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The best way to start your own business is to create a legal entity. This helps protect you from personal liability and allows you to keep your finances separate from those of your business partners. In many cases, forming an LLC makes sense for small businesses that don’t need the complexity of an S corporation or a corporation. In Kansas, there are several ways to form an LLC. Below is one option that can help get you started on the road to starting your own company:
Choosing a name is the very first step in forming your LLC. This is because you need to choose a name that isn’t too similar to an existing business or trademark. The Kansas Secretary of State offers a free online service that allows you to check whether your proposed business name is available.
If you don’t want anyone else to use your business’ name, make sure it’s unique by doing some research on its availability with the Kansas Secretary of State and other government agencies (such as the United States Patent and Trademark Office) before filing any legal paperwork.
The state of Kansas has a list of registered agents that you can find on its website. A registered agent is a person or business who is authorized to receive legal documents on behalf of your LLC, such as summonses and complaints, if any are filed against it. Registered agents usually charge $50-150 per year for this service, so consider whether the expense is worth it for you.
Sometimes, however, there will be no need for a registered agent because none of your business activities involve interacting with other people or businesses in Kansas (or any other state). If this is true for you then we recommend hiring an attorney as your registered agent instead—they’re trained professionals!
If you are an individual and want to form an LLC, the Secretary of State may require that you file your Articles of Organization in person. To file online, use their forms and then print and sign on the signature line.
If you file online, it must be done within 60 days of forming your LLC. If filing in person or by mail, articles can be filed up to one year after filing them electronically as long as there is no change made to any information provided on them (e.g., name changes).
Getting an EIN is a crucial step towards starting your LLC. An EIN number is a nine-digit number that the IRS assigns to business entities, and it’s what you’ll use to open your bank account for the business and apply for licenses and permits. To get an EIN, you can visit any IRS office or call (800) 829-4933. You’ll need some personal information including your name, address, Social Security number (SSN), date of birth (DOB), and taxpayer identification number (TIN) if you don’t have one yet—so make sure to bring these with you when applying! Once this information is verified by an IRS representative at the office or over the phone, it shouldn’t take more than 10 minutes for them to give you access to your new EIN so make sure someone else doesn’t walk off with it before then!
Once they’ve given us our shiny new EINs we’ll be able to use those numbers on all future documents related not just here but also when opening up bank accounts elsewhere like [Bank Name].
An operating agreement is a document that details how your business will be run. It should be written by the members of the LLC and signed by all parties. This document should spell out how profits are divided, what happens in case of dissolution or death, how disputes will be resolved, etc. All these details can come up when you’re running a business together.
It’s a good idea to consult an attorney before writing your operating agreement; they’ll know what clauses are important to include (and which ones aren’t) and make sure you’re complying with state laws and regulations.
When you’re starting a business, it’s important to choose a business name that is not already in use. You’ll need to file an assumed name certificate with the Kansas Secretary of State (Secretary of State website) within 90 days of beginning operations under your company name. You can also register for a federal employer identification number (EIN). This will help you do business in Kansas.
If you have any partners or shareholders, consider creating an operating agreement between them that lays out how decisions are made, how profits are distributed and what happens if someone wants to leave the LLC.
As you can see, creating your own business entity is a complicated process. But once you know what steps to take, it should be easier to do it yourself than to hire an attorney or accountant. If you want more information about how to form an LLC in Kansas, check out our step-by-step guide on the topic!
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