Kansas Foreign Qualification
If your business was formed in a state outside of Kansas, you will have to go through the process of foreign qualification in order to do business of any kind within Kansas. Kansas, like most states, has very clear guidelines and regulations regarding foreign entities which must be followed in order to remain compliant.
What is Foreign Qualification?
Foreign qualification is the process of registering your business so it may operate in a state other than the one it was formed in. “Foreign” in this case refers not to another country, but another state. Any business that wishes to have any kind of physical presence within Kansas will have to foreign qualify in order to stay compliant.
Why Does A Company Need Foreign Qualification?
Why You Need To Do It – Foreign qualification is required to stay legally compliant when doing business in another state. If your business is hiring employees, opening a new location, or just have representatives working in Kansas, you’ll have to foreign qualify.
When Should You Do It? – As soon as you decide that you will expand operations to Kansas in any capacity. Postponing the process can lead to delays or hassles that may impact your overall business strategy. Generally, you will need Kansas foreign qualification if your company falls under any of the following criteria:
- Has a physical presence in Kansas
- Buying a property there
- Have remote employees
- Accepts orders in Kansas
- Owns a bank account in Kansas
What Happens If Your Entity Does Not Foreign Qualify?
Failure to foreign qualify will mean that you have no way to bring forth legal action in Kansas. Additionally you may face penalties and fees and could even face tax related penalties including back taxes and additional fees or fines.
Steps To Obtain Foreign Qualification
There are several steps that must be taken in order to receive Kansas foreign qualification. These steps include the following.
1. Obtain Certificates – Prior to registering as a foreign entity in Kansas, you can reserve the company name through the Temporary Reservation of Business Entity Name form of the Secretary of State. Once you have decided to proceed with the application, you can download a copy of the Application for Registration of FA Foreign Covered Entity from the Secretary of State’s website. Additionally, you will also need a Certificate of Good Standing from your business’ home state.
2. Collect And Submit Information – The form will request basic information about your business.
LLC
- Choose type of business
- LLC name as registered in the home state
- Name of the home state
- The original date of formation
- The date when the LLC plans to start doing business in Kansas
- The street address of the LLC’s registered office in Kansas
- A mailing address
- Fiscal year end
- The nature of the business the LLC will conduct in Kansas
- An authorized signature
Corporation
- Choose type of business
- Business name as registered in the home state
- Name of the home state
- The original date of formation
- The date when the company plans to start doing business in Kansas
- The street address of the registered office in Kansas
- A mailing address
- Fiscal year end
- The nature of the business that will be conducted in Kansas
- An authorized signature
3. Appoint Registered Agent – Your registered agent is responsible for receiving documents and forms relating to your foreign qualification. Most businesses elect to use a third party organization like DoMyLLC to serve as their registered agent in order to lower their overall workload.
4. File The Application – Once you complete the documents, file an application with the secretary of state along with the $165 filing fee for LLCs, $115 for corporations.
5. Ongoing Maintenance – Kansas requires businesses to submit an annual report in order to remain fully compliant. The report must be filed by the 15th day of the fourth month after the closing of tax season. For most, this means that April 15th will be the due date. The fee is $55 by mail and $50 if filed online.
What Is the Difference Between Foreign Qualification And Incorporating?
Incorporation is a process that creates an entirely new business. Foreign qualification only allows an existing business to begin operating in a different state – Kansas in this case.
How DoMyLLC Can Assist With Streamlining The Process
Your business is complex, and you’ll have a lot to worry about each day. The hassle, red tape, and paperwork involved in Kansas foreign qualification likely isn’t something that you want to deal with as well. We take over and handle it for you, taking the burden off of you and giving you more time to focus your energy elsewhere. We offer:
- Dedicated account managers
- Unlimited customer support when you need it
- Name availability checks
- Full filing and registration for your business
Simply put, we do it all and get your business ready and compliant for operations in Kansas. Contact us today to learn more.
Kansas Foreign Qualification FAQs
A certificate of good standing or certificate of existence from your home state as well as the Application for Registration of FA Foreign Covered Entity.
The filing fee for Kansas is $165 for an LLC and $115 for a corporation.
Any business that exists outside of Kansas but that wishes to start doing business there in any capacity.
You don’t need an attorney to foreign qualify. However, it is always a good idea to talk to your legal team before making major business moves to ensure full compliance.
The application requests most basic information regarding your business including things like:
- Name of business
- State of formation
- Date of formation
- Current physical and mailing addresses
- Names of members or managers
- Registered agent information
You’ll have to file under a fictitious name and operate under it in Kansas. However, this has no impact on your business name in other states.
Kansas Business Resources
Kansas Office of Secretary of State
Phone Number:
(785) 296-4564
Address:
Kansas Secretary of State
Memorial Hall, First Floor 120 S. W. 10th Ave.
Topeka, KS 66612-1594