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When incorporating in Kansas with LegalZoom, we not only file your articles of incorporation with the Kansas Secretary of State, but we also prepare customized bylaws and director resolutions. We can also obtain your Federal Tax ID Number (EIN) and provide other customized services for your Kansas corporation.
Kansas Incorporation Information
Incorporating in Kansas
Choosing a business name is one of the first steps one often considers when forming your Kansas Corporation. The name that you choose:
LegalZoom allows you to choose up to 3 names, in order of preference. We will conduct a name check before filing to see which names are available.
- Must be distinguishable from any other registered Kansas business entity and any reserved names on record, subject to certain exceptions under state law
- May not contain language stating or implying that the corporation is organized for a purpose other than that permitted by state law and its articles of incorporation.
In addition, except for banks, the name must contain one of (or an abbreviation of) the following endings, or words or abbreviations of like import in another language if written in Roman characters or letters:
Kansas state law restricts the use of certain words and phrases in business names. When you incorporate your Kansas corporation with LegalZoom, your business name choices are reviewed for compliance with applicable state laws.
Articles of Incorporation:
When incorporating in Kansas, articles of incorporation must be filed with the Kansas Secretary of State. Kansas law requires that certain information be included in your articles of incorporation. The following is a summary of those requirements:
- Minimum Number of Incorporators: One or more.
- Eligibility Requirements: None.
- Duties: Delivering articles of incorporation to the Secretary of State for filing.
- Listing Requirements - The name and mailing address of each incorporator must be listed in the articles.
Kansas corporations may engage in any lawful business activity. The nature of the business or purposes of the corporation, or a general statement that the corporation may engage in any lawful act, must be included in the articles.
- Minimum Number of Directors: One or more.
- Eligibility Requirements: Directors must be natural persons who are at least 18 years old. The articles of incorporation or bylaws may prescribe additional qualifications for directors.
- Listing Requirements: If the powers of the incorporator or incorporators are to terminate upon the filing of the articles of incorporation, then the names and addresses of the initial directors must be listed in the articles.
The classes, as well as par value and number of shares of each class that the corporation is authorized to issue, must be included in the Articles.
Kansas permits additional provisions to be included in the articles of incorporation, such as:
- Limitation of director liability to the corporation or its shareholders in certain situations
- Regulating the powers of the corporation, its board of directors, and shareholders.
- Personal liability of shareholders for corporate debts in certain situations.
- Preemptive shareholder rights.
- Limitation of duration on the corporation's existence.
- The manner of adoption, alteration or repeal of bylaws.
- A provision allowing court-ordered meetings of shareholders or creditors during any pending agreement between the corporation and its shareholders or creditors
A corporation maintains its bylaws at its principal executive office and is not required to file them with the state. LegalZoom will provide customized bylaws for your Kansas incorporation based on the operation requirements that you specify.
The incorporators or board of directors must adopt initial bylaws for the corporation.
The right to adopt, amend or repeal bylaws is vested in the board, subject to the articles of incorporation and the stockholders. The bylaws may prescribe additional qualifications for directors that are consistent with the articles of incorporation.
Officers may be listed in the bylaws or elected by the board, and may appoint other officers, in compliance with the bylaws. Additionally, one officer is responsible for preparing and maintaining the proceedings of director and shareholder meetings. Any officer may hold more than one office in the corporation.
Every Kansas corporation must have a registered agent in Kansas-- the person or office designated to receive official state correspondence and notice if the corporation is "served" with a lawsuit.
- Eligibility Requirements - The registered agent must be either (1) a resident individual of this state whose business office is the same as the registered office or (2) a domestic corporation whose business office is the same as the registered office.
Under Kansas law, a professional corporation is formed in order to render services within one specific profession. Professional corporations generally may not provide any other non-ancillary services and must comply with particular conventions in its choice of corporate name.
A report must be filed with the Kansas Secretary of State every year at the time of the corporation files its income tax return. Each annual report must indicate:
Income Tax Rate: For information on the Kansas state income tax rate, visit: http://www.ksrevenue.org/
- The corporation's name;
- The location of the corporation's principal office;
- The nature and type of business in which the corporation is engaged;
- The mailing addresses of stockholders who own at least 5% of the corporation's capital stock;
- The number of shares of and amount paid up in capital stock;
- The names and residential addresses of the president, secretary, treasurer, and members of the board of directors; and
- Additional information on any agricultural land held by the corporation.