Get a Kansas LLC Resident Agent in Place
Every business entity formed in Kansas needs to formally appoint a person or business to act as a Registered Agent. In Kansas, Registered Agents are known as Resident Agents, and we'll use the words interchangeably here. Your Kansas Resident Agent provides various services to KS LLCs, including the acceptance of formal documents and correspondence from the Kansas Secretary of State.
Your LLC must have a Kansas Resident Agent at all times. You can appoint a Registered Agent when you first start your business. You can also replace your existing KS Resident Agent at a later date, provided there is a smooth transition between the old and new Registered Agent service.
Information on the Kansas Secretary of State and KS Resident Agent Services
Here's some important information from the Kansas Secretary of State on KS Resident Agent services.
“A resident agent is an individual or another entity that has the responsibility for accepting service of process (lawsuits) on behalf of a business entity. A resident agent can be an individual or other entities as provided in Kansas law. Limited Liability Companies (domestic and professional) are allowed to have the following entity types as their agent: a Kansas or foreign corporation, a Kansas or foreign limited liability company, a Kansas or foreign limited partnership, a Kansas or foreign business trust or the entity itself with a Kansas address.”
Kansas LLC Resident Agent Service Rules
There are certain rules that you must follow when you’re appointing a Kansas Registered Agent service for your business. They are:
- If the Registered Agent is a person, they must reside in Kansas.
- If the Registered Agent is a business, they must be able to conduct business in Kansas.
- The Registered Agent must have a physical street address in Kansas, not a P.O. Box.
- The Registered Agent must be available in person during normal business hours to sign for any correspondence.
Note that the Registered Agent address does not need to be the same as your Kansas LLC business address.
What to Expect from a Kansas Resident Agent Service
What can you expect from your Kansas Registered Agent? Their main function is to accept official documents and correspondence. This includes:
- Correspondence from the Kansas Secretary of State, like a notice to file reports and other forms
- Service of process documents (for example, if your Kansas LLC has legal proceedings issued against it)
- Official Kansas and federal government documents, form filings and requests for information (including taxes, permits and company filings)
A Complete Kansas Resident Agent Service from Incfile
If you have an LLC that’s incorporated in Kansas and you need a Registered Agent, we can help. Incfile provides a complete Registered Agent service for any Kansas business—plus, we’ll act as your Registered Agent free for your first year (normally a $119 annual cost).
We are authorized to conduct business in Kansas and can legally act as your Registered Agent. We also have an address in Kansas, which is required to operate as a Registered Agent. Here's what the Incfile Kansas Resident Agent service provides for your KS LLC. Here’s what the Incfile Kansas Registered Agent service provides for your LLC:
- An always-available Kansas Registered Agent who can receive correspondence, documents and legal proceedings on your LLC’s behalf
- A digital dashboard where you can access, store and retrieve any information we’ve received for your Kansas business
- Email notification whenever we receive documents for your business
- Automatic forwarding of all legal correspondence, documentation and information directly to you
Appointing a Registered Agent Service for Your Kansas LLC
You can appoint a Registered Agent when you first incorporate your Kansas LLC or at any point after that. Here’s how to go about it.
Assign Your Kansas Registered Agent When You Form Your LLC
Your business needs to have a Kansas Registered Agent Service as soon as it’s formed. You can achieve this through one of the following methods.
File Articles of Organization with the Kansas Secretary of State
You will need to include details of your Registered Agent in your Articles of Organization. This is the form that you file with the KS Secretary of State to formally create your business.
Incorporate Through Incfile and Get a Free Kansas Resident Agent
When you incorporate through us, we complete and file your Articles of Organization based on the information you've provided. Additionally, we give you a free Kansas Resident Agent Service for the first year, and we'll include details of your KS Resident Agent in the form that we file.
Incorporate Your Business Through Incfile for a free year of Kansas Resident Agent services.Incorporate Your Business Through Incfile
Assign a Different Kansas Resident Agent Service After Incorporation
You can also change your Registered Agent service after you’ve formed your LLC. There are a couple of ways to achieve this.
Choose a Registered Agent Service and File Form RGO 53, Change of Resident Agent Name and/or Registered Office Address by Resident Agent
Once you've chosen a new Kansas Resident Agent, you can complete form RGO 53, Change of Resident Agent Name and/or Registered Office Address by Resident Agent that's available on the KS Secretary of State website. Once you've filled it out, send it to the Secretary of State so they can update your records.
Sign up for Incfile's Kansas Resident Agent Service and We'll File the Change on Your Behalf
When you choose to use our KS Resident Agent service, we take care of all the form filling and filing for you. We'll collect important information about your business, complete form RGO 53, Change of Resident Agent Name and/or Registered Office Address by Resident Agent on your behalf and send it to the Kansas Secretary of State. We'll let you know once we officially become your Registered Agent. Note that the Kansas SOS may charge a nominal fee to assign or change a Registered Agent, which will be passed on to you.Order Incfile's Kansas Registered Agent Service
KS Resident Agent Search
In some situations, you might want to know the name of the Registered Agent that represents another Kansas LLC. If you do, you can search the business database of the Kansas Secretary of State, as these will often provide details of a specific business's Registered Agent.
If the KS Resident Agent isn't available from the searchable business registry, contact the Kansas Secretary of State requesting the information.
Possible Outcomes of Not Assigning a Registered Agent for Your Kansas LLC
What happens if you choose not to assign or provide details of a Registered Agent to the Kansas Secretary of State? There are several possible ramifications, including:
- Getting served or sued and not finding out about it: If your LLC is sued and you don’t know about it, you could lose to a default judgment in your absence.
- Falling out of good standing with the Kansas Secretary of State: If you don’t respond to certain correspondence (like the request for your annual report), certain states may revoke your right to do business.
- Losing your status as a Kansas LLC: A Registered Agent “proves” to the state that your business exists. Without it, you could lose your business entity protections and your LLC may be dissolved.
You Can Appoint Yourself as Your Own Kansas Registered Agent
If you have an address in Kansas, you can choose to be the Registered Agent for your LLC. We don’t recommend this approach as there can be some drawbacks:
- The Registered Agent must have a physical street address in Kansas. If you’re forming an LLC outside KS, you will need to use an in-state Registered Agent.
- You always need to have someone on hand during business hours at the Kansas address to sign for important documents.
- The Registered Agent’s name and address are part of the public record and available through the Kansas Secretary of State's website. If you prefer your name and address aren’t published, you should choose a Registered Agent service.
- If you change your Kansas business address or move out of state, you would need to file additional documentation with the KS Secretary of State for the new address if you act as your own Registered Agent. This would not be the case if you use a Registered Agent service, making a move or address change much simpler.
There are more considerations, but these should help with your decision to use a Kansas Resident Agent service.
FAQs About Kansas Registered Agents
Yes. All KS LLCs are required to have a Registered Agent. This is mandated by the Kansas Secretary of State.
You can either do it when you incorporate your Kansas business through paperwork filed with the KS Secretary of State or afterward by filing the correct form. If you form your business through Incfile, we will file all necessary forms on your behalf.
Yes, but we don’t recommend it for the reasons listed above. If you still want to be your own Registered Agent, you need to fill in the correct forms and pay a fee to the Kansas Secretary of State.
Yes. Additionally, if they are a business providing Registered Agent services, they must be legally able to conduct business in your state.
Useful Resources for Kansas Registered Agent Services
You might find these resources helpful: