Form a Foreign Limited Liability Company in Kansas – Kansas Foreign Limited Liability Company Application (Form 51-10)

The Kansas Foreign Limited Liability Company Application (Form 51-10) will need to be submitted to the Kansas Secretary of State for approval so that a foreign Limited Liability Company may gain the authority to operate in the State of Kansas. This will need to be accompanied by a Certificate of Good Standing or a Certificate of Existence that has been issued by the Secretary of State in the foreign Limited Liability Company’s home state’s jurisdiction or a comparable governing entity. The Certificate of Existence or Good Standing must be an original document and must bear a Date within ninety days of the Date the Kansas Secretary of State successfully receives this paperwork.

The Filing Fee for the Kansas Foreign Limited Liability Company Application (Form 51-10) is $165.00 and is payable with a check made out to “Secretary of State.” This document may only be filed by mail.

How To File

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Step 1 – Select the form “Download Form” to obtain a blank copy of the Kansas Foreign Limited Liability Company Application or click here: Form FL 51-10. Use a PDF program or PDF form friendly browser to enter the information on-screen. If this is not possible you may print the form then fill it in manually. In such a case it is strongly recommended to use a typewriter.

Step 2 – The first page will be a check list regarding this filing. Locate the second page, then in the first item report the Full Name of the foreign Limited Liability Company applying for the Certificate of Authority. This must be the Name of the foreign Limited Liability Company as it appears on the books in its home state and precisely as it is recorded in the Certificate of Good Standing. If this Name is not compliant with K.S.A. 17-76, 123 and may not be used then, a letter from the foreign Limited Liability Company stating that it will use its Name with its home state in the State of Kansas must be included (i.e. XYZ Arizona LLC).

Step 3 – In Item 2, document the State or the Country where the foreign Limited Liability Company was formed and currently operates in the box provided.

Step 4 – In Item 3, you must provide the Date when the foreign Limited Liability Company first formed in the eyes of its state government. That is, when its Articles of Organization (or similar document) was filed and approved by the governing authority of its home jurisdiction. Use the three boxes (Month/Day/Year) to report this.

Step 5 – Item 4 will also require a Date. Here, you must define when the foreign Limited Liability Company first intends to do business in the State of Kansas or if it already has. If the foreign Limited Liability Company intends to do business when this application has been approved by the Kansas Secretary of State, then mark the check box labeled “Upon qualification.” If it has started to do business then mark the box labeled “Date” and enter the Date business was first conducted in Kansas using the boxes labeled “Month,” “Day,” and “Year.”

Step 6 – In Item 5, report the Full Name of the Kansas Resident Agent obtained by the foreign Limited Liability Company to receive Service of Process on its behalf in this state in the box labeled “Name.” Then in the box labeled “Street Address,” enter Building Number, Street, and Unit Number of the Physical Address of the Kansas Resident Agent’s Registered Office. Below this you may enter the City and Zip Code. Note that “KS” is already filled in for state because the Registered Office must be physically located in Kansas. The Address being reported here may not contain a P.O. Box.

Step 7 – The Kansas Secretary of State will mail the foreign Limited Liability Company official mail when necessary. In Item 6, report the Mailing Address the Kansas Secretary of State may use to send mail to the foreign Limited Liability Company. First enter the Name of the Mail Contact in the “Attention” box. Then use the boxes labeled “Address,” “City,” “State,” “Zip,” and “Country” to report the foreign Limited Liability Company’s Mailing Address.

Step 8 – In Item 7 report the Tax Closing Month of the foreign Limited Liability Company in the box provided.

Step 9 – Item 8 requires the Purpose of the foreign Limited Liability Company to be reported in the box provided. This should be the reason it wishes to do business in the State of Kansas and how it will conduct its business activities.

Step 10 – Whether the foreign Limited Liability Company is managed by Members or Managers then, you must report the Full Name and Complete Address of each Managing Party of the foreign Limited Liability Company in Item 9. Several entries will be provided to this end. Each entry will contain a field labeled “Name,” “Address,” “City,” “State,” “Zip,” and “Country” that must be filled. Each Managing party must be reported, if there is not enough room, then you may include an attachment with the remaining entities.

Step 11 – Item 10 and Item 11 will both contain binding statements that must be understood by the foreign Limited Liability Company applying for the Certificate of Authority. Read these carefully.

Step 12 – In Item 11, a Manager or a Member authorized by the foreign Limited Liability Company must Sign his or her Name in the space labeled “Signature of Manager or Member.” Next to this, the Signature party must provide a Date of Signature using the boxes labeled “Month,” “Day,” and “Year.”

Step 13 – You will need to provide an original Certificate of Good Standing or Existence that has been issued within ninety days of the Date this Application will be received by the Kansas Secretary of State. This Certificate must be issued by the Secretary of State, or similar authority, of the foreign Limited Liability Company’s home state.

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Step 14 – Organize the Certificate of Good Standing obtained, any attachments that must be included, and the completed Kansas Articles of Organization Limited Liability Company (Form FL 51-10) into a neat packet then submit by mail with a check for $165.00 (Filing Fee) payabel to “Secretary of State.”

Mail To:

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

Step 15 – The Limited Liability Company must file an Annual Report by April 15th. You may do this online here: https://www.kansas.gov/annual-reports/index.do or you may download Form LC 50 if you prefer to file by mail.