How to Be Your Own Kansas Registered Agent
When you decide to start a business, you file formation documents with the state; this is the beginning of a legal business entity. However, filing the formation documents isn’t all it takes to start a business.
To have a legally operated business in Kansas, you are required to maintain a registered agent (sometimes referred to as a “resident” agent on certain documents, but they are the same thing). A registered agent is the person or business that is designated to accept official documents and service of process on behalf of your business. A registered agent must:
Have regular business hours. It’s important to keep regular business hours as a registered agent because process servers will need to be able to serve your business.
Have a physical street address in Kansas. A PO Box won’t work in this case—the registered agent needs to occupy a physical location in Kansas during regular business hours. If you are a foreign company that wishes to do business in Kansas, you will need a registered agent in Kansas who has a street address within the state.
Who can be a registered agent?
You have a few options when it comes to who you can appoint as your registered agent when you start a Kansas business. You can actually designate another business to fulfill this position. These are often commercial registered agent services, or sometimes legal offices or other professional businesses.
An individual person may also act as registered agent for your business. This can either be someone you appoint or yourself. If you appoint someone else, make sure they are someone you trust to handle your business’ important, time-sensitive mail—i.e. lawsuits and annual report reminders.
When and how do I appoint my registered agent?
This is done initially when you fill out your business’ formation documents. Whether you are forming an LLC, corporation, or another entity type, there will be space provided for you to write the Kansas registered agent’s name and address. You will need to appoint your own registered agent before your business can be formed.
How do I become my own registered agent?
You can initially become your own registered agent (as mentioned above) by filling in your own name and address on the formation documents. Once they are filed by the state, you are officially your business’ registered agent.
If you already have a business and wish to switch from your current registered agent in order to act as your own, you will file a Change of Registered Agent or Office form with the Kansas secretary of state. There are different forms depending on whether you are a corporation or a limited liability company. There is a $35 filing fee that must accompany this form. Send it in to:
Kansas Office of the Secretary of State
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612-1594
Once this form is filed by the Kansas secretary of state you will be your business’ registered agent. Remember, if you plan to act as your business’ registered agent, you must maintain a Kansas street address and keep regular business hours there. Also, you have to be fine with process servers knocking on your door, and your name and address being searchable, public knowledge once it goes on either your formation documents or the change of agent form.