Kansas LLC Operating Agreement Templates

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A Kansas LLC operating agreement is a legal document that may be utilized by companies of all sizes, to establish businesses, member relationships (multi-member entities), standard operating procedures, company policies, and many other aspects of a business.

The State of Kansas does not require that companies have the document in place. However, the members must be diligent in protecting their personal and financial assets. Without the implementation of this document, yet becoming a member in a member-managed business, should the business ever face litigation or any type of business failure, the member’s assets are vulnerable to liens for collection. By placing the document into effect, the member’s assets will be protected inasmuch as it creates a legal separation between the member’s assets and the business debts. The document will also provide tax benefits that would not be available to the business without placement of the document.

Limited Liability Company Act – Chapter 17, Article 76

Operating Agreement Laws – § 76-7672

State Definition – § 17-7663(k)

By Type (2)


Multi-Member LLC Operating Agreement – For use by companies with more than one member. The document shall set forth procedures and policies that will be observed by all managing members. The document will provide protection for all contributing members.

Download: Adobe PDFMS Word (.docx)OpenDocument

 

 


Single-Member LLC Operating Agreement – For use by sole proprietors (single owners) to establish their business procedures, recording of daily activities, and provide protection to personal financial assets, among other aspects.

Download: Adobe PDFMS Word (.docx)OpenDocument

 

Table of Contents

  • Kansas LLC Operating Agreements: By Type
  • How to Form an LLC in Kansas (5 steps)
  • (Video) How to Make an LLC Operating Agreement in Kansas
  • How to Form an LLC in Kansas (5 steps)

    Individuals filing in the State of Kansas should ensure that their chosen operating name is available for use before formally applying for registration. By conducting a Business Entity Search, you can verify your name’s availability and make certain that the name is distinguishable on the records of the Secretary of State.

    Step 1 – Registered Agent

    All LLCs must appoint a Registered Agent as part of the filing process. The Registered Agent will notify the LLC of any official notices received, such as annual reports or other correspondence from the Secretary of State.

    A Registered Agent may be an:

    • Individual with residence in the State
    • Business operating in the State

    Step 2 – Registration Documents

    Filers must submit their registration documents to the Secretary of State either by mail or via the online filing system. Select the option below which matches your entity type and the desired method of application:

    • Domestic – Form a new LLC within Kansas
    • Foreign – File a preexisting LLC, formed outside Kansas

    *A Certificate of Existence, or document of equal qualification, is required when filing a Foreign LLC by mail (Adobe PDF).

    Step 3 – Pay the Fee

    The filing fee for both a Domestic and Foreign LLC is $165, unless you are filing a Domestic LLC online which will result in a reduced fee of $160.

    Online filers may pay the fee by e-check or credit card. For applicants filing a paper form, attach a check or money made payable to the ‘Secretary of State’ and send all articles to the following address:

    Memorial Hall, 1st Floor, 120 S.W. 10th Avenue, Topeka, KS 66612-1594

    Step 4 – LLC Operating Agreement 

    The managing member(s) may draft an operating agreement as a means to organize the internal affairs of the LLC, and to provide documentation that assets of the LLC are separate from those of the ownership. While the form is not required by State law, it is in the best interest of the LLC to implement this type of agreement after successfully filing for formation.

    Step 5 – Employer Identification Number (EIN)

    The Employer Identification Number (EIN) is issued to companies for the purpose of overseeing financial activity. An EIN is issued by the Internal Revenue Service (IRS) and it may be applied for by completing a short Online Application or through the filing of Form SS-4. Once obtained, the LLC will be able to do the following:

    • Hire employees
    • Apply for financing
    • Acquire company credit cards

    (Video) How to Make an LLC Operating Agreement in Kansas