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Kansas Resident Agent: LLC Options & Requirements

Kansas Resident AgentForming an LLC in Kansas is a big decision. Before filing the Articles of Organization, you will need to choose a resident agent (often referred to as a registered agent in other states). In this article, we’re going to walk through what the role of a resident agent is and what your options are as a business owner.

 

What is a Kansas Resident Agent & is it Necessary?

Yes, a resident agent is legally required. A resident agent is an individual or service that acts as a go-between with the LLC and the state of Kansas.

In short, the resident agent assumes statutory responsibilities. He or she must agree to receive and deliver any official communications such as tax or legal documents from the state of Kansas to the LLC. Furthermore, the resident agent must be consistently available to carry out this responsibility without interruption.

Here’s what the Kansas Business Center specifically says:

Kansas Business Center

 

What are the Requirements of a Resident Agent?

Aside from carrying out the statutory responsibilities defined above, a resident agent must meet the following requirements:

  • The agent must be an individual resident of the state of Kansas or a corporation authorized for business in
  • The agent must have a physical address in Kansas.
  • The agent must have a mailing address in Kansas.

For reference, here is a screenshot of what information is required on the Kansas Articles of Organization:

Kansas Articles of Organization

 

Who can be a Resident Agent in Kansas?

The Kansas resident agent can be either an individual or a professional service. Here are the pros and cons of each option.

Individual

As mentioned above, if using an individual as your resident agent, the individual must be a resident of Kansas.

This means that the individual cannot be in the process of establishing residency in another state, territory, or country or receiving benefits while claiming residency in another state, territory, or country.

Otherwise, the individual can be an attorney, accountant, or even a friend or family member. Simply add the person’s name and address to the Articles of Organization.

Pros

  • Convenience – Using someone you know saves the time of searching for a resident agent service. The individual is probably also someone that you trust.
  • Cost – The cost will likely be much lower than using a service, perhaps even free.

Cons

  • Inconvenience – The individual who acts as resident agent is required to be available without interruption. She/he may not put a hold on mail. This might make vacations a bit tricky.
  • Risk that documents are not delivered in timely manner – If using an attorney, for example, you may be risking that she/he is away from the office at the time of delivery. This leaves open the possibility that the document is put in other hands, possibly slowing the process. If using a friend or family member, you run the risk of having documents misplaced or even ignored. Personal and work lives often have many distractions. For example, if quarrelling with Aunt Louise over a late or missing tax document worries you, a resident agent service may be a better option.

 

Resident Agent Service

If a service is acting as resident agent, it must be a Kansas or foreign corporation, LLC, Limited Partnership or business trust. It can also be the entity itself with a Kansas address. Resident agent services provide this type of assistance. The service’s name and address must be included on the Articles of Organization.

Pros

  • Privacy – If documents regarding a sensitive issue such as a lawsuit are being delivered, the service provides a cushion of privacy between your business and the public. In addition, the address of the service, not your business (or family member or friend) is public record. This means that marketing materials or junk mail will be sent to the service, not to the LLC.
  • Reliability – The resident agent needs to be available during regular business hours – all business hours. Using a service might provide a measure of comfort knowing that important documents will not slip through the cracks (as long as you use a reputable service). After all, receiving and delivering important and time-sensitive documents is what the service is experienced doing.
  • Location – An LLC is not required to maintain a physical presence in the state of Kansas. The LLC may also do business in various states. Many services have you covered by providing that presence in multiple or even 50 states.

Cons

  • Cost – Using a service is going to cost you more than using an individual. Still, having the peace of mind that important documents are being handled by a professional service may be worth it.
  • Unfamiliarity – Using an individual usually means using someone you know and trust. With an unknown entity there is always a risk of unsatisfactory service. Of course, this is what reviews are for!

Finding a resident agent that is the right fit for your LLC may be one of many tasks when setting up your LLC, but one that is essential to running your business efficiently.

 

How to get a Free Resident Agent

The most cost effective way to get a free resident agent in Kansas is to use a professional LLC service that also offers a free resident agent service.

How it Works

Simply hire a service like IncFile and Northwest Registered Agent to form a Kansas LLC. As part of their package, they’ll include a free resident agent service and list their address on the Articles of Organization instead of yours.

All you pay for is the $160 Kansas state LLC formation fee + $49 or $79 service fee.

This will remove all registered agent responsibilities off your plate, take care of LLC formation paperwork and provide you with an online dashboard to keep track of things that come up in regard to your LLC in Kansas.

 

How to Change Your Kansas Resident Agent

If you need to change your current resident agent in Kansas, the 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.

 

Have Questions or Concerns?

If you’d like to talk to the state directly about your questions or concerns, it’s easy!

Visit Their Website

Visit the Kansas Business Center for more information. They have a great FAQ regarding resident agents in the state of Kansas.

Give Them a Call

If you’d prefer to call, reach out to their Topeka office at (783) 296-4564.