Kansas Registered Agent: If you wish to start a Kansas LLC, you have to appoint a registered agent. According to Kansas State Law, it is mandatory to have a Kansas Registered Agent (often known as a Resident Agent in Kansas) if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in Kansas, and who can be a registered agent for your LLC. Read this guide carefully before you hire a Kansas Registered Agent.
On this page, you’ll learn about the following:
What is a Kansas Registered Agent
A registered agent (or a statutory agent or a resident agent) in Kansas is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the Kansas LLC formation papers with the Secretary of State, LLCs must mention their registered agent’s name and address. When you choose a registered agent in Kansas, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Note: In Kansas, a registered agent is called a Resident Agent. The Resident Agent is an individual or a business that receives all the legal and state-related documents for your Kansas LLC. An LLC must maintain a Resident Agent till the LLC shuts down or gets dissolved. In Kansas, the requirements and duties of a Resident Agent can be found in the Kansas statutes (KS-17-7666).
Hiring a Registered Agent in Kansas
You may have several options for hiring a registered agent in Kansas. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Kansas can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in Kansas always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in Kansas
You can choose a Kansas Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing a Kansas Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in Kansas
At the time of submitting the Kansas Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the Kansas LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in Kansas by mail, you need to download the Kansas LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on Kansas Articles of Organization.
Cost of a Kansas Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in Kansas.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get a registered agent at a low cost.
How to Change a Registered Agent in Kansas
To change the Kansas registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Kansas Secretary of State via mail, online, in person, or fax.
For online filing, you need to get the online form, which is available on the Kansas Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.
Fee: $35 (by mail), $25 (Online), $20 extra (by fax)
File By Mail
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the Kansas Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form must be sent to the following address,
Mail to: Kansas Secretary of State
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612-1594
Fax: (785) 296-4570
How to Pay: The filing amount is payable to the Kansas secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Why Do LLCs in Kansas Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in Kansas. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in Kansas ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in Kansas to publicly upload their address to the Kansas Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the Kansas SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in Kansas or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
Maryland Business Laws for Registered Agents to Note
Registered Agents handle all the business-related legal affairs of your business and other legal issues of a foreign LLC in Kansas. Every state has its own set of established business laws. Kansas also has a well-formed set of business laws to follow. Here are the significant business laws that require mandatory compliance by every business entity.
Kansas Antitrust Laws
Antitrust laws prevent anti-competitive practices in any open market by levying heavy penalties and punishment against such practices. These laws counter the formation of cartels, unfair methods of competition, monopolies, or any barrier created for new entrants in the market.
The Kansas Antitrust laws specifically prohibit any agreement in restraint of trade executed to reduce competition in the market, price-fixing, controlling of the costs or rates of insurance, pooling of interests, fixing of fees of attorneys or doctors, etc. The State law permits the institution of a private lawsuit and claim of damages up to three times the original amount of damage. Penalties prescribed under the laws impose civil penalties from $100 to $5000 per day up to $10,000 of willful violation and restraint or injunction order against such practices.
Kansas Deceptive Trade Practices Laws
The State of Kansas aims to protect its residents from unfair business practices. Such practices mislead the consumers into investing in invaluable market products by selling them with twisted statements and lies such as false advertising.
Kansas established its own consumer protection laws that specifically prohibit false representations about characteristics, affiliation, status, original condition, quality, grade, style, or model of goods or wilful exaggeration of material facts, etc.
Civil penalty up to the tune of $20,000 per violation can be imposed, and class action lawsuits are also allowed in such cases. Imprisonment for 5 to 17 months can be imposed in case of odometer tampering.
Kansas Pyramid and Ponzi Scheme Laws
Any pyramid or Ponzi scheme is considered illegal in Kansas as they are contrary to the public policy of the State. These schemes are deceptive in nature, and participating in or organizing such activities is prohibited by the laws of the State.
Any act of establishing, operating, advertising, or promoting a pyramid scheme is considered a Level 9 nonperson felony punishable by up to 8 months of imprisonment, and a penalty can be imposed up to $100,000.
Kansas Interest Rates Laws
Every state in the United States has an Interest law for businesses. Normally, the general interest rate guidelines are less than the legal threshold of interest rate. Kansas has laws to limit the interest rates, and significantly high-interest rates are considered unlawful and open to criminal prosecution. The maximum legal rate of interest in Kansas is 10%. The interest rate on judgments is 4% above the federal discount rate. The penalty for the unlawful rate of interest or usury is forfeiture of all interest in addition to the borrower’s reasonable attorney fees.
Kansas Wage and Hour Laws
The standard minimum wage for employees in Kansas is $7.25 per hour. Any overtime above the usual work hours of 46 hours shall be compensated at the rate of 1.5 times the hourly rate for any excess work. A civil penalty of up to $1000 can be imposed on the violator plus the attorney’s fees of the employee.
Kansas Civil Statute of Limitations
The Statute of Limitations determines the time limit for filing a lawsuit or other civil actions to ensure equality and justice among the disputing parties. The time period for such actions varies between 2 years to 5 years depending on the time of felony committed, such as fraud, injury, malpractice, and trespass claims should be filed within 2 years of the commission of the act. Violation of contract claims should be filed within 5 years of the act, etc.
The Registered Agents are the people who act as points of contact between your business and the State Authorities. They assist your business in ensuring compliance with all regulations and codes of the State. Hiring a registered agent in Kansas will help you handle your business in a smooth and legally compliant manner.
How to Remove a Registered Agent for LLC in Kansas
A registered agent for LLC in Kansas can be removed by submitting a Statement of Change of Registered Office and/or Registered Agent with the Kansas Secretary of State with a filing fee of $35.
How to Remove a Registered Agent for LLC in Kansas
In the ever-evolving and dynamic world of business, staying on top of all the legal obligations and administrative tasks can be quite a challenge. Companies, regardless of their size, need to comply with various regulations to ensure smooth functioning and protect their rights and interests. One such requirement is the appointment of a registered agent for limited liability companies (LLCs). However, situations may arise where a change in the registered agent is necessary, either due to the agent’s resignation, inability to fulfill their duties, or simply the need to shift to a different representative altogether. In Kansas, the process of removing a registered agent for an LLC can be a relatively straightforward one.
To understand the removal process fully, it is crucial to understand the role of a registered agent. In Kansas, as in many other states, an LLC is legally required to have a registered agent, who acts as the designated point of contact for official communications and legal documents. The registered agent can be an individual residing in the state of Kansas or a business entity authorized to conduct business in the state. Not only does a registered agent receive and forward important mail on behalf of the LLC, but they also play a vital role in ensuring the company stays compliant with state laws.
If the need arises to remove a registered agent for an LLC in Kansas, the process can typically be initiated by the LLC’s members or authorized representatives. To proceed with the removal, the appropriate steps should be followed to ensure all legal requirements are met. Firstly, it is essential to review the LLC’s operating agreement, as it may outline specific provisions regarding the removal process. Following the guidelines outlined in the agreement is crucial, as it maintains transparency and upholds the rights agreed upon by the members of the LLC.
In the absence of specific provisions in the operating agreement, Kansas law provides a default process for removing a registered agent. The members must nominate a new registered agent who meets the legal requirements. This individual or entity should be willing to accept the role and formally consent in writing. The LLC must then submit a Change of Registered Office or Registered Agent form to the Kansas Secretary of State’s office. This essential document notifies the authorities about the change and ensures that future communications and legal notices are directed to the new registered agent. Typically, a small fee is required to process this form.
Furthermore, communication is key throughout the entire process. It is recommended to inform the current registered agent of the impending change and discuss the reasons behind it as cordially as possible. Open communication reduces the chances of any misunderstandings and can facilitate a smoother transition.
Navigating through legal processes can be intimidating for many, but removing a registered agent for an LLC in Kansas need not be overly complicated. By adhering to the necessary formalities, diligently following the guidelines in the operating agreement, and notifying the stakeholders involved, business owners can change or replace a registered agent promptly.
Businesses must be adaptable and responsive to the ever-changing requirements of the modern world. The ability to make necessary adjustments, such as removing a registered agent, is a crucial aspect of running a successful and compliant LLC. Kansas provides a relatively clear and straightforward procedure for such changes, highlighting the importance of staying informed and proactive when it comes to legal matters.
To change the registered agent in Kansas, you need to submit the RA change application form to the Kansas Secretary of State. This can be done online, by mail to the address Kansas Secretary of State, Memorial Hall, 1st Floor, 120 S.W. 10th Avenue, Topeka, KS 66612-1594, or by fax, whichever provision is available for you. The cost to change a registered agent in Kansas is $35.
It is easy to become a registered agent in Kansas. To become a registered agent, you have to be above 18 years of age and a resident of the state. It does not require any specific educational background to become a registered agent in Kansas.
In Kansas, anyone can be a registered agent. your Spouse, relatives, any member of the LLC, and yourself, anyone who fulfills the criteria can be a registered agent. The person has to be a resident of Kansas and must be a legal adult.
To change a registered agent’s address in Kansas, you need to submit the RA Change Form mentioning the new address. The form can be submitted online, by mail to the address Kansas Secretary of State, Memorial Hall, 1st Floor, 120 S.W. 10th Avenue, Topeka, KS 66612-1594, or by fax, whichever provision is available for you. This form should be submitted to the Kansas SOS.
To find a company’s registered agent in Kansas, you must visit the Kansas Secretary of State website. You will get an option to find the business by name. If you enter the name of the company, you can select the registered agent’s name to see the details.
A registered agent in Kansas is responsible for receiving legal notices and permits and serving any process on behalf of the company. It is mandatory to have a registered agent in Kansas. You can hire a professional or can be your own registered agent in Kansas.
Registered agents can be appointed by submitting their details at the time of company registration in Kansas. The formation document has a section where you need to provide details like the name, address, and contact information of the appointed registered agent. If you are serving as a registered agent, then provide your personal information.
To search for the address of a registered agent, you need to follow these steps,
1. Go to the Kansas Secretary of State’s website
2. Search by the name of the company
3. Check the Registered agent section and the address list
This way, you’ll be able to search for the registered agent’s address in Kansas.
To search for a business in Kansas, go to the Kansas Secretary of State’s website. You will find the “Search” option. You can search for a business by its name and by the registered agent’s name. Select the “registered agent” option and enter the name of your registered agent to get the business details.
For a registered agent in Kansas, you need to fulfill 3 main criteria. The first one is you have to be aged more than 18 years. Second, you have to be a resident of the state. That is, you must have a physical street address in Kansas. Finally, you must have the right to conduct business in Kansas.
It is easy to look up a registered agent for a corporation in Kansas. To do so, you need to visit the Kansas Secretary of State’s website. Go to the Business Search option. By selecting the Look up by name, you will be able to search for a business by its name. Once you get the business, you can check for the registered agent details.
In Kansas, if a registered agent wants to resign, he/she has to send the resignation letter to the company he/she is representing. After a certain number of days, along with the resignation letter, a resignation notice should be sent to the Kansas Secretary of State to confirm the resignation of the registered agent.
To update a registered agent in Kansas online, you have to submit the RA Change Form to the Kansas Secretary of State. Not all states provide an online method of updating a new registered agent. Check the Kansas SOS website to find out if the online method is available.
You can get a free registered agent in Kansas in three ways. The first way is if you become your own registered agent. Secondly, if any one of your relatives, spouse, or friends becomes a registered agent. Finally, there are business formation companies that provide free registered agent services in Kansas.
You can easily research a registered agent in Kansas. You need to visit the official website of the Kansas Secretary of State. If you have the business name, then you can go for the option “search by name.” As you find the company details, you can research a registered agent’s details from the list.
In the state of Kansas, the registered agent form should be sent to the Kansas Secretary of State, Memorial Hall, 1st Floor, 120 S.W. 10th Avenue, Topeka, KS 66612-1594. While registering your business, you must appoint the registered agent and enter all their details on the formation documents. Then mail it to the above-mentioned address.
In Kansas, having a registered agent for your company is mandatory. However, if there is no registered agent for your company, then you might get into legal trouble. Hence, it is important to hire a registered agent (you can also be your own registered agent) in Kansas.
If a registered agent dies, your company will be left with no registered agent. In Kansas, it is necessary to have a registered agent for your company. If he/she dies, all the power will be invalid. Companies must change/replace the registered agent by notifying the SOS asap.
It cannot be said confirmed if the registered agent’s name can be hidden or not. In some states, it is possible to hide an LLC member or the owners’ names in a public registry. It can happen if you have an anonymous LLC. In some states, it is not possible to hide the registered agent’s name. Check the regulations of business registration in Kansas Secretary of State for this.
To get the registered agent information in Kansas, you need to call (785)296-4564. The official time of the Kansas Secretary of State is 8 am to 5 pm (central time). You can call on this number and follow the instruction to reach the division you are looking for.
A registered agent’s consent is a written notice that confirms that the registered agent is ready to represent the company. In Kansas, if you appoint a new registered agent or change the previous person, then the new person appointed must submit their consent to the SOS.
There is no such difference between a registered agent and a resident agent. In Kansas, the registered agent is sometimes called a resident agent. In most states, a resident agent is called a registered agent. A few states use the term resident agent.
If a person appointed as a registered agent in Kansas has not given his/her consent, then a legal penalty and liability can be imposed on the person who is appointing a registered agent without their consent. Besides, they have the right to deny any duty of the process.
Yes, if there is no registered agent in your company in Kansas, your LLC can still be sued. There are different ways to sue any business entity in Kansas. If there is no one to receive the legal documents, then there will be another way to sue the company.
A registered agent can accept or reject the designation in Kansas. In order to reject the designation, the person can sign the statement of rejection and submit it to the Secretary of State. The statement of rejection is available on the SOS website.
Before you choose a registered agent for your Kansas LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.