A Resident Agent in Kansas provides various services, such as accepting formal documentation and correspondence from the KS Secretary of State.
Your corporation must have Kansas Resident Agent services at all times. You appoint an agent when you first start your business. You can choose to replace your existing service of process agent after formation, provided there is no period during which your business is without a Resident Agent.
Requirements for a Resident Agent in Kansas
- Every corporation, domestic or foreign, must have a Resident Agent with a registered office within the State of Kansas at all times.
- The Resident Agent can be a domestic or foreign (licensed to transact business in the state) artificial legal entity (corporation, LLC, LP or LLP) or a natural person.
- If the Resident Agent is a company, they must be authorized to conduct business in Kansas.
- If the Resident Agent is a person, they must live in Kansas.
- The Resident Agent must be available in person to sign for any correspondence during regular business hours.
- The Registered Office must be located in the state of Kansas at a street address (a P.O. Box is not acceptable).
The address for your Resident Agent in Kansas doesn't need to be the same as your business address. In fact, you can use a Kansas virtual mailbox for your business address.
Important: A virtual mailbox is not a replacement for a Resident Agent. They perform two separate functions and per Kansas corporation law, you are required to have a Resident Agent.
What Kansas Resident Agents Do
A Resident Agent’s primary function is to accept official correspondence and documentation, including but not limited to:
- State and federal government correspondence and notices
- Service of process notices (e.g., if your corporation is sued or required to appear in court)
- Correspondence from the KS Secretary of State
- Tax forms and requests to complete permits, company filings and reports
Having a Resident Agent also allows you to prove to the state that your business exists.
Incfile Provides Free Kansas Resident Agent Services for the First Year
Incfile provides complete Kansas Resident Agent services for any corporation formed in the state. Better still, if you form your corporation through Incfile, your Resident Agent is completely free for the first year and only $119 a year after that.
Incfile is authorized to conduct business in Kansas and able to legally act as your Resident Agent. Here’s what our Kansas Resident Agent services include:
Email notification whenever we receive documents for your business
A digital dashboard where you can access, store and retrieve any information we’ve received for your business
An always-available Resident Agent who can receive correspondence, documents and legal proceedings on your corporation's behalf
Automatic forwarding of all legal correspondence, documentation and information directly to you
Appointing a Resident Agent for Your Corporation
When you're forming a Kansas State corporation, you must appoint a Resident Agent at that time. You can change the agent at any time after that. Here’s how.
Appointing a Resident Agent for Your Corporation
When you're forming a Kansas State corporation, you must appoint a Resident Agent at that time. You can change the agent at any time after that. Here’s how.
When you create your business, you must include your Resident Agent's information in your Articles of Incorporation.
If you form your business through us, you’ll get our Resident Agent service free for one year. We’ll use the information you provide to complete and file your Articles of Incorporation for you.
Assign a New Resident Agent After Incorporation
You can decide to assign someone new as your Resident Agent in Kansas after you’ve incorporated. There are a couple of ways to do this.
Once you’ve chosen a new Resident Agent, you can complete the Change of Resident Agent form available on the Secretary of State website. Once you’ve filled it out, send it to the Kansas SOS with a filing fee of $35 (includes $5 paper copy fee) so they can update your records.
When you use our Resident Agent service, we take care of all the form filling and filing for you. We’ll collect the pertinent information about your business, complete the form and send it to the Kansas SOS on your behalf. We’ll notify you when we officially become your Resident Agent.
KS Resident Agent Search
In some situations, you may need to know the name of the Resident Agent that represents other KS corporations. You'll find this information in the state's business database.
If you can’t find the Resident Agent information there, you can request it from the Secretary of State.
What Happens If You Don’t Have a Resident Agent?
If you don’t assign or provide a Resident Agent's details to the Secretary of State, you may be subject to certain ramifications, including but not limited to:
- Getting sued or served and not knowing about it. You could lose to a default judgment in your absence if your corporation is sued and you don’t respond.
- Losing your status as a corporation in the state. A Resident Agent is evidence to the state that your business exists. Without it, you could lose your business entity protections and your corporation may be dissolved.
- Falling out of good standing with the KS Secretary of State. The state may revoke your right to do business if you don’t respond to certain correspondence (such as a request for your annual report).
Acting as Your Own Resident Agent
You can be the Resident Agent for your Kansas corporation if you have a business office in the state. There can be some drawbacks to this approach:
- The Resident Agent must have a physical street address in Kansas. If you’re forming a corporation outside the state, you’ll need to use an in-state Residnent Agent.
- Someone must always be present during business hours at the Kansas address to sign for important documentation.
- The Resident Agent’s name and address are part of the public record and available through the KS Secretary of State. If you prefer to keep your name and address private, you should use a Resident Agent service.
- If you change your business address or move out of state, you need to file additional documentation with the Secretary of State for your new address. This won't be necessary if you use a Resident Agent service, making a move or address change much simpler.
Other Useful Resources
FAQs About Kansas Registered Agents
Yes. All business entities are required to have a service of process agent (Resident Agent). This is mandated by the KS SOS. You'll find more information above.
You must assign a Resident Agent when you form your business with the Secretary of State. You can change your agent afterward by filing the correct form. If you form your business through Incfile, we’ll file all the necessary forms on your behalf. You'll find more information above.
Yes, but we don’t recommend it for the reasons listed above.
Yes. And if you use a company as your Resident Agent, that company must be legally able to conduct business in the state. You'll find more information above.
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