What is a Foreign LLC in Kansas – Definition and Filing (original) (raw)

If you have an LLC in Kansas and want to expand your business beyond Kansas, you must form a foreign LLC. Any business, especially a limited liability company, located in other states, starts its operation in Kansas, must file a foreign LLC in Kansas. To do so, every LLC needs to file additional filing documents, along with tax and relevant documents with the Kansas government.

In this article, you’ll be reading about how to start a foreign LLC in Kansas. Along with that, the page guides you through the steps involved in managing and maintaining a foreign LLC in Kansas after you form it.

Forming a Foreign LLC in Kansas

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. If you register your LLC in one state and operate your business in Kansas, you probably need to register your LLC as a foreign entity here. Imagine, if your family owns a sushi restaurant in Alabama and you want to expand the chain somewhere in Texas, you must establish your restaurant in Texas as a foreign entity.

Anyone who has an active and in good standing LLC anywhere (except for Kansas) and wants to expand their operations in Kansas can file their LLC as a foreign entity. To start a foreign LLC in Kansas, you need to register it with the Kansas Secretary of State. Every state has a different rule for establishing a foreign LLC. Here are the steps to follow in Kansas for registering a foreign LLC.

Note: These are generic steps to file a foreign LLC in Kansas. Make sure to check with the State Secretary of State, before you start filing your business. – LLCBuddy Team

Step 1: Get the Certificate of Good Standing From Home State

llc formation document

Before you proceed to register your LLC in Kansas as a foreign entity, you must get the Certificate of Good Standing issued from your home state SOS. This is an important document to register an LLC in a foreign state.

If your LLC is originally registered in Kansas, then you must obtain the Certificate of Good Standing from Kansas Secretary of State. If your LLC is in other states, the name of the same document might be different. Every LLC, registered in any state other than Kansas must get this document to register a foreign LLC in Kansas.

Filing Certificate of Good Standing: In Kansas, you can Search Business and Purchase Certificate of Good Standing via the SOS portal. Following the link, search for the business, get the details, and click on the Purchase Certificate of Good Standing to get the document. You must make the payment at the time of the purchase.

Step 2: Choose Kansas Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements to the Kansas Secretary of State. Your LLC’s legal name outside of Kansas will be listed on the application, along with the name it will use in Kansas. Take note of the requirements for naming your LLC.

You can use the same name as your domestic LLC name, however, that name should be available in Kansas to use. Check name availability at Kansas’s business entity names and reserve your LLC name. There are a bunch of LLC naming guidelines in Kansas when it comes to forming a foreign LLC. Check the guidelines before you name your business.

Step 3: Select Kansas Foreign LLC Registered Agent

A registered agent is a person responsible for receiving all official and legal documents on behalf of your company, whether it is located domestically or in a foreign state. For a foreign LLC in Kansas, you must have a registered agent from Kansas only. No matter where your domestic LLC is located, you must hire a registered agent from Kansas for your foreign LLC.

You’ll need a registered agent to form a foreign LLC in Kansas and take note that the Kansas Registered Agent must have a local address. Here are the best LLC services on our list that will provide you with registered agents to ease your worries:

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Step 4: File Application for Registration for Kansas Foreign LLC

The most important step is to send the application for registration with Kansas SOS. Download the PDF form from the Kansas Secretary of State website or file it online (whichever method is available). The form must be filled out with the following details:

filing foreign llc

Online Filing

For the online filing, please Sign in to SOS with the credentials (email and password). If you are not registered with the SOS website, then create an account with the portal sharing your name and email. Proceed to the dashboard and look for the foreign LLC registration form. Fill it up with the relevant information and submit it the SOS.

Offline Filling

In Kansas, it is easy to form an LLC as a foreign entity if you’re from another state. The very first thing you need is to get the Foreign LLC PDF form. Once you get the Foreign LLC Registration Form, download it, and fill it up with the correct information about your existing LLC. Once done, submit the form to the SOS address at Kansas Office of the Secretary of State, Memorial Hall, 1st Floor, 120 S.W. 10th Avenue, Topeka, KS 66612 by mail or physical visit.

Foreign LLC Registration Fee in Kansas: In Kansas, the filing fee for a foreign LLC is $165. The fee must be paid to the Secretary of State by checks.

The LLC cost in Kansas, even for foreign LLCs will differ between online filing and by mail. Also, read about what’s the major difference between Kansas’s domestic and foreign LLCs.

Step 5: Determine How Your Kansas Foreign LLC is taxed

llc tax

Foreign LLCs are also subjected to the Kansas Business Privilege Tax and must file LLC annual reports each year. If you have a single-member foreign LLC then it will be considered as a ‘disregarded LLC’ by IRS. That means the LLC will not be regarded as a company but it will be taxed as an individual (the owner). If you already have an LLC in the home state, you must have obtained the EIN as well. You don’t need to obtain the EIN in Kansas for a foreign LLC separately as it is issued from the IRS.

For other types of LLCs (member-managed or manager-managed LLCs), it will be a ‘pass-through taxation‘ where the LLCs don’t get taxed separately, instead, the members and managers are taxed based on their personal income. So, foreign LLCs are taxed as same as domestic LLCs in Kansas. However, it is recommended to check with the Kansas Secretary of State for state-wise taxes.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

Filing Kansas Foreign LLC Online – Quick Recap

  1. Get the Certificate of Good Standing from your home state where your LLC is originally registered
  2. Check if the name of your LLC is available in Kansas to use for your foreign LLC. If not, file DBA name with Kansas SOS.
  3. Get a registered agent in Kansas to represent your foreign LLC in Kansas. Recommended, professional help instead of being your own registered agent.
  4. File the Application of Foreign LLC with the Kansas Secretary of State following the mentioned method(s) above.
  5. Make the processing fee.

After Forming Kansas Foreign LLC

Here are added things you need to accomplish after forming your Kansas Foreign LLC

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search. You can contact the license office at Kansas Secretary of State.
  2. File LLC annual reports and Business Privilege Tax. You must file an Annual Report before the stipulated time frame after forming your LLC in Kansas. Here’s everything about Kansas LLC Annual Reports.
  3. Pay State Taxes like sales tax; you’ll need an EIN for your LLC.

FAQs

What is a foreign LLC?

A foreign LLC is a limited liability company that is formed in one state but wants to do business in another state.

Do I need to register my foreign LLC in Kansas?

Yes, you must register your foreign LLC in Kansas if you want to do business in the state.

What is the process for registering a foreign LLC in Kansas?

The process for registering a foreign LLC in Kansas involves filing an Application for Certificate of Authority with the Kansas Secretary of State.

What information do I need to provide when registering a foreign LLC in Kansas?

You will need to provide your LLC’s name, the state where it was originally formed, its principal office address, and the name and address of its registered agent in Kansas.

Can I use my foreign LLC’s name in Kansas?

If your LLC’s name is not already taken by another business in Kansas, you may be able to use it. Otherwise, you may need to use a different name.

Is there a fee for registering a foreign LLC in Kansas?

Yes, there is a fee for registering a foreign LLC in Kansas. The fee varies depending on the type of business you have.

Do I need to file annual reports for my foreign LLC in Kansas?

Yes, you must file an annual report for your foreign LLC in Kansas to maintain good standing.

Are there any ongoing requirements for a foreign LLC in Kansas?

Yes, a foreign LLC in Kansas must maintain a registered agent in the state and comply with all tax and regulatory requirements.

Can I convert my foreign LLC into a domestic LLC in Kansas?

No, you cannot convert a foreign LLC into a domestic LLC. You will need to form a new LLC in Kansas if you want to do business as a domestic entity.

How long does it take to register a foreign LLC in Kansas?

The processing time for registering a foreign LLC in Kansas can vary, but it typically takes a few weeks to complete.

Can I operate my foreign LLC in Kansas while waiting for registration?

No, you must wait until your foreign LLC is registered in Kansas before conducting business in the state.

Can I register a foreign LLC in Kansas online?

Yes, you can register a foreign LLC in Kansas online through the Secretary of State’s website.

Do I need to file my foreign LLC registration in person in Kansas?

No, you do not need to file your foreign LLC registration in person in Kansas. You can do it online or by mail.

Can I use a PO Box as my LLC’s address in Kansas?

No, you must provide a physical street address for your LLC in Kansas, not a PO Box.

Can I be my own registered agent for my foreign LLC in Kansas?

Yes, as long as you have a physical street address in Kansas where you can be reached during normal business hours.

What happens if I fail to register my foreign LLC in Kansas?

If you fail to register your foreign LLC in Kansas, you may face penalties, fines, and possibly be barred from doing business in the state.

Can I operate multiple foreign LLCs in Kansas under the same registration?

Each foreign LLC must have its own separate registration in Kansas. You cannot combine them under one registration.

Do I need a Certificate of Good Standing from my home state to register a foreign LLC in Kansas?

Yes, you will need to provide a Certificate of Good Standing from your home state when registering a foreign LLC in Kansas.

Can I change my foreign LLC’s name after it is registered in Kansas?

Yes, you can change your foreign LLC’s name in Kansas by filing an amendment to your registration.

Do I need to appoint a manager for my foreign LLC in Kansas?

It is not required to appoint a manager for your foreign LLC in Kansas, but if you do, their name and address will need to be included in the registration.

Can I dissolve my foreign LLC in Kansas?

Yes, you can dissolve your foreign LLC in Kansas by filing the necessary paperwork with the Secretary of State.

What is the penalty for late filing of an annual report for a foreign LLC in Kansas?

The penalty for late filing of an annual report for a foreign LLC in Kansas is a fine, and your LLC may be considered not in good standing.

Can I operate my foreign LLC in Kansas under a different name?

No, you must operate your foreign LLC in Kansas under the same name as it is registered in your home state.

How long is a foreign LLC registration valid in Kansas?

A foreign LLC registration in Kansas is valid until it is voluntarily dissolved or revoked by the Secretary of State.

Do I need to publish notice of my foreign LLC registration in Kansas?

No, you are not required to publish notice of your foreign LLC registration in Kansas.

Can I withdraw my foreign LLC from doing business in Kansas?

Yes, you can withdraw your foreign LLC from doing business in Kansas by filing a Certificate of Withdrawal with the Secretary of State.

Can I register a foreign professional LLC in Kansas?

Yes, you can register a foreign professional LLC in Kansas if you are licensed to provide professional services in the state.

Do I need a federal Tax ID number for my foreign LLC in Kansas?

You will need a federal Tax ID number, also known as an Employer Identification Number (EIN), for your foreign LLC in Kansas if you have employees or operate as a corporation.

Can a foreign LLC operate in Kentucky?

Yes, a foreign LLC can operate in Kansas by obtaining a Certificate of Authority.

What is a Certificate of Authority in Kansas?

A Certificate of Authority is a registration document that foreign LLCs must obtain to legally do business in Kansas.

Also Read

In Conclusion

Having a foreign LLC in Kansas is nothing but expanding your business legally beyond the boundary of your domestic or home state. Starting a foreign LLC in Kansas does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. From getting the Certificate of Good Standing to hiring a registered agent in Kansas, a professional or attorney can always be a perfect help. ZenBusiness is one of the most accurate and user-friendly services that offer a bunch of LLC formation services. They offer LLC formation for $0 (excluding the state formation fee).

The cost of registering a foreign LLC in Kansas can vary depending on a range of factors. While the initial registration fees and ongoing expenses can be a significant investment, many companies find that the benefits of establishing a presence in the state outweigh the costs. By carefully considering the expenses involved and budgeting accordingly, companies can ensure that their foreign LLC in Kansas is a success.