How to Change Resident Agent in Kansas
You formed your Kansas LLC. You did the paperwork. You started operating your business. And now, for one reason or another, you need to change your resident agent. No worries, we’ve got you covered.
There are a number of reasons you might need to change your Kansas LLC’s resident agent. Maybe your designated agent moved out of state, left the company, or no longer wants the responsibility. Maybe you had assigned the job to yourself, and you no longer want your address on public record. Maybe (hopefully) your business has expanded so much that you no longer have time to handle the resident agent responsibilities.
Whatever your reason may be, changing a resident agent in Kansas might seem like a daunting task, with a mountain of paperwork and legal proceedings involved. However it’s actually quite simple, and this guide will help make the process quick and painless.
A quick note to avoid confusion: The Kansas Secretary of State websites, documents, and legislature use the terms “resident agent” and “resident agent” interchangeably. These titles are synonymous and have the same responsibilities. For the purposes of this guide, we’ll use “resident agent.”
What the State of Kansas Says about Changing a Resident Agent
The state of Kansas has certain requirements for changing your LLC’s resident agent. To establish a new resident agent, you will need to file a Form RLL 53-06: Change of resident Office or Agent by an LLC, available in paper or online. Filing this form will automatically update your Articles of Organization on file with the Secretary of State. If your resident agent resigns, you have 60 days to appoint a new one, or the state will invalidate your Articles of Organization.
The Kansas S.O.S. website doesn’t provide much explicit guidance on resident agent changes, but the state LLC Act, Sec. 17-7666 sheds a little light on the subject.
Who can be a Kansas Resident Agent
You can’t pick just anyone to be a resident agent for your LLC. The state of Kansas puts certain restrictions on who can serve as one. If you’re choosing or changing your resident agent, keep these requirements in mind. The resident agent in Kansas must:
- Be an individual Kansas resident or a business entity located in Kansas
- Have a Kansas street address (P.O. boxes are not allowed)
* If your resident agent is a foreign business entity, it must be authorized to transact business in Kansas
How to Change Your Kansas Resident Agent
In order to change your resident agent in Kansas, your first and only step will be filing a Change of resident Office or Agent by an LLC either online, by mail, or in person.
Sometimes speed is the name of the game, and filing online is the fastest way to go about it. You can tackle the entire process on the Kansas Business Center. Sign in using your LLC name and/or Entity I.D. Number and follow the site’s instructions. At the end of the online form, you’ll need to pay a $30 fee by card.
But if you prefer to do business by mail, it’s also an option. Download you Form RLL 53-06 and complete it with the name and address of your new resident agent. When you’re finished, mail it or hand deliver it, along with a $35 fee, to:
Kansas Office of the Secretary of State
Memorial Hall, 1st Floor
120 S.W. 10th Ave
Topeka, Kansas 66612-1594
Your $35 fee is payable by check or money order, made out to “Kansas Secretary of State’s Office.”
The Secretary of State also allows faxed documents to (785) 296-4570, although there is an additional $20 fee for faxed forms.
While some states allow you to change your resident agent on your annual report or Articles of Organization, in Kansas you must use this form. The Secretary of State will automatically update your other files with the new information.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? You’re good to go. Online filings are processed immediately, and mailed ones are processed within 2-3 business days. Either way, you’ll see your new resident agent on file soon.
Consider a Resident Agent Service
Think of your resident agent as a mediator between you and the state of Kansas, the person or business entity that handles some of your most important paperwork.
In case you thought the resident agent was just a formality, look at the documents they handle:
- service of process notices
- tax information
- and other Secretary of State correspondence.
A lot of important stuff. Which is why a reliable resident agent is essential to every Kansas business owner.
By handling high-priority and sensitive documents on your behalf, your resident agent takes care of your communications with the state, so you can spend more time building your business.
Plus, if you operate a Kansas small business from out of state, a trustworthy resident agent is especially important, as the state requires a local contact for your LLC. Having this contact ensures your company will receive and respond to time-sensitive documents, so you won’t miss filings and get hit with penalties.
If you’re unsure where to find a good Kansas resident agent, consider using a resident agent service. These companies provide you with a reliable, professional resident agent so you can have peace of mind knowing you won’t ever miss a filing, tax deadline, or state correspondence.
Sure, you can jump online, search “resident agent service,” and get a ton of results. But the truth is that not all of these services are trustworthy. So, we’ve done some research for you. If you want to know you’re getting a top-quality resident agent, take a look at our comparison guide on the top five resident agent services.