How to Start Your Own LLC in Kansas

This step-by-step guide walks you through every major stage of forming an LLC in Kansas—from choosing a compliant and distinguishable business name to filing your Articles of Organization, obtaining an EIN, meeting licensing requirements, and understanding how your LLC will be taxed. By the end of this guide, you'll have a clear and practical roadmap to launch and manage your Kansas LLC with confidence.

1. Name Your Kansas LLC

Choosing the right name for your LLC is one of the most important early decisions you'll make. Your business name represents your brand, your reputation, and your legal identity. A strong name should be unique, easy to remember, and clearly communicate what your business does.

Before settling on a name, it's helpful to first clarify your business concept. Knowing your target market, products, and long-term goals makes it easier to select a name that will still make sense as your business grows. Many entrepreneurs also ask friends, family members, or colleagues for feedback to see how the name sounds to others and whether it's easy to understand or remember.

Once you've come up with several possible names, conduct a general web search. Check whether the domain name is available and whether similarly named businesses already exist. This step can help you avoid brand confusion and potential legal issues later.

Check Name Availability in Kansas

After narrowing down your options, perform an official business name search on the Kansas Secretary of State website. This ensures your desired name is not already registered or too similar to another Kansas business. You should also search for close variations, as Kansas requires LLC names to be clearly distinguishable.

Kansas LLC Naming Rules

Kansas has specific LLC naming rules. Your LLC name must include "Limited Liability Company" or an accepted abbreviation such as LLC or L.L.C. The name cannot contain words that imply your business is a government agency, and it must be distinguishable from all other registered business names in the state. Certain words—such as bank, insurance, or university—require additional state approval.

Check Federal Trademarks

After confirming state-level availability, it's highly recommended to search the U.S. Patent and Trademark Office (USPTO) database. This helps ensure your name is not already trademarked at the federal level, which is especially important if you plan to operate outside Kansas or build a national brand.

Reserve Your Kansas LLC Name

If you're not ready to form your LLC immediately, Kansas allows you to reserve your business name. To do this, visit the Kansas online business services website, create an account, and submit the name reservation application. You'll enter your proposed business name along with your personal contact information, apply your electronic signature, and submit payment. Paper filings are also accepted by mail.

Fees & Processing:

• The name reservation fee is $30 if filed online and $35 by mail
• Once approved, the name is reserved for 120 days

Doing Business As (DBA) in Kansas

You may decide to operate your business under a name different from your LLC's legal name. This is commonly referred to as a Doing Business As (DBA) name.

For example, if your LLC is registered as JJ's Waffles, LLC but you later introduce a new product line called JJ's Muffins, you can operate under that name without forming a separate LLC. DBAs also allow you to accept payments, advertise, and interact with customers using a name that better reflects specific products or services.

In Kansas, DBAs are not registered at the state level. Each county has its own procedures, and in some counties, DBA registration is not required at all. Because requirements vary, you should contact your county clerk's office to determine whether registration is necessary in your area.

2. Select a Resident Agent

Kansas requires every LLC to appoint a resident agent (also commonly called a registered agent). The resident agent is responsible for receiving legal documents, tax notices, and official correspondence on behalf of your LLC.

Resident Agent Requirements

The resident agent can be an individual, an LLC member, or a business entity authorized to operate in Kansas. To qualify, the agent must:

• Be at least 18 years old
• Maintain a physical street address in Kansas (P.O. Boxes are not allowed)
• Be available during regular business hours

While some business owners choose to act as their own resident agent, many prefer to hire a professional resident agent service. These services help ensure compliance, provide privacy by keeping your personal address off public records, and offer flexibility if you travel or operate your business remotely.

3. Determine Your Management Structure

Kansas LLCs can be either member-managed or manager-managed.

Member-Managed LLC

In a member-managed LLC, all members participate in the day-to-day operations and decision-making of the business. This structure is common for small LLCs where owners are actively involved.

Manager-Managed LLC

In a manager-managed LLC, one or more managers handle daily operations, while other members act as passive investors. A member may also serve as a manager, but only alongside at least one non-member manager. This structure is often used when an LLC has multiple owners who don't all want operational responsibilities.

If your Articles of Organization do not specify a management structure, Kansas law assumes the LLC is member-managed by default.

4. File Articles of Organization with the Kansas Secretary of State

To officially form your LLC, you must file Articles of Organization with the Kansas Secretary of State. This filing is completed through the Kansas online business filing system.

Information Required

The Articles of Organization require basic information about your LLC, including:

• LLC name
• Principal office address
• Resident agent details
• Resident office address
• The LLC's tax closing month

To begin, create an account through the Kansas Business Filing Center. Once logged in, select Kansas Business Entity Formation, choose Limited Liability Company, and proceed through the Articles of Organization filing screens. You'll enter the required information, electronically sign the document, and submit payment.

Filing Fee & Processing

• Filing fee: $165
• Online filings are typically confirmed within 24 hours
• Filings submitted by mail may take up to five business days to process

Kansas Secretary of State Contact Information

Kansas Secretary of State
Memorial Hall, 1st Floor
120 SW 10th Avenue
Topeka, KS 66612-1594

Phone: 785-296-4564
Email: kssos@ks.gov

Resources for Business Owners: Kansas Business One Stop
Online Portal: KanAccess

5. Draft an Operating Agreement

An operating agreement outlines how your LLC is owned and managed. While Kansas does not legally require LLCs to have an operating agreement, having one is strongly recommended—even for single-member LLCs.

This document helps establish clear rules regarding ownership, voting rights, profit and loss distribution, management authority, recordkeeping, and dispute resolution. It can also strengthen your LLC's limited liability protection by demonstrating that the business operates as a separate legal entity.

Although templates are available online, it's often best to have an attorney draft or review your operating agreement to ensure it aligns with Kansas law and your business goals.

6. Get Your Employer Identification Number (EIN)

An Employer Identification Number (EIN) is issued by the IRS and functions like a Social Security number for your business. It's used for tax reporting and is required if your LLC has more than one member, hires employees, or opens a business bank account.

You can apply for an EIN for free on the IRS website. During the application process, you must identify a responsible party, who is the individual responsible for controlling and managing the LLC's finances and operations.

7. Obtain Business Licenses and Permits

Depending on your business activities, you may need licenses or permits at the federal, state, or local level. Federal licenses are typically industry-specific, while Kansas provides guidance through the Kansas Business One Stop website.

If your LLC sells taxable goods or services, you'll need a Kansas sales tax license (seller's permit). Local governments may also require zoning approvals, signage permits, or health and safety permits.

Operating without required licenses can lead to fines and penalties, so it's important to research requirements carefully or consult a professional if needed.

8. Determine Your Tax Status

By default, Kansas LLCs are taxed as pass-through entities, meaning the LLC itself does not pay federal income tax. Instead, profits and losses are reported on the members' personal tax returns.

Default Tax Treatment

Single-member LLCs are taxed like sole proprietorships, while multi-member LLCs are taxed as partnerships unless another tax status is elected. LLCs may choose to be taxed as a C-corporation or S-corporation by filing the appropriate IRS forms, depending on their financial strategy.

Kansas personal income tax rates currently range from 5.2% to 5.58%, depending on income level.

Other Ongoing Requirements for Kansas LLCs

Open a Business Bank Account

After forming your LLC, it's important to open a dedicated business bank account to keep personal and business finances separate.

Apply for a Business Credit Card

Many LLCs also apply for a business credit card to build credit and manage startup expenses.

Get Business Insurance

Business insurance is another key consideration. Common policies include general liability, professional liability, workers' compensation, commercial auto insurance, and business owner's policies (BOPs) that bundle coverage types.

Maintain LLC Records

Keeping accurate records—such as formation documents, operating agreements, contracts, and financial records—is essential for legal compliance and smooth operations.

Annual and Biennial Reporting in Kansas

Since 2024, Kansas LLCs are required to file a biennial report (every two years) instead of an annual report. Filing this report on time is necessary to keep your LLC in good standing with the state.

Kansas LLC FAQs