Kansas Foreign LLC Registration

If you have an LLC based outside of the state of Kansas and you want to operate in Kansas, you will need to register your limited liability company as a foreign Kansas LLC. Once your paperwork is filed, the State returns a filed Certificate of Authority from the Corporations Division of the Kansas Secretary of State.

Read our simple guide to learn how to register as a foreign LLC in Kansas. Or hire us to register your foreign LLC for $149 + state fees.

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Out-of-State LLC Registration Service

When you sign up for out-of-state LLC registration service with Kansas Registered Agent LLC, our local Wichita agents will immediately get to work filing your foreign LLC registration with the Secretary of State. You’ll also get a full year of registered agent service and instant free access to our entire forms library: every state form you’ll need to do business in Kansas or anywhere else in the US, along with step-by-step filing instructions.

OR if you want to file the registration paperwork on your own but need a Kansas registered agent, you can order standalone registered agent service for $49/year.

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What Happens if I Do Business in Kansas Without Registering?

You’ll be on the hook for any taxes, state filing fees, or late penalties the LLC owes from its time doing business in Kansas. You also won’t be able to bring any legal claims to Kansas courts until you register.

What does Kansas consider “doing business”?

Kansas law doesn’t explicitly say what activities constitute doing business in their state. (KS Stat § 17-7932 (2021) only lists activities that aren’t considered doing business.)

That being said, you’d most likely be considered to be doing business in Kansas if you do either of the following in that state:

• Rent or own an office, warehouse, storefront, or other physical property.
• Pay employees who live and work there.

If you’re not sure whether your business activities qualify, it’s a good idea to consult an attorney.

How to Register a Foreign LLC in Kansas

To register as a foreign LLC, you need to file a document called the Application for Registration of Foreign Covered Entity and pay the $165 state filing fee ($185 by fax). You’re also required to have a Kansas registered agent. We’ll walk you through it:

1. Check if your LLC name is available in Kansas

First, find out whether any other registered business in Kansas is using your business name. You can look up your name using the Kansas Secretary of State Business Search. If another business is using the name, you need to submit one of the following documents with your Application for Registration:

a) Letter of consent from the business, giving you permission to use their name.
OR
b) Letter of advertising, stating that your LLC will identify as a business from its home state (not Kansas) at all times, including in advertising.

2. Appoint a Kansas registered agent

Before you can foreign register in Kansas, you need a Kansas registered agent (also called a resident agent). This can be a person or a registered agent service, but they need to be located in Kansas. For that reason, foreign LLCs typically hire a professional service (like ours!). Your registered agent must:

• Be present at their registered office, which must be a physical address in Kansas, during regular business hours.
• Accept legal mail in person and forward it promptly to your business.

Our registered agent service is just $49/year and gives you access to our entire state forms library, free biennial report reminders, and more.

3. Obtain a Certificate of Good Standing

Next, you need a Certificate of Good Standing from your home state, issued within the past 90 days. Some states have a different name for this certificate, such as Certificate of Existence or Certificate of Status, but every state has one. This certificate proves your LLC is still active in your home state.

You’ll get this document through the same agency that originally formed your LLC (usually the Secretary of State). The process varies by state, but in most states you can request the certificate via your Secretary of State website, pay a small fee, and receive it within a couple days.

4. File the Kansas Application for Registration of Foreign Covered Entity

Once you’ve completed the steps above, you’re ready to file your Application for Registration. Here’s what you need to fill out:

• Cover page. Contact information, plus credit/debit card number if not paying by check.
• LLC name. Must exactly match the Certificate of Good Standing.
• State/jurisdiction of LLC formation.
• Resident agent. Also called a registered agent.
• Registered office. Must be an actual street address in Kansas, not a P.O. box.
• Date LLC began doing business in Kansas. Leave blank unless you have already begun doing business in Kansas.
• Last month of fiscal year. If your LLC’s fiscal year is the same as the calendar year, put December.
• Nature of business to be conducted in Kansas. Briefly describe the type of business you’ll be doing.
• For series LLCs only: Whether or not each series of the LLC will have separate liability.
• Signature of authorized person. Doesn’t have to be a member of your LLC.

5. Submit Your Application

You can submit the application by mail, fax, or in person. It can’t be submitted online. Along with your application, include your Certificate of Good Standing, a letter of consent or letter of advertising (if needed), and a check made out to the Kansas Secretary of State (unless paying by credit/debit card). The fee is $165 by mail or in person, $185 by fax.

Here’s where to send your application:

Mail or in person:
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612-1594

Fax: 785-296-4570

6. Receive Certificate of Authority

Once the Secretary of State’s office has approved your application, they’ll send you a Certificate of Authority, showing that you are registered to do business in Kansas. This will take about 2-3 business days (plus shipping time) if you filed by mail. Faxed filings are processed in one business day. In-person applications are processed while you wait.

Kansas Foreign LLC Registration FAQs

What is a series LLC?

In a series LLC, there are one or more separate series underneath the main LLC (called the “umbrella” or “parent” LLC). Each series can have separate liability and separate assets, so if one series is sued or defaults on a debt, only the assets of that series are at risk. Over a dozen US states currently allow series LLCs, including Kansas. However, you can only turn your LLC into a series LLC if your home state recognizes series LLCs.

What is the difference between an LLC and a foreign LLC?

The term “foreign LLC” simply means an LLC that does business in a jurisdiction other than the one where it was formed (not necessarily an LLC from a foreign country). An LLC that was organized in Iowa would be a foreign LLC in Kansas, for example.

How much does it cost to register a foreign LLC in Kansas?

The state fee to register a foreign LLC in Kansas is $165 by mail or in person, $185 by fax.

Do foreign LLCs need to file biennial reports in Kansas?

Yes. Foreign LLCs that do business in Kansas need to file the biennial Kansas Information Report with the Secretary of State. The Information Report is due by April 15th every odd-numbered year. So if you register your LLC in 2024, you’ll need to file your first Information Report by April 15, 2025.

You can file your Information Report online through your Secretary of State account ($100) or by submitting the paper form ($110).

Does a foreign LLC pay taxes in both states?

Yes. Foreign LLCs need to pay taxes in the state/jurisdiction where they were formed and in any other states where they do business. You can register for business taxes in Kansas through the Kansas Department of Revenue.