FAQ - Business Services

Filing With Our Office

Q: What is the turn-around time for filing documents in your office?
A: Our office has a two-to-three business day turnaround time for all completed and correct paper documents received by our office. Our online filing system provides immediate filing of your documents.

Q: I am submitting a check or money order; to whom do I make it out?
A: Kansas Secretary of State's Office

Q: Should I staple my document pages or staple my document and check together?
A: No. Please do not use staples. We must remove all staples for processing. Staples increase the time it takes to file your document. Help us save time and money - do not use staples.

Q: What is an electronic filing?
A: An electronic filing is a filing that is completed online through a website. Our office offers an electronic (or online) option for many of our filings, including formation documents, name change amendments, registered office/resident change amendments, dissolutions, UCC filings, and annual reports. To file electronically or online, just go to our Business Filing Center and select the filing you would like to perform. When you file electronically, you answer questions on your computer screen, pay for the filing, and the information is submitted to our office. You do not have to complete a paper form.

Q: What payment options are available if I file online?
A: We offer payment by electronic check and credit card: Visa, MasterCard, American Express, and Discover.

Q: What is an electronic check?
A: An electronic check is a way of paying for an online filing using a checking account. If you select the electronic check option for payment, you provide the routing or account numbers at the bottom of your check. The payment will then be deducted from your account. You do not need to mail the paper check to our office.

Q: Do I need to submit more than one copy of a document for filing?
A: No. Only the original document should be submitted for filing; we do not require multiple copies. Once the document is processed it will be returned by mail to the individual or entity that submitted the document to our office.

Q: Can documents be fax filed?
A: You can fax file documents for an additional $20 fee per document. Annual reports cannot be fax filed unless they are required to complete an additional filing (for example: dissolution or reinstatement). Business Services Fax number is (785) 296-4570.

Q: What date must be used to date the signature on filing documents (execution date)?
A: The date the document was originally signed.

DBAs, Fictitious Names, Sole Proprietorships, Etc.

Q: Do you register DBAs (doing business as) or fictitious names?
A: We do not list or register DBAs in the State of Kansas. Kansas does not have statutes requiring or permitting the registration or filing of DBAs or fictitious names.

Q: How can I protect my business name?
A: Please consult with your attorney about protecting your business name.

Q: Are all companies doing business in Kansas required to file with the Secretary of State?
A: No. Sole proprietorships do not file with the Secretary of State. General partnerships may choose to file a statement of authority or other statements with the Secretary of State; they are not required filings and a statement of authority does not create the partnership. If an out-of-state business entity is "doing business" in Kansas, it must file a foreign application. You may refer to K.S.A. 17-7303, which defines doing business in the state of Kansas. http://www.kslegislature.org/legsrv-statutes/index.do

Q: How do I register my sole proprietorship?
A: Kansas has no state requirements to register or file a sole proprietorship.

Beginning A New Business In Kansas

Q: I am thinking about starting a business and I don't know what I need to file or where I need to file it. What can I do?
A: Contact Network Kansas at 877-521-8600 and www.networkkansas.com. This organization helps new businesses find answers and resources to navigate the various filing requirements in the state.

Q: How do I reserve a business name?
A: You may file a name reservation online. This reservation holds the name for 120 days. https://www.kansas.gov/businesscenter/

Q: Can formation documents for domestic entities be filed online?
A: Yes, formation documents for all domestic entities as well as foreign limited liability partnerships may be filed electronically. You will be able to print an official letter and certified copy of the document after payment is accepted. https://www.kansas.gov/businesscenter/

Q: How do I know if I need to complete a foreign application to do business in Kansas?
A: Please refer to K.S.A. 17-7303 to determine if you meet the definition of "doing business" in Kansas. Although this statute pertains to foreign corporations, the definition is the same for all business entities. Consult your attorney if you need further help in interpreting the statute. http://www.kslegislature.org/legsrv-statutes/index.do

Q: What is a resident agent or registered office?
A: A resident agent is authorized to accept service of lawsuits on behalf of a business entity. The registered office is a physical address in Kansas where the agent can be located for service of legal process.

Q: Do I have to reserve my business name before I file my articles/application?
A: No. Name reservations are meant to hold the name until you are ready to file your articles or application.

Once You Have Filed Your Formation Document (Articles/Application)

Q: What is the business entity ID number? Is this my tax number?
A: The business entity ID number is issued by our office for all entities filed with us. It is a number you can use for all filings and correspondence with our office. It is not a tax number.

Q: When will my annual report be due?
A:
The annual report due date depends on the tax closing month for your company. All for-profit entities have an annual report due date of the 15th day of the fourth month following the tax closing month. Example: If the tax closing month is December, the due date is April 15 of the following year. The annual report may be filed as early as January 1st.

For all not for profit organizations, annual reports are due on the 15th day of the sixth month following the tax closing month. Example: If the tax closing month is December, the due date is June 15 of the following year. The annual report may be filed as early as January 1.

Q: How do I obtain an extension of time to file my annual report?
A: Effective January 1, 2006, extensions of time for filing the annual report are no longer accepted. You do have 90 days following the annual report due date to file the annual report before the business is forfeited.

Q: How do I obtain a certificate of good standing?
A: You may obtain a certificate of good standing via our web site for a reduced cost ($10.00). Upon payment with a major credit card, electronic check, or your Kansas.gov subscriber account, the document will appear on your screen for you to print as many times as needed. Certificates include an authentication code which allows a user to verify that the certificate is valid. http://www.sos.ks.gov/other/certificate_good_standing.html

Q: What is a FEIN number, and where do I get one?
A: The FEIN (federal employer identification number) is provided by the Internal Revenue Service (IRS) upon application. Contact the IRS at 1-800-829-4933.

Q: I've lost my sales tax certificate or my tax-exempt certificate. How do I get a new one?
A: Please contact the Kansas Department of Revenue at 785-368-8222.

Q: I looked online at my business status and it says "delinquent". What does this mean?
A: A Delinquent status means the business entity has not filed its annual report and fee by the due date. To obtain a status of Active and In Good Standing, the annual report must be filed before the forfeiture date. https://www.kansas.gov/ssrv-annual-reports/index.do

Closing Your Business

Q: I am closing my Kansas business OR as a foreign entity, I am no longer doing business in Kansas. What do I need to file with the Secretary of State?
A: A dissolution, withdrawal or cancellation may be filed with our office. Click here to file this online https://www.kansas.gov/dissolutions/index.do. All annual reports must be filed prior to filing the dissolution, withdrawal or cancellation.

Note: If you are filing your dissolution, withdrawal or cancellation at the end of your tax closing year (for example: December), your complete and correct document must be received in our office on or before December 31. We cannot honor postmarks. If your document arrives in our office after your tax closing year (for example: January), we must return it and require that you file an annual report prior to filing your dissolution, cancellation or withdrawal.

Charitable Organizations

Q: Can you tell me if a charity is legitimate?
A: No. We can do a search, however, to see if a charity is registered in Kansas and provide their financial and donation information to you. Please visit www.kscharitycheck.org to see all charities we have on file or call 785-296-4564.

Q: Do you accept extensions or have late fees on charitable organization filings?
A: We do not accept extensions for charitables. We do not add late fees or penalties for late filings. Please send all documents in together at one time.

Q: How often must charitable organizations, solicitors and fund raisers register with the Secretary of State?
A: Annually.