Our all-inclusive Kansas LLC Operating Agreement templates are designed to simplify setting up your Limited Liability Company in Kansas and ensure your business interests are well-protected.
Key Takeaways
- Kansas law does not mandate an LLC to have an operating agreement.
- Creating one lets you define internal operations, ownership structure, and member responsibilities, reducing potential conflicts. Utilize our free Kansas LLC Operating Agreement template to ensure compliance with state regulations.
- To form an LLC in Kansas, you’ll need to file Articles of Organization with the Kansas Secretary of State, designate a registered agent, and fulfill the required filing fee.
Kansas LLC Operating Agreement Templates by Type
Single Member LLC
Basic Single Member LLC Operating Agreement
Used 4,920 times
Are you required to uphold your limited liability corporation status in accordance with state law? If the business is sued, the owner’s assets may be safeguarded by this agreement.
For sole ownership of an LLC in Kansas, utilize this tailored template.
Multi Member LLC
Multi-Member LLC Operating Agreement Template
Used 4,872 times
Ensure that your newly formed LLC is run the right way by having a multi-member operating agreement in place.
Facilitate collaboration and governance among LLC co-owners in Kansas with this comprehensive tool.
50/50 LLC
50/50 LLC Operating Agreement Template
Used 4,872 times
This free 50/50 LLC Operating Agreement template for businesses with equal ownership.
Establish a structured partnership framework for equal ownership and management in a Kansas LLC using this versatile template.
Member-managed LLC
Member-Managed LLC Operating Agreement Template
Used 4,919 times
A manager is chosen by the firm owners to oversee day-to-day operations in a manager-managed LLC. Use this Member-Managed LLC Operating Agreement Template right away.
Effectively delegate management responsibilities within a Kansas LLC with this streamlined solution.
Legal Requirements
While Kansas doesn’t mandate an LLC Operating Agreement, it often benefits many Limited Liability Companies. Without an Operating Agreement, disputes are resolved according to the default LLC operating rules specified in Kansas law (KS Stat § 17-7662 through 17-76,155). Consider the following:
- The state rules suffice for straightforward business setups, but they may not be ideal when there’s a significant disparity in members’ contributions and ownership percentages.
- If you seek more flexibility in setting operating rules and roles beyond the state’s standard provisions, these rules might not meet your expectations.
- An LLC Operating Agreement can help keep personal and business matters separate, which is especially important for safeguarding the limited liability status of single-member Limited Liability Companies.
How to Form LLC in Kansas
Forming a Limited Liability Company in Kansas involves a few steps. Here’s an all-around guide on how to do it:
- LLC Formation Requirements
Kansas law outlines specific requirements for forming an LLC. This includes filing the Articles of Organization with the Secretary of State and setting forth the LLC name, the registered office’s address, the resident agent’s name and address, and any other topics the members decide to include. - Registered Agent Duties and Appointment
When you start a limited liability company in Kansas, you must have a registered agent for service of process within the state. This agent, who can be an individual or a company, is designated to receive legal documents, business notices, and other important mail on behalf of the LLC.
- Operating Agreements
While not mandatory in Kansas, it’s recommended that you create an Operating Agreement. This document outlines the operational rules and roles within your Limited Liability Company. You can enter into an operating agreement before, after, or at the time of filing the Articles of Organization.
- Get an EIN
Secure your Kansas business by acquiring a Federal Employment Identification Number (EIN). It’s crucial for banking, taxes, and safeguarding your personal assets. You can conveniently apply online via the IRS website. - Annual Report Requirements
You must file an annual report with the state to keep your limited liability company in good standing. This keeps your business information up-to-date with the state.
Kansas LLC Laws
- State Income Tax: In Kansas, LLCs are viewed as “pass-through” entities for tax purposes, meaning the Limited Liability Company isn’t taxed. Instead, members declare their share of the LLC’s profits or losses on their tax returns. However, Kansas does impose a “minimal tax” of $40 per member annually if the LLC has more than 3 members.
- Biennial Reporting: From 2024 onwards, Limited Liability Company must submit a Biennial Report every two years, replacing the previous Annual Report. The deadline for submitting this report is the 15th day of the fourth month after your tax closing month. The filing fee is $100 for online submissions and $110 for paper submissions.
- Registered Agent: State law mandates that all LLCs appoint a registered agent, an individual, or a registered business entity in Kansas. This agent must be available during standard business hours (9 am – 5 pm), Monday through Friday, and have a physical address in Kansas.
- Foreign LLC Registration: Non-Kansas businesses operating in Kansas must register with the Kansas Secretary of State. The application must be paper-based.
- Real Estate: If you’re contemplating investing in rental properties in Kansas, establishing a Limited Liability Company can help separate your personal and business assets, protecting you from potential property-related liabilities. An LLC can also offer tax benefits and project a more professional image to prospective tenants.
- Employment Laws: Comply with federal and state labor laws, create job listings, conduct interviews, and select the most suitable candidate.
