Filing a Foreign Corporation or LLC in Kansas

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If your company was not incorporated in Kansas, but you wish to do business there, you need to file a Foreign Entity Application for Registration with the state.

Known as Foreign Qualification, this process allows a company formed in Delaware or any other state to legally transact business in Kansas.

Please note: information on this page is accurate to the best of our knowledge. However, requirements and costs can be changed by states at any time and Harvard Business Services cannot guarantee the accuracy of this information.

How to Get a Certificate of Authority in Kansas:

The Kansas Secretary of State requires the same form (Foreign Entity Application for Registration, or “FA”) to be filed regardless of the entity type. However, the fee that must accompany this filing does vary based on entity type.

Corporations must include a fee of $115 (including non-profits), while LLCs and Limited Partnerships must include a fee of $165. When filing the form via fax (the most efficient option), an additional $20 processing fee is also included.

All entities must also provide a Certificate of Good Standing from their home state, dated within 90 days of the Kansas filing.

Finally, you must also appoint and list a Kansas Registered Agent, which must be maintained at all times. We can provide this service at a cost of just $99/year.

Harvard Business Services can assist with your application so you don’t have to deal with the Kansas Secretary of State directly. We do charge our own fee for this service, in addition to state fees. The exact fee can vary based upon whether your company is already filed and whether you need us to obtain additional documents to meet the state’s requirements. Please contact us for an exact quote.

How Do I Know if I Need Authority to Do Business in Kansas?

Kansas maintains its corporate statutes at the Office of Revisor of Statutes. On their website you can view the state’s business regulations, which include some examples of activities that do not constitute transacting business. This list is similar to those provided by other states and include activities such as:

  • holding meetings or carrying on any other activity concerning its internal affairs;
  • maintaining bank accounts;
  • selling through independent contractors;
  • soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this state before they become contracts;
  • transacting business in interstate commerce.

[source: https://www.ksrevisor.org/statutes/chapters/ch17/017_079_0032.html]

This is not an exhaustive list and there may be additional activities that do not constitute doing business.

Keep in mind that even if the state of Kansas does not require a Certificate of Authority for a specific activity, a bank, vendor or another party can still require one in order to establish a relationship.

Kansas Annual Report Requirements

Once you have Foreign Qualification in Kansas, state law requires an annual report to be filed by all corporations, limited liability companies, and limited partnerships.

Regardless of the entity type, the filing fee for the annual report is $55.

As far as when the first annual report fee must be paid, Kansas provides the following guidance:

If the entity began doing business in Kansas more than six months prior to its fiscal year end … it may owe annual reports and fees with the application. If more than two annual reports are due, or if more than 7 months and 15 days have passed from the most recent fiscal year end due and the date of the application, a penalty fee of $85 applies to the application fee. All application fees, penalty fees and annual report fees may be paid with one check.

Example: An entity with a fiscal year end of December that was doing business in Kansas prior to July 1 of the previous year would include one annual report and its filing fee with the application.

Please note that this annual requirement is independent from requirements you may have in Delaware or other states.

Since 1981, Harvard Business Services, Inc. has helped form 222,980 Delaware corporations and LLCs for people all over the world.

Registered Agent Service

Harvard Business Services, Inc. guarantees your annual Delaware Registered Agent Fee will remain fixed at $50 per company, per year, for the life of your company.