How to form a corporation in Kansas
Starting a corporation in Kansas is more manageable than many business owners expect. The sections below outline the key steps involved in forming a corporation in Kansas and getting your business legally established.
1. Choose your corporation type
Kansas allows several corporate structures, with C corporations and S corporations being the most common. Depending on your organization’s purpose, you may also consider forming a nonprofit or professional corporation. Selecting the right type early on helps determine how your corporation will be taxed and governed.
2. Decide on a company name
Once you’ve chosen a corporation type, you’ll need to select a name that complies with Kansas naming rules. Your business name must be distinguishable from other registered entities in the state and include an appropriate corporate designator, such as “Corporation,” “Incorporated,” or an approved abbreviation. Many business owners run a Kansas corporation search to confirm name availability before filing. Corporate Creations can run a business name search and reservation on your behalf.
3. Get a registered agent
Every corporation in Kansas is required to appoint a registered agent with a physical address in the state. The registered agent is responsible for receiving legal notices and official correspondence on behalf of the corporation. You may appoint an individual or a professional service provider to fulfill this role. Corporate Creations offers registered agent services nationwide to help businesses stay compliant.
4. Choose an incorporator
Kansas requires the Articles of Incorporation to list an incorporator. This individual or entity is responsible for signing and submitting the formation documents to the Kansas Secretary of State. An incorporator can be a business owner, attorney, or third-party service provider.
5. Issue shares
Corporations must authorize shares of stock as part of the formation process. Kansas allows flexibility in how shares are structured, but certain details must be clearly defined in your formation documents. Key considerations include:
- You must authorize at least one share of stock.
- If multiple classes of stock are authorized, the rights and preferences for each class must be specified.
Consulting with legal or financial advisors is recommended to ensure share issuance aligns with Kansas law and your long-term business goals.
6. File the Articles of Incorporation
The final step is filing the Articles of Incorporation with the Kansas Secretary of State. Filings may be submitted online or by mail, depending on your preference. Once the state approves your filing, your corporation in Kansas is officially formed. After incorporation, additional steps, such as drafting bylaws and holding initial meetings, help complete the setup process.
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