Your Kansas Resident Agent provides various services, including the acceptance of formal documents and continued correspondence with the Kansas Secretary of State.

Your LLC must have a Resident Agent at all times. You’ll appoint one when you first formally register and form your business. You can also replace your existing Kansas Resident Agent at a later date, provided there is a smooth transition between the old and new agents.

 

Kansas Resident Agent Requirements

  • Every LLC, both foreign and domestic, must have a Resident Agent with a registered office within the State of Kansas at all times
  • The Resident Agent can be a domestic or foreign (licensed to transact business in the state) artificial legal entity (Corporation, LLC, LP or LLP) or a natural person.
  • The Registered Office must be in the state of Kansas and located at a street address (a P.O. Box only is not acceptable)
  • If the Resident Agent is a person, they must live in Kansas.
  • If the Resident Agent is a company, they must be authorized to conduct business in Kansas.
  • The Resident Agent must be available in person to sign for any correspondence during normal business hours.

Note that the address for your Kansas Resident Agent does not need to be the same as your Kansas LLC business address.

What a Kansas Resident Agent Does

A Resident Agent’s main function in Kansas is to accept official documentation and communications.

This includes:

  • Correspondence from the Kansas Secretary of State (SOS)
  • Service of process notices (e.g., if your LLC is sued or required to appear in court)
  • Tax forms and requests to complete permits, company filings and reports
  • Official state and federal government correspondence and notices

Having a Resident Agent also provides proof to the state that your business exists.

Incfile Provides Free Kansas Resident Agent Service for the First Year

Incfile provides complete Kansas Resident Agent service for any LLC that’s formed in the state. Even better, if you’ve formed your business through Incfile, your Resident Agent is completely free for the first year and only $119 a year after that.

Incfile is authorized to conduct business in Kansas and can legally act as your Resident Agent. Here’s what our Resident Agent service provides:

Email notification whenever we receive documents for your business

An always-available Kansas Resident Agent who can receive correspondence, documents and legal proceedings on your LLC’s behalf

Automatic forwarding of all legal correspondence, documentation and information directly to you

A digital dashboard where you can access, store and retrieve any information we’ve received for your business

 

Appointing a Resident Agent Service for Your LLC

When you first register and form your LLC, you must appoint a Resident Agent. You can change it at any point after that. Here’s how to go about it.

Assign a Resident Agent When You Form Your LLC

Your business needs to have a Resident Agent as soon as it’s formed. You can do this two ways:

1
File Articles of Organization with the Kansas Secretary of State

When you formally create your business, you’re required to include details of your Resident Agent in your Articles of Organization.

2
Get a Free Resident Agent When You Form Your LLC with Incfile

Establish your business through us, and you’ll get a free year of our Resident Agent Service. We’ll also complete and file your Articles of Organization for you with the information that you provide.

Assign a Different Resident Agent After Formation

After you’ve formed your LLC, you can still assign someone else to be your Kansas Resident Agent. There are a couple of ways to achieve this.

1
Choose a new Resident Agent Service and let the Kansas Secretary of State (SOS) know

Once you’ve chosen a new Resident Agent, file a Resident Agent Amendment with the Kansas Secretary of State. The KS Secretary of State provides this service for a fee of $30, $35 if you file by mail or in person.

2
We’ll file the change on your behalf when you sign up for Incfile’s Resident Agent service

When you use our Resident Agent service, we take care of all the form filling and filing for you. We’ll collect important information about your business, complete the form on your behalf and file it with the Kansas Secretary of State. We’ll let you know when we officially become your Resident Agent.

Kansas Resident Agent Search

In certain situations, it may be useful to know the name of the Resident Agent that represents another LLC in Kansas. You can search a resident agent database provided by the Kansas SOS to discover this information.

If you can’t find the Resident Agent information there, you can request it from the Secretary of State.

What Happens If You Don’t Have a Resident Agent?

If you don’t assign or provide details of a Resident Agent to the Kansas Secretary of State there are several possible ramifications, including:

  • Getting sued or served and not knowing about it. You could lose to a default judgment in your absence if your LLC is sued and you don’t respond.
  • Losing your status as an LLC in Kansas. A Resident Agent is evidence to the state that your business exists. Without it, you could lose your business entity protections and your LLC may be dissolved.
  • Falling out of good standing with the Kansas SOS. The state may revoke your right to do business if you don’t respond to certain correspondence (such as a request for your annual report).
 

Acting as Your Own Registered Agent

You can choose to be the Resident Agent for your LLC if you have a physical address in Kansas, although there may be some drawbacks to this approach:

  • Someone must always be available during business hours at the Kansas address to receive and sign for important documents and correspondence.
  • The Resident Agent’s name and address are part of the public record and available through the Kansas Secretary of State's database. You should use a Resident Agent service if you prefer that these personal details remain private.
  • The Resident Agent must have a physical street address in Kansas. If you’re forming an LLC outside the state, you’ll need to use an in-state Resident Agent.
  • If you change your business address or move out of state, you need to file additional documentation with the KS Secretary of State for the new address. This isn’t necessary if you use a Resident Agent service, making a move or address change much more smooth.

Other Useful Resources

FAQs About Kansas Resident Agents

Do I Need to Appoint a Kansas Resident Agent?

Yes. Most business entities (including LLCs) in the state are required to have a Resident Agent. This is mandated by the Kansas Secretary of State (SOS). Find more information above.

When Should I Assign a Resident Agent?

You must assign a Resident Agent when you first register and formally form your Kansas business with the SOS. You can change your agent afterward by filing the correct form. If you form your business through Incfile, we’ll file all the necessary forms on your behalf. You'll find more information above.

Can I Be My Own Resident Agent?

Yes, but we don’t recommend it for the reasons listed above.

Does the Resident Agent for my Kansas-Based LLC Need to have an Address in Kansas?

Yes. And if you use a company as your Resident Agent, that company must be legally able to conduct business in your state. You'll find more information above.

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