Whether we’re talking weather, vacations, or bags of potato chips, all good things must come to an end, and that includes resident agent duties. There are numerous reasons you might need to give up your Kansas resident agent role, but only one way to resign.
Resident agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Regardless of the consequences, resigning from a Kansas LLC is a fairly simple process.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Time Saving Hack: You can resign as resident agent, get all state paperwork taken care of and have a replacement agent when you hire an online registered agent service.
Notifying the Kansas LLC
The first step in resident agent resignation is informing your LLC. Kansas state law requires you to inform your LLC of your impending resignation at least 30 days before you official resign with the Secretary of State. This will allow the company ample time to change its resident agent and avoid potential fines or penalties. While you’re only required to send a written notice, it’s often good to speak more at length with your LLC about the transition to develop a smooth and efficient succession plan.
Submitting Your Resignation
After you’ve reached out to your company and waited the requisite 30 days, it’s time to make your resignation official and move on to your next project.
To get started, download the “Certificate of Resignation of Resident Agent,” which you can find on the Secretary of State’s Business Forms page. The form itself contains step-by-step instructions for its completion, but as a summary, here’s the information you’ll need:
- The LLC’s business entity ID number (find it using the Business Entity Search)
- The LLC name exactly as it appears on in the Secretary of State’s records
- Your name
By signing the document, you are confirming that you notified the LLC at least 30 days in advance.
Now you’re ready to send it off. Make sure to include payment for the filing fee, which is $35 for a single for-profit entity or $20 for a single not-for-profit entity. If you’re resigning from multiple entities, the fee is $150. Pay with a check made out to “Secretary of State,” or with a credit card (include your card info in the designated space on the document). Mail your form and payment to:
Kansas Secretary of State
Memorial Hall, 1st Floor
120 S.W. 10th Ave
Topeka, KS 66612-1594
If you want to use your trusty fax machine, feel free! You can also fax your form to 785-296-4570. Faxed documents require an additional $20 fee. You must include your contact
name, daytime phone number, credit card number, credit card expiration date, and billing zip code with your fax.
Don’t skip town right away because after your form is processed, you’ll stay on file as the LLC’s resident agent for 30 days, unless they appoint a replacement sooner.
Handing off Your Responsibilities
When you put down your resident agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in resident agent coverage can result in severe penalties. After you resign, your LLC has 60 days to change its resident agent and get your replacement on file. Otherwise, the company’s Articles of Organization will be canceled. Considering how severe the consequences can be, it’s important that you give your LLC advance notice so they have plenty of time to find a replacement.
Any replacement they find will need to meet Kansas’s resident agent requirements. They must:
- Be an individual resident of Kansas or a corporation authorized to do business in the state
- Have a physical Kansas address (P.O. boxes aren’t allowed)
- Have a mailing address in Kansas
- Be present during general business hours to receive mail and service of process
An LLC can have one of its individual members serve as resident agent, which makes finding a replacement easy. But sometimes it’s best to take those items off that member’s to-do list and give them to a professional agent.
We recommend using a resident agent service, which can take over resident agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Kansas LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Kansas or something completely different.