Starting a New Business in Kansas
Q. How do I reserve a business name?
A. Name reservations may be filed online at https://www.kansas.gov/businesscenter/. Filing a name reservation holds the name for 120 days.
Q. Do I have to reserve my business name before filing formation documents/application for authority?
A. No. A name reservation is not required to form a new business entity. It is only for those who intend to form a business but require additional time to complete the necessary paperwork.
Q. Can formation documents for domestic entities be filed online?
A. Yes. Formation documents may be filed electronically for the following Kansas business entity types: for-profit corporations, not-for-profit corporations, limited liability companies, and limited partnerships. Online filers will be able to print an official letter and certified copy of the document after payment is accepted. Online filing is available at https://www.kansas.gov/businesscenter/.
Q. Do I need to complete an application for authority to do business in Kansas?
A. Please refer to K.S.A. 17-7932 to determine if you meet the definition of “doing business” in Kansas.
After Formation Documents (Articles/Application) are Filed
Q. What is the business entity ID number? Is this the tax number?
A. A business entity ID number is issued for all entities that file with the Secretary of State’s office. This number will be used for all filings and correspondence with our office regarding the business entity. It is not a tax identification number.
Q. When is the business entity’s annual report due?
A. The annual report due date depends on the type of business entity and the entity’s tax closing period.
All for-profit entities with a calendar year tax period may file an annual report any time after the end of the tax period. An annual report may be filed beginning January 1 but must be filed by April 15.
All for-profit entities with a tax period other than a calendar year must file an annual report no later than the 15th day of the fourth month following the end of the entity’s tax period.
Not-for-profit entities with a calendar year tax period may file an annual report any time after the end of the tax period. An annual report may be filed beginning January 1 but must be filed by June 15.
Q. How do I obtain an extension of time to file my annual report?
A. Extensions of time for filing the annual report are not accepted. Annual reports may be filed up to 90 days following the due date before the business is forfeited.
Q. How do I obtain a certificate of good standing?
A. Certificates of Good Standing may be obtained here. The document can be printed from the website, and multiple copies can be printed. Certificates include an authentication code that allows a user to verify that the certificate is valid. Payment may be made with a credit card or electronic check, or through a Kansas.gov subscriber account.
Q. What is a FEIN number?
A. The FEIN (federal employer identification number) is provided by the Internal Revenue Service (IRS) upon application. Contact the IRS at https://www.irs.gov or 1-800-829-4933.
Q. I’ve lost my sales tax certificate or my tax-exempt certificate. How do I get a new one?
A. Please contact the Kansas Department of Revenue at https://ksrevenue.org/ or 785-368-8222.
Q. My business status is listed as delinquent. What does this mean?
A. A delinquent status means the business entity did not file its annual report and fee by the due date. To obtain a status of active and in good standing, the annual report must be filed before the forfeiture date. Annual reports may be filed online at https://www.kansas.gov/ssrv-annual-reports/index.do.
Closing a Business
Q. I am closing my Kansas business or, as a foreign entity, I am no longer doing business in Kansas. What do I need to file with the Secretary of State?
A. A dissolution, withdrawal or cancellation may be filed online at https://www.kansas.gov/dissolutions/index.do. In addition, all annual reports must be filed prior to filing the dissolution, withdrawal or cancellation.
Note: If you are filing a dissolution, withdrawal or cancellation at the end of the business tax closing year, the complete and correct document must be received by the Secretary of State’s office on or before the end of that tax closing year. If the document arrives after the tax closing year, it will be returned, and an annual report must be filed prior to the filing the dissolution, cancellation or withdrawal.
DBAs, Fictitious Names, Sole Proprietorships, etc.
Q. Does the state register DBAs (doing business as) or fictitious names?
A. No. State law does not require or permit the registration or filing of DBAs or fictitious names.
Q. How can I protect my business name?
A. Please consult with your attorney about protecting your business name.
Q. Are all companies doing business in Kansas required to file with the Secretary of State?
A. No. Sole proprietorships are not required to file with the Secretary of State. General partnerships may choose to file an application of authority or other statements with the Secretary of State; however, these are not required filings and a statement of authority does not create the partnership. If an out-of-state business entity is “doing business” in Kansas, it must file an application for authority. Please refer to K.S.A. 17-7932, which defines “doing business” in the state of Kansas.
Q. How do I register my sole proprietorship?
A. Kansas does not require sole proprietorships to register or file with the Secretary of State.
General Filing Questions
Q. I am submitting a check or money order; to whom do I make the check payable?
A. Kansas Secretary of State.
Q. Should I staple document pages or documents and the check together?
A. No. Please do not use staples.
Q. What is an electronic filing?
A. An electronic filing is a filing that is completed online through a website. Online filing provides immediate filing of your documents. Many documents can be filed electronically, including formation documents, name change amendments, registered office/resident agent change amendments, dissolutions, withdrawals, UCC filings, and annual reports. These documents may be filed electronically at https://www.kansas.gov/businesscenter/.
Q. What payment options are available if I file online?
A. We offer payment by electronic check, Visa, MasterCard, American Express, and Discover.
Q. What is an electronic check?
A. An electronic check is a way of paying for an online filing using a checking account. To pay by electronic check, the routing and account numbers listed at the bottom of the check will need to be provided. Once the filing is processed, the payment will be deducted from the checking account.
Q. Do I need to submit more than one copy of a document for filing?
A. No. Only the original document should be submitted for filing. Once the document is processed it will be returned by mail to the individual or entity that submitted the document.
Q. Can documents be fax filed?
A. Yes. Most documents can be filed by fax for an additional $20 fee per document. However, annual reports cannot be fax filed unless they are required to complete an additional filing (e.g. dissolution or reinstatement). The fax number is 785-296-4570.