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Last Updated on September 30, 2024 by Dr. Gabriel O’Neill, Esq.
Starting a business in Kansas offers great potential, but the process of registration can feel overwhelming, especially if you’re new to entrepreneurship. Don’t worry—with the right guidance and resources, registering your business in Kansas can be simple and hassle-free.
This guide is designed to be your complete manual, providing step-by-step instructions to make the registration process easier. Along with these steps, we’ve included helpful insights and resources to further simplify the experience. Whether you’re starting a new venture or formalizing an existing one, this guide breaks the process down into seven easy-to-follow steps.
To help you overcome any challenges, we’ve also compiled a list of top business registration services, such as Northwest Registered Agent, to support you along the way. Let’s dive in and get your business officially registered in Kansas!
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How to Register Your Business in Kansas in 7 Simple Steps
Understanding the process of business registration in Kansas makes it an undemanding task. Follow these 7 foundational steps to swiftly set up your Kansas-based business with minimal hassle.
Step 1: Identify Your Business Formation
The optimal formation for your business depends on the kind of enterprise you’re launching and your growth strategy. We’ve previously discussed the different types of incorporated and unincorporated businesses you can choose from in Kansas, and now we’ll examine each of these options more thoroughly.
Keep in mind that you’ll only need to register your business with the Kansas Secretary of State if you select a formation that requires incorporation, such as the following.
Sole Proprietorship
A sole proprietorship is the simplest business formation in Kansas, where the owner and the business are legally considered one entity. This means the owner is personally responsible for the business’s debts and liabilities. It’s easy to establish and has minimal legal and administrative requirements. In Kansas, you don’t need to register your sole proprietorship with the state, but you may need to obtain local permits or licenses.
General Partnership
A general partnership is a business owned by two or more people who share in the profits and losses. Each partner is personally liable for the business’s debts and legal obligations. In Kansas, you don’t need to register a general partnership with the state, but you may need to file a “Kansas Assumed Name Certificate” in the county where your business is located.
Limited Partnership (LP)
In Kansas, a limited partnership consists of one or more general partners who manage the business and have unlimited personal liability and one or more limited partners who provide capital but have limited liability. To create an LP in Kansas, you must file a “Certificate of Limited Partnership” with the Kansas Secretary of State.
Limited Liability Company (LLC)
An LLC is a flexible business structure that combines the liability protection of a corporation with the tax benefits and simplicity of a partnership. In Kansas, you need to file “Articles of Organization for a Limited Liability Company” with the Kansas Secretary of State and create an Operating Agreement to outline the company’s management and ownership structure.
Corporation
A corporation is a legal entity separate from its owners (shareholders) that offers limited liability protection. There are two types of corporations in Kansas:
- C-corporations
- S-corporations
To create a corporation in Kansas, you must file “Articles of Incorporation for a Business Corporation” or “Articles of Incorporation for a Nonprofit Corporation” with the Kansas Secretary of State, depending on your business type. Corporations require more formalities, such as creating bylaws, issuing stock, and holding regular board and shareholder meetings.
Choose the business formation in Kansas that best suits your needs based on liability protection, taxation, and management requirements. Consult with a legal or business professional if you need assistance making this decision.
Step 2: Determine an Exclusive Business Name
In Kansas, there are three principal ways to name your business: by registering a legal entity name, securing a trademark, or by registering a legal name while operating under a different one. Naming guidelines and regulations can differ from state to state, so it’s essential to research Kansas’s specific requirements.
Your choice for naming your business in Kansas will depend on your entity’s individual needs and circumstances.
You may decide to employ all three methods to ensure your business name remains exclusively yours, or you may simply choose one of the three options. Although it’s not required, it’s often advantageous to maintain consistency across each registration method.
Here is an in-depth analysis of each naming option in Kansas:
Legal Entity Name
In Kansas, businesses must register a legal entity name, which is how the state identifies the company. Entity names must be unique, preventing the possibility of another business sharing the same name as yours.
Kansas naming laws include guidelines for company suffixes (e.g., LLC, LP, or Corp) and require that the name accurately represents the nature of the business being registered. You can search for name availability using the Kansas Secretary of State’s KanAccess database.
Trademark
A trademark in Kansas is a form of intellectual property that protects a business name or logo at the national level. To secure a name or logo, it’s crucial to conduct a trademark search in the USPTO database to ensure it has not already been registered.
Once a trademark is registered, it prevents others from using the same or similar name or logo for similar goods or services, providing nationwide protection. However, obtaining a trademark does not automatically grant the right to use the name or logo without limitations in all circumstances.
Doing Business As (DBA)
Kansas also allows you to register your business under one “official” name while operating under another, known as a Doing Business As (DBA) name. To achieve this, you need to file a Certificate of Assumed Name with the Kansas Secretary of State. DBA names are subject to federal trademark laws, but there is no requirement for them to be unique at the state level.
By understanding and considering these naming options, you can successfully register your business name in Kansas and protect your brand identity.
Step 3: Consider Taxes and Other Costs in Kansas
Kansas LLCs are required to pay several business taxes, including employer payroll taxes, Kansas sales tax, and Kansas income tax.
In addition to these taxes, Kansas LLCs may also be subject to franchise taxes, property taxes, and excise taxes. It’s important to consult with a tax advisor to determine the specific tax obligations of a Kansas LLC.
Here are some additional details about each of the taxes that Kansas LLCs are required to pay:
- Employer payroll taxes: These taxes are withheld from employee wages and are used to fund Social Security, Medicare, and unemployment benefits. The employer is responsible for withholding 7.65% of each employee’s taxable wages, and the employee is responsible for an additional 7.65%.
- Kansas sales tax: This is a general sales tax that’s collected at the point of purchase. The tax rate is 6.5% statewide, but some cities and counties have imposed additional taxes, bringing the total sales tax rate in some areas to 10.5%. Businesses are required to collect Kansas sales tax on the sale of tangible personal property and certain services.
- Kansas income tax: This is a progressive tax that’s based on the amount of income earned by the LLC. The tax rates range from 2.9% to 5.2%, and the taxable income is determined by subtracting allowable deductions from the total income.
Streamlining the business registration process in Kansas can be made easier through online platforms such as ZenBusiness. This service provides a comprehensive suite of offerings tailored to assist entrepreneurs in establishing their businesses. These services encompass tasks like submitting required documents to the Secretary of State, securing an Employer Identification Number (EIN), and crafting an operating agreement.
In addition, ZenBusiness offers ongoing compliance assistance to ensure businesses continuously meet state requirements and maintain good standing.
Step 4: Register and Acquire Licenses and Permits in Kansas
To operate your business in Kansas, it’s important to obtain the necessary licenses and permits. Here are the key requirements:
Tax Registration
Should your Kansas-based business engage in the selling of goods, it’s compulsory to register with the Department of Revenue (DOR) for sales tax collection purposes. Similarly, businesses with employees are mandated to register with the DOR for employer withholding taxes.
Both tax types, along with other business taxes, can be registered either through the DOR’s Customer Service Center online or manually via Form CR-16, the Kansas Business Tax Application.
Employer Identification Number (EIN)
For businesses that have employees or are taxed separately from the owners, it’s crucial to acquire a federal Employer Identification Number (EIN) from the IRS. While not always obligatory, obtaining an EIN can be beneficial for several reasons.
For example, banks typically require an EIN to establish an account in the business’s name, and certain companies may need your EIN to process payments. You can acquire an EIN by completing an online application at no cost.
Regulatory Licenses and Permits
Some various licenses and permits might be necessary, depending on your business activities. These include but are not limited to, areas such as environmental compliance, health and safety regulations, and building and construction standards. Since the spectrum of regulatory licenses and permits is vast and issued by different state agencies, you may need assistance in identifying which ones apply to your business.
For this, the Common Business Licenses / Permits section on the Kansas.gov website is a useful resource. For local licenses and permits, consult the websites of any cities or counties where your business will operate.
Professional and Occupational Licenses
Professionals working in certain fields may need specific licenses. Some of these professions and occupations can be found in the Common Business Licenses / Permits section of the Kansas.gov website.
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Step 5: Create a Business Bank Account in Kansas
After acquiring your EIN, you can move forward with opening a business bank account in Kansas.
Kansas state legislation requires LLPs, LLCs, and corporations to have dedicated business bank accounts. In contrast, sole proprietors and unincorporated partnerships are not bound by this stipulation.
To open a business account in Kansas, simply visit a local bank and provide the requested documentation. It’s in your best interest to review and compare the fees, services, and incentives offered by various banks before selecting one.
Even if you’re a sole proprietor or an unincorporated partnership in Kansas, it’s recommended to have a separate company bank account to distinguish between personal and business finances. This foresight will streamline the process should you choose to incorporate your business in the future.
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Step 6: Preserve Your Intellectual Property in Kansas
When launching a business in Kansas, it’s crucial to protect any intellectual property (IP) that may be vital to your company’s success.
This could involve securing your business name and logo from unauthorized duplication and use or protecting your product designs or creative works (e.g., writing, art, or music) from infringement.
Several approaches are available to protect your IP in Kansas, and it’s advisable to start the process as soon as possible to prevent others from exploiting your IP.
Trademark
A Kansas trademark is a unique symbol, word, phrase, or design that identifies a product or service and distinguishes it from others in the market. For legal protection, trademarks must be registered with the United States Patent and Trademark Office (USPTO).
The registration process generally takes four to six months. Upon registration, your trademark is protected throughout the United States, and legal action can be taken against anyone who uses it without permission.
By registering your trademark with the USPTO in Kansas, you’re protecting your brand and reputation, as well as gaining the legal means to address unauthorized use.
Copyright
In Kansas, original works of authorship, such as literary, dramatic, musical, artistic, and certain other intellectual works, are protected by copyright law. This includes written content, software, web content, films, sound recordings, images, and other forms of creative expression.
When you create a new work in Kansas, copyright protection is automatically granted to you as the creator of the work. As the owner of the exclusive rights to distribute, reproduce, create derivative works, and sell intellectual property, you have the legal authority to control the use of your work.
However, you may choose to register your copyright with the U.S. Copyright Office for additional legal protection and evidence of ownership. Registering your copyright in Kansas can help protect your work against infringement and provide a way to enforce your rights in court if necessary.
Patent
If you invent a new product or piece of machinery in Kansas, you’ll want to patent it. A patent gives the holder exclusive rights over an item and prevents anyone else from making, selling, or importing the patented item for a specified period.
The patent process is complex and can take up to five years to complete, so it’s best to get an early start if you have a unique invention that you’d like to protect. Patent applications are submitted to the United States Patent and Trademark Office (USPTO).
By protecting your intellectual property in Kansas, you can safeguard your brand, products, and creations, ensuring that your business maintains a competitive edge and continues to grow.
Taking the necessary steps to secure your IP will help you establish a strong foundation for your business in Kansas, providing legal recourse against infringement and unauthorized use.
Step 7: Set Up Your Payment Infrastructure in Kansas
To ensure that your Kansas-based organization is ready to cater to customers as soon as it’s registered, it’s vital to have a dependable, straightforward payment acceptance solution in place.
Various payment processing services are accessible, featuring user-friendly interfaces and seamless integration with your website or point-of-sale (POS) system. Prominent choices include Square, Stripe, and PayPal. These systems offer adaptability and simplicity in deployment and personalization to match your business targets.
These payment processors support the acceptance of a diverse assortment of payment methods, including credit and debit cards, ACH transfers, digital wallets like Apple Pay and Google Pay, and more.
By selecting a reputable payment processing service, you can enable customers to utilize their preferred payment methods via a secure platform, assuring a fluid transaction experience for both parties.
In addition to choosing a payment processor, it’s necessary to secure your sales tax compliance in Kansas. This requires obtaining a Kansas Sales Tax Registration from the Kansas Department of Revenue, which authorizes you to collect sales tax on taxable items upon establishing your payment infrastructure, your Kansas-based organization will be well-positioned to serve clients and generate revenue securely and effectively.
By following these steps, you will be well on your way to establishing a legally compliant business in Kansas.
Top 5 Business Registration Services for Kansas Entrepreneurs
For entrepreneurs and small business owners looking to register a business in Kansas, there are numerous business registration services available to assist. These services provide various solutions to support businesses in their establishment, compliance with state and federal regulations, and growth. Here are some of the top business registration services tailored for Kansas entrepreneurs:
ZenBusiness
ZenBusiness is an online business registration platform specializing in business formation, registered agent services, annual report filing, and more for Kansas businesses. They offer competitive pricing and packages, including personalized support and resources to ensure compliance and promote business growth. Their user-friendly website simplifies the registration process, making it easy for entrepreneurs to establish their businesses in Kansas.
Swyft Filings
Swyft Filings is a reputable business registration service offering quick and straightforward business formation, including LLC formation, incorporation, and compliance for Kansas entrepreneurs. They supply personalized support and resources to guide businesses through the formation process and ensure compliance with state and federal regulations. With a user-friendly website and competitive pricing, Swyft Filings simplifies the registration process for entrepreneurs.
Tailor Brands
Tailor Brands is an online branding and design service that helps Kansas businesses develop a polished and consistent brand identity. They provide a variety of branding packages, including logo design, business card design, and social media branding. In addition to designing tools and resources for businesses to create and customize their branded assets, Tailor Brands can assist in crafting a professional brand image to attract clientele, even though it’s not a conventional business registration service.
Northwest Registered Agent
Northwest Registered Agent is a respected online LLc registration service specializing in registered agent services, compliance management, and document filing for Kansas businesses. Known for exceptional customer service and quality, they offer personalized support to ensure businesses remain compliant with state and federal regulations. They also provide various business formation services for LLCs, corporations, and nonprofits.
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Bizee (Previously Incfile)
Bizee is an online business registration service offering fast and cost-effective business formation services for Kansas entrepreneurs. They provide packages that encompass registered agent services, compliance management, and document filing. bizee user-friendly and efficient platform simplifies the business registration process, and they offer ongoing support and resources to promote compliance and business growth.
By evaluating and comparing these business registration services, Kansas entrepreneurs can identify the most suitable service to meet their unique requirements, streamlining the registration process for a smooth and efficient start.
Business Registration Laws in Kansas
Kansas Business registration laws govern the process of registering a business within the state of Kansas. These laws are designed to ensure that businesses comply with legal requirements and operate lawfully. Here are some key points regarding Kansas business registration laws:
- Business Entity Types: Kansas allows various types of business entities, including sole proprietorships, partnerships, Limited Liability Companies (LLCs), and corporations. Each entity type has its own registration and compliance requirements.
- Secretary of State: The Kansas Secretary of State’s office is responsible for business entity registration. It’s the central authority for processing and maintaining business records.
- Name Registration: Before starting a business, you must ensure that the chosen business name is available and meets the state’s requirements. Kansas requires unique names that do not confuse existing registered businesses.
- Registration Process: To register a business in Kansas, you need to file the necessary documents with the Secretary of State’s office. The required forms and fees vary depending on the business entity type.
- Business Licenses and Permits: Depending on the nature of your business, you may need to obtain specific licenses and permits from state, county, or municipal authorities. Kansas has licensing requirements for certain professions and regulated activities.
- Taxation and Employer Obligations: Businesses in Kansas must comply with state and federal tax obligations. This includes registering for state taxes, such as sales tax, and obtaining an Employer Identification Number (EIN) from the Internal Revenue Service (IRS) if you have employees.
- Annual Reports: Registered businesses in Kansas are generally required to file annual reports with the Secretary of State’s office. These reports provide updated information about the business, such as its address, owners, and authorized representatives.
It’s important to note that business registration requirements can change over time. Therefore, it’s advisable to consult the Kansas Secretary of State’s website or seek professional legal advice to ensure compliance with the most current regulations.
Alternative Business Registration Methods in Kansas
In Kansas, there are several alternative business registration methods. Here are some options:
Online Registration
The Kansas Secretary of State’s office provides an online portal called “Kansas Business Center,” where you can register your business electronically. This method is convenient and allows you to complete the registration process from anywhere with an internet connection.
Mail Registration
If you prefer a traditional method, you can register your business by mail. You need to download the necessary forms from the Kansas Secretary of State’s website, fill them out, and mail them along with the required fees to the appropriate address.
In-Person Registration
Another option is to visit the Kansas Secretary of State’s office in person and register your business. The office is located in Topeka, and their address can be found on their website. In-person registration allows you to interact directly with the staff and get immediate clarification or assistance.
Using a Registered Agent Service
If you’re not able to handle the registration process yourself or prefer to use a professional service, you can hire a registered agent in Kansas. A registered agent is a person or company that accepts legal documents and official correspondence on behalf of your business. They can help with the registration process and ensure compliance with state requirements.
You should consult the Kansas Secretary of State’s office or seek professional advice to ensure you follow the correct process for your specific business type.
Benefits of Registering Your Business in Kansas
Registering your business in Kansas offers several benefits, such as:
- Legal Recognition: Provides legal recognition and establishes your business as a separate entity, protecting personal assets
- Liability Protection: Offers limited liability protection for LLCs and corporations, safeguarding personal assets from business liabilities
- Professional Reputation: Enhances credibility and trust with customers, suppliers, and partners
- Access to Funding: Increases opportunities for funding from financial institutions, investors, and grant programs
- Perpetual Existence: Allows the business to continue operating despite changes in ownership or management
- Legal Protection of Name: Grants exclusive rights to your business name, preventing others from using it within the state
- Tax Benefits: May offer tax incentives, credits, and deductions and provides flexibility in taxation options
- Access to Government Contracts: Eligibility to bid on government contracts at state and local levels, opening doors for growth
Registering a business also entails ongoing compliance responsibilities and filing requirements to maintain good standing.
Is Business Registration Obligatory in Kansas? Learn the Details Here
In Kansas, business registration requirements hinge on your chosen business structure and specific circumstances. Sole proprietorships and general partnerships operating under the owner’s legal name are not obligated to register with the Kansas Secretary of State.
However, if they utilize a fictitious business name (DBA), they must register it with the appropriate county clerk’s office. Formal business structures, such as corporations, Limited Liability Companies (LLCs), and limited partnerships, must register with the Kansas Secretary of State.
To ensure that your business complies with all relevant laws and regulations, it’s strongly advised that you seek professional legal or tax advice when establishing your business in Kansas.
How to Register Your Business in Kansas – Frequently Asked Questions
What Do I Need to Register a Business in Kansas?
For business registration in Kansas, you must select a suitable name, decide on a legal structure, and submit the required documents to the Kansas Secretary of State. The precise requirements are contingent upon the type of business you intend to launch, but typically, you will need to file Articles of Incorporation or Organization, designate a registered agent, and obtain any necessary licenses or permits.
How Much Does It Cost to Register a Company in Kansas?
Establishing a company in Kansas entails varying costs based on the legal entity and associated filings. For an LLC, the Articles of Organization command a $165 filing fee, while a corporation’s Articles of Incorporation mandates a $90 filing fee. It’s important to note that further fees may be incurred for other filings or permits specific to your business operations.
Can a Foreigner Start a Business in Kansas?
In Kansas, foreign individuals are welcome to initiate a business if they fulfill the required legal criteria. Foreign entrepreneurs must acquire the proper visas or work authorizations and register their businesses with the corresponding state and federal authorities.
Do I Need to Register My Online Business in Kansas?
When operating an online business in Kansas, the requirement to register your business with the state will depend on your business structure and the extent of your online activities. Sole proprietorships and partnerships may not be required to register, while corporations and Limited Liability Companies (LLCs) generally must.
Furthermore, acquiring specific permits and licenses, such as a sales tax registration from the Kansas Department of Revenue, may be necessary.
To determine the specific requirements for your online business in Kansas, it’s essential to consult with a qualified attorney or accountant. They can guide navigating the intricate rules and regulations governing businesses in the state, ensuring that you remain compliant with all applicable laws and regulations.
Bottom Line on How to Register Your Business in Kansas
Registering your business in Kansas is essential to comply with state laws and regulations. Though it might seem complex, carefully following the required steps will help you build a solid foundation for your business.
Start by selecting a business name and legal structure that aligns with Kansas Secretary of State guidelines. Then, complete the necessary paperwork and secure any industry-specific licenses, permits, or location-based requirements. Using a trusted service like Northwest Registered Agent can simplify this process and ensure you meet all obligations.
Properly registering your business in Kansas protects you from potential legal and financial risks, while setting the stage for long-term growth and success.
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About the author
Dr. Gabriel O'Neill, Esq., a distinguished legal scholar with a business law degree and a Doctor of Juridical Science, is a leading expert in business registration and diverse business departments. Renowned for his academic excellence and practical insights, Dr. O'Neill guides businesses through legal complexities, offering invaluable expertise in compliance, corporate governance, and registration processes.
As an accomplished author, his forthcoming book is anticipated to be a comprehensive guide for navigating the dynamic intersection of law and business, providing clarity and practical wisdom for entrepreneurs and legal professionals alike. With a commitment to legal excellence, Dr. Gabriel O'Neill, Esq., is a trusted authority dedicated to empowering businesses within the ever-evolving legal landscape.