Form a Domestic Limited Liability Company in Kansas – Kansas Limited Liability Company Articles of Organization (Form 51-09)

The Kansas Limited Liability Company Articles of Organization (Form 51-09) must be submitted for approval to the Kansas Secretary of State whenever an entity wishes to legally operate as a Limited Liability Company. This paperwork will ask for some basic information such as the Identity of the Kansas Resident Agent and the Closing Tax Month of the forming Limited Liability Company. While the process of forming and registering a domestic Limited Liability Company is straightforward, it is always recommended to consult with an attorney or C.P.A. experienced in the process and licensed to operate in the State of Kansas.

The Kansas Limited Liability Company Articles of Organization (Form 51-09) may be filed online at https://www.kansas.gov/user/login?service=https%3A%2F%2Fwww.kansas.gov%2Fbusinesscenter%2Fj_spring_cas_security_check or may be mailed in for approval. The Filing Fee when mailing in this form will be $165.00 and payable with a check made out to “Secretary of State.” If you are filing online, you will need to attain an account and will need to pay the Filing Fee by credit card. No expediting service is available for this filing, however it generally takes two to five business days for the review process to be complete once the Kansas Secretary of State receives the submission. This will, of course, depend on the work load present in the Kansas Secretary of State’s Office at the time.

How To File Online

Step 1 – Go to https://www.kansas.gov/user/login?service=https%3A%2F%2Fwww.kansas.gov%2Fbusinesscenter%2Fj_spring_cas_security_check then enter your Email Address and Password in the fields provided. When you are ready select the button labeled “Sign In.”

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Step 2 – On the left select the link labeled “Business Entity Formation” to begin the process of filing the Kansas Limited Liability Company Articles of Organization online.

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Step 3 – From the column on the left, select the radio button labeled “Kansas Limited Liability Company $160.00.” Then, select the button labeled “Continue” below this column.

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Step 4 –Enter the Full Name of the Limited Liability Company you wish to form in the text box under the heading “Name not reserved?” Then, select the button labeled “Continue.” If you have reserved a Name online, then you may choose the Name you have reserved from the drop down list labeled auto populated with the words “Choose Name” then select the button to the right of it labeled “Continue.” If you Reserved a Name by paper, locate the section “Name reserved on paper?” to enter the Reservation ID Number you received in the first text field and your Legal Signature in the second text. Select the “Continue” button in this section. For our purposes, enter the Full Name you chose for the Limited Liability Company being formed in the “Name not reserved?” section.

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Step 5 – If the Name you are searching for has not been found in the entity records data base maintained by the Kansas Secretary of State, then it is likely available and may be used for this form. This screen will let you know if you may proceed or search again. When you are ready to proceed, select the button labeled “Continue.”

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Step 6 – Next you must define the type of Kansas Resident Agent chosen to receive Service of Process on behalf of the forming Limited Liability Company. You may select a Registered Business Entity, an Individual in Kansas, or the Business Entity You are Currently Forming from the drop down list provided. If you choose “Registered business entity” or “An individual in Kansas,” you will need be prompted to enter the Name of the Kansas Resident Agent. For our purposes, select “The business entity you are currently forming.”

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Step 7 – This page will allow you to view the party you have entered for the Resident Agent of the forming Limited Liability Company and give an opportunity to change the Name. If you wish to change the name then select the button labeled “Change Resident Agent.” If the displayed Kansas Resident Agent Name is correct then select the button labeled “Continue.”

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Step 9 – Next you must report the exact physical location of the Kansas Registered Office where the Resident Agent may be physically found on this screen. This Address may not contain a P.O. Box however if it is Rural Route or on a Highway, select the button labeled “Rural Route or Highway Access.” This will give you the appropriate fields to enter a Rural Route or Highway Access Address. Otherwise, use field labeled “Street Number” to enter the Building Number and the field labeled “Street Name” to define the Street where the Kansas Resident Agent is physically located. Then in the drop down list labeled “Street Direction” choose the direction the flow of traffic on that street travels from the drop down list (i.e. “N” for North, “NW” for Northwest, etc.).  In the “Street Suffix” field, enter the kind of Street or Road it is (i.e. Avenue, Street, Way, Alley, Road, etc.). If there is a Suite Number or Unit Number (such as in a building) then report this in the field directly below “Street Suffix.” Finally, use the “City” and “Zip Code” fields to report the City and Zip Code where the Kansas Resident Agent’s Registered Office is located. When you are ready, select “Continue.”

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Step 10 – Next, you may elect to have Official Mail sent by the Kansas Secretary of State to the forming Limited Liability Company via the Registered Office Address you just entered by selecting the first radio button or you may enter a specific Address for this purpose by selecting the second radio button. For our purposes, select the second radio button to enter a new Address where the Limited Liability Company will receive Official Mail from the Kansas Secretary of State.

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Step 11 – This page will accept an Address the Kansas Secretary of State will send the forming Limited Liability Company Official Mail. Enter the Full Name of the party that should be addressed in the field labeled “Contact Name.” Then enter the Mailing Address using the fields labeled “Address,” “City,” State/Province” drop down list, “Zip Code,” and “Country” (drop down list). When you are ready, select the button labeled “Continue.”

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Step 12 – Now you will need to define at least one Organizer. Select either “An Individual” or “A Business” (from the drop down list provided) to define the type of entity that is organizing these Articles of Organization. When ready, select the button labeled “Continue.”

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Step 13 – On this screen, enter the Full Name of the Organizer of this Limited Liability Company in the text field. You may Add as many as you wish by selecting the “Add Additional” button. When you have added all the Organizers, select the button labeled “Continue.”

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Step 14 – This page will allow you to view all the Organizers you are reporting. You may either edit or delete the entries in the table with the “Edit” and “Delete” link at the end of the row, add an additional party by selecting the “Add Additional”button, or you may select the “Continue” button to proceed.

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Step 15 – This page will act as a pre-curser to the review screen. When you are ready, select the button labeled “Show Preview.”

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Step 16 – This page will display the information you have entered in each section. If any of these sections needs to be edited then you may click on the actual information being displayed. This will be a link back to that section where you may edit the information then select “Continue” to return to this page. Do not use your browsers back or forward button at any time. When you are done reviewing all the information and can verify it is correct then select the button labeled “Continue.”

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Step 17 – This page will provide the binding effect necessary between the Organizers and the Kansas Secretary of State to register the Limited Liability Company. If you wish to list entities who will receive notifications regarding the Limited Liability Company’s Status, you may enter such an Email Address in the field labeled “Email Address.” You may add up to four Email Addresses for this purpose by entering an Email Address then, selecting the button labeled “Add Additional Email.” Next, beneath the acknowledgment statement, each Organizer entered earlier will have his or her Name displayed with a text box above it. Each Organizer displayed must type his or her Name in the field above his or her Name. Once this is done, select the button labeled “I Agree.” Once all listed Organizers have entered their Names and selected the “I Agree” button, the browser will go to a payment area where you may pay the $160.00 Filing Fee by entering credit card information.

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Step 18 – Limited Liability Companies in Kansas Secretary of State will need to file an Annual Report every April 15th. More information regarding this requirement may be found here: https://www.kansas.gov/annual-reports/index.do. If you prefer to file by mail, you may do so by downloading, filling out then mailing in this document: Form LC 50.

 

How To Form

Download Form

Step 1 – Select the link labeled “Download Form” to obtain a blank PDF of the Kansas Limited Liability Company Articles of Organization (Form 51-09). You may use a PDF program to enter the required information on-screen. If you do not have such a program it is generally recommended to print this form then use a typewriter.

Step 2 – In Article 1, enter the Full Name of the Limited Liability Company being formed by this document in the space provided.

Step 3 – In Article 2, “Name of the Resident agent and address of registered office in Kansas,” you will need to Identify the Kansas Resident Agent that has consented to receiving Service of Process on behalf of the Limited Liability Company. Enter the Full Name of the Kansas Resident Agent on the blank line labeled “Name.”

Step 4 – In the Article 2 box labeled “Street Address,” you must report the Address of the Kansas Registered Office’s Physical Location on the blank line provided. Then on the next line in the boxes labeled “City” and “Zip,” continue reporting the Resident Agent’s Registered Office Address.

Step 5 – In Article 3, “Mailing Address,” report the Limited Liability Company Address the Kansas Secretary of State may use to send official mail to the forming entity using the spaces provided. In the box labeled “Attention Name,” enter the Full Name of the Contact who shall receieve correspondence sent from the Kansas Secretary of State to the forming Limited Liability Company. Then, in the box labeled “Address,” enter the Building Number, Street, and Unit Number of the Limited Liability Company Address the Kansas Secretary of State may use. Then use the “City,” “State,” “Zip,” and “Country” boxes to report the remainder of the Address the Kansas Secretary of State will send mail to.

Step 6 – In Article 4, report the Closing Tax Month for the Limited Liability Company being formed in the box provided.

Step 7 – In Article 5, you may choose to have the Kansas Limited Liability Company Articles of Organization go into Effect once they have been successfully filed by placing a mark in the first check box. If you would like the Effective Date to be in the future, you may check the second check box and enter the Date this document goes into effect using the boxes labeled “Month,” “Day,” and “Year.”

Step 8 – In Article 6, the Organizer of this Limited Liability Company must Sign his or her Name on the blank line provided. Next to this the Signature Party must use the Month/Day/Year boxes to report the Date he or she has provided a Signature.

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Step 9 – When the Kansas Limited Liability Company Articles of Organization has been successfully filled out, you may submit it to the Kansas Secretary of State. This must be accompanied by a check or money order made out “Secretary of State” for the Filing Fee amount. The Filing Fee is $165.00

Mail To:

Kansas Secretary of State
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612-1594

Step 10 – An Annual Report every April 15th by Limited Liability Companies in this state. For more information and to file online go to: https://www.kansas.gov/annual-reports/index.do or you may download Form LC 50 to file by mail.