Kansas Foreign Corporation Registration
If you are a corporation headquartered in another state and want to do business in Kansas, you will need a Certificate of Authority from the State of Kansas. You can get one by filing as a foreign corporation with the Kansas Secretary of State. A Kansas foreign corporation shouldn’t be confused with an out-of-country corporation. Any corporation not actually formed (created) in Kansas is considered a foreign corporation.
Check out our guide below on how to register a foreign corporation in Kansas. Or hire us to file your foreign registration for $149 + state fees.
START DOING BUSINESS IN KANSAS
Out-of-State Registration Service
We’re a team of Wichita-based business experts with years of experience registering and maintaining businesses in Kansas. Our foreign corporation registration service comes with a full year of Kansas registered agent service, along with same-day scans of all legal mail and a secure online account for receiving and managing your business documents.
After the first year, your registered agent service renews for just $49 annually, and that price never goes up. Unlike our competitors, we don’t believe in luring customers with a low price and then raising our rates the next year.
Prefer to file your foreign registration yourself? You can also hire us for standalone Kansas registered agent service for $49/year.
GET REGISTERED AGENT SERVICE
What Happens if I Do Business in Kansas Without Registering?
In order to stay compliant with Kansas law, you must register as a foreign entity with the Secretary of State if you want to do business in Kansas. If you don’t and you get caught, you’ll be required to pay all state fees, taxes, and late fines you owe from your time doing business in Kansas. Additionally, you won’t be able to bring any legal actions to Kansas courts until you’ve registered your corporation with the state.
What is considered “doing business” in Kansas?
Kansas law makes it clear that foreign corporations that do business in Kansas need to register with the state, but it doesn’t explicitly say what activities count as “doing business.” (However, KS Stat § 17-7932 (2021) lists activities that don’t constitute doing business.)
Even so, you most likely need to register as a foreign corporation if you do either of the following in Kansas:
- Rent or own an office, warehouse, storefront, or other physical property.
- Have employees who live and work in the state.
If you’re not sure whether your business activities qualify, we encourage you to consult an attorney.
How to Register a KS Foreign Corporation
To register your foreign corporation you Kansas, you must file an Application for Registration of Foreign Covered Entity with the Kansas Secretary of State, which costs $115 ($135 by fax). First, you need to appoint a Kansas registered agent. We’ll take you through it step by step.
1. Check if your name is available in Kansas
First, check to see if any business in Kansas is already using your company name. You can find out by using the Kansas Secretary of State Business Search. If someone else is using the same name, you need to attach one of the following documents to your application:
a) Letter of consent from the business, giving you permission to use their name.
OR
b) Letter of advertising, stating that your corporation will identify as a business from its home state (not Kansas) at all times, including in advertising.
2. Appoint a Kansas registered agent
Next, you need to designate a Kansas registered agent (also called a resident agent). This can either be an individual who lives in Kansas or a business with a Kansas office, but they must be able to fulfill these responsibilities:
- Have their name and registered office (must be an actual street address in Kansas) on the public record.
- Be physically present at their registered office during regular business hours.
- Accept legal mail in person and forward it promptly to your corporation.
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
You’ll need to include a certificate from your home jurisdiction with your application, proving that your corporation is in good standing in that state. This certificate is called slightly different things in different states, including Certificate of Good Standing, Certificate of Existence, and Certificate of Status.
You can order your certificate from the state agency that you filed with to incorporate your business (usually the Secretary of State). The certificate must have been issued within the last 90 days. In most states, you can order the certificate through the Secretary of State website, and you may need to pay a small filing fee.
4. File the Application for Foreign Covered Entity
Once you have all your supporting documents and have appointed a Kansas registered agent, you’re ready to complete the Application for Registration. Here’s what you need to include:
- Cover page. Contact information, plus credit/debit card number if not paying by check.
- Company name. Must exactly match the Certificate of Good Standing.
- State/jurisdiction of incorporation.
- Resident agent. Also called a registered agent.
- Registered office. Where your resident agent will be present to accept service of process. Must be an actual street address in Kansas, not a P.O. box.
- Date the corporation began doing business in Kansas. Leave blank unless you have already begun doing business in Kansas.
- Last month of fiscal year. If your company’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.
- Signature of authorized person.
5. Submit Your Application
The application can be submitted by mail, fax, or in person. There’s no option to file online. Along with your application, include the Certificate of Good Standing (issued in the last 90 days) from your home state, a letter of consent or letter of advertising (if needed), and a check for $115 (unless paying by credit/debit card). If filing by fax, there is an extra $20 fee. 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 number: 785-296-4570
6. Receive Certificate of Authority
The Secretary of State’s office will send you a Certificate of Authority once your application has been approved. The state’s processing time depends on how you submitted your application. By mail, the processing time is about 2-3 business days (plus additional time for mailing). Faxed filings are processed in one day, and in-person filings are processed while you wait.
Kansas Foreign Corporation FAQs
What is the difference between a corporation and a foreign corporation?
In this context, the term “foreign corporation” simply means a corporation from another state or jurisdiction, not necessarily another country. For example, a corporation that was formed in Indiana would be a foreign corporation in Kansas.
How much does it cost to register a foreign corporation in Kansas?
The cost to register a foreign corporation in Kansas is $115 by mail or in person, $135 by fax.
Do foreign corporations need to file biennial reports in Kansas?
Yes. Foreign corporations that do business in Kansas need to file the biennial Kansas Information Report with the Secretary of State. The due date is April 15th every odd-numbered year. So a corporation registered in 2024 needs to file their first Information Report by April 15, 2025.
You can submit your Information Report online through your Secretary of State account ($100) or by submitting the paper form ($110).