Kansas Foreign LLC Registration: Foreign Application (Form FA), Paper Filing and Resident Agent
Kansas Foreign LLC Registration: Foreign Application (Form FA), Paper Filing and Resident Agent
An LLC formed in another state cannot simply start doing business in Kansas. Kansas requires a foreign LLC to register with the Secretary of State first, and the filing is the Foreign Application (Form FA), which the statute calls an application for registration as a foreign covered entity. This guide walks through the kansas foreign llc registration process: when you must register, what goes on the Form FA, what it costs, how the paper filing works, and what you owe after approval. Kansas applies the same foreign registration statute to every out-of-state entity, so a kansas foreign corporation registration follows the same basic path, though you should confirm entity-specific details with the Secretary of State.
This article is informational content, not legal or tax advice. Your registration obligations depend on your specific activities in Kansas. Talk with a Kansas-licensed attorney or CPA before you file, especially if your company has employees, property or repeat customers in the state.
When a Foreign LLC Must Register
Under K.S.A. 17-7931, a foreign entity must register with the Secretary of State before it does business in Kansas. The deciding question is whether you are doing business here, and Kansas answers part of that question in K.S.A. 17-7932. That statute lists activities that are not doing business, which keeps many out-of-state companies from registering when their Kansas contact is minor.
The activities K.S.A. 17-7932 lists as not doing business include:
- Keeping bank accounts in Kansas
- Selling through independent contractors
- Accepting orders that are approved outside Kansas
- Completing a single transaction within 30 days
- Engaging in interstate commerce
Read this list carefully. It answers only the foreign registration question. It does not decide tax or other regulation. KDOR and KDOL registrations can still apply to a business that does not have to register with the Secretary of State, so a company may need Kansas tax registration even when it is not doing business for registration purposes.
A business with only a Missouri office is a common gray area. If that business does repeat work in Kansas, or keeps staff or property here, ask an attorney whether it is doing business in Kansas. Do not rely on a rule of thumb for this call.
Form FA: What the Foreign Application Contains
The Foreign Application (Form FA, Rev. 3/2/26) is the document that registers your LLC in Kansas. It asks for:
- Your home state and the date your LLC was organized there.
- A statement, made under penalty of perjury, that the LLC is in good standing in its home state.
- The date your LLC began doing business in Kansas, or the date it will begin.
- A Kansas resident agent and registered office.
- Your consent to service of process on the Secretary of State.
Check your home state status before you sign. Because the good standing statement is made under penalty of perjury, a lapsed home registration or an unpaid home-state report can turn a routine filing into a problem.
Fees and Penalties
The table below lists the money items supported by the verified Kansas facts. Confirm each figure on the Secretary of State site before you mail a check.
| Item | Amount | Notes |
|---|---|---|
| Foreign Application (Form FA) | $115 | Filed on paper with the Secretary of State |
| Past-due report penalty | $85, one time | Applies only if information reports are past due |
| Missed information reports | Each report's own fee | Covers up to the last 10 years, filed with the application |
| Name reservation (Form NR) | $35 | Holds a name for 120 days; confirm it is available for a foreign registration |
If your LLC has missed Information Reports, the $85 penalty is a single charge, but it does not replace the reports. You file the missed reports, up to the last 10 years, with the application, and each report carries its own fee. The current LLC Information Report fee is $90 online or $110 on paper. Confirm the fee for each past year with the Secretary of State before you calculate your total.
Name Requirements
Your name must be available in Kansas, and it must include an LLC designator. Under K.S.A. 17-7920, the name must contain L.L.C., L.C., LLC, LC, LIMITED LIABILITY COMPANY or LIMITED COMPANY, in English or in another language written in Roman characters. The Secretary of State checks the name against entities already registered in Kansas. If your name is too similar to an existing one, you have three options:
- File a Consent to Use of Similar Name (Form CN) with your application.
- Provide a letter of advertising under K.S.A. 17-7933.
- Use an altered name for your Kansas registration.
Resident Agent and Registered Office
Kansas calls the registered agent the resident agent. The resident agent must be an individual, a business registered in Kansas, or the entity itself. The registered office must be a Kansas street address where the resident agent can be regularly present. Include the building number, street, city, state and zip code. A PO box does not qualify.
Whenever the resident agent or registered office changes, update the Secretary of State. The same applies when the entity name or address changes. A commercial registered agent service is one option if you do not have a Kansas address or do not want your home address in public records. These services charge a recurring fee that varies by provider, so get a written quote and read the renewal terms before you sign.
Filing on Paper
Form FA is a paper filing, so it is not submitted through the Secretary of State's online portal. Paper filings are processed by mail from the Topeka office. Before you mail the package, check every field against the current form instructions, sign it, and pay the $115 fee by the method the form specifies. Processing time varies, so confirm current turnaround with the Secretary of State if you need the registration by a set date. Do not begin doing business in Kansas until the registration is in place.
After Registration: Ongoing Obligations
Registration is not a one-time event. Kansas expects three things to continue:
- Biennial Information Report. The LLC Information Report (Form ILC) costs $90 online or $110 on paper and is due every two years by April 15. Which years apply depends on your registration date, so confirm your first due year with the Secretary of State. Kansas allows a three-month delinquency window after the due date before forfeiture.
- Kansas tax registration. KDOR business tax registration is free. If you sell taxable goods in Kansas, you also need a sales tax permit. The state sales tax rate is 6.5%.
- Resident agent upkeep. Keep your resident agent and registered office current, as described above.
Kansas taxes LLC income through its members. An LLC is a pass-through entity for state income tax, so members report Kansas income on individual returns at 5.2% on Kansas taxable income up to $23,000 for single filers or $46,000 for married filing jointly, and 5.58% above those thresholds. An LLC taxed as a corporation pays the 3.5% corporate normal tax plus a 3% surtax on Kansas taxable income over $50,000. Ask a CPA which treatment applies to your company.
Local Rules: Cities, Counties and Licenses
Kansas has 105 counties and 624 cities. Every incorporated place is legally a city, so there are no towns or villages to check. A state registration does not cover local rules. Cities and counties may require their own permits, zoning approvals or occupational licenses.
Kansas has no general statewide business license. Registering with the Secretary of State is a filing, not a license. Licensing happens by agency or trade:
- Kansas Department of Agriculture (KDA): food, pesticides and pet animals
- Kansas Department of Health and Environment (KDHE): child care and home health
- Kansas Department of Revenue (KDOR): liquor, cigarettes and dealers
- Kansas Corporation Commission (KCC): motor carriers and oil and gas
- Attorney General: roofing
- Kansas Real Estate Commission (KREC): real estate
- Cosmetology and barbering boards, among others
Contractors are the most common surprise. Kansas has no statewide general contractor, electrician, plumber or HVAC license. Cities and counties license those trades, so check the rules wherever your jobs happen.
Kansas City confusion is also common. Kansas City, Kansas and Kansas City, Missouri are different cities in different states. Only Kansas City, Missouri has a city earnings tax, and Kansas City, Kansas does not. Confirm the city of your address before you assume either rule applies. Kansas also has no state-level DBA filing, so a trade name is not registered with the state; check city and county requirements for it instead.
Withdrawing From Kansas
When your LLC stops doing business in Kansas, file a Certificate of Withdrawal (Form FC) with the Secretary of State. Before you file, confirm with the Secretary of State that your Information Reports are current, and confirm with KDOR that your tax accounts are closed or up to date. Withdrawal does not erase obligations that already came due.
Common Registration Mistakes
- Starting Kansas operations before the registration is in place.
- Listing a PO box as the registered office.
- Assuming your home-state good standing still holds when you sign.
- Skipping past-due information reports, which must then be filed with the application.
- Assuming a Secretary of State registration covers city licenses or tax registration.
Official Resources
- Kansas Secretary of State, Business Services
- Kansas Secretary of State business entity search
- Kansas Department of Revenue, business
- Kansas Department of Revenue, sales tax permit registration
- Kansas Small Business Development Center
Foreign registration is a short form with long consequences if the facts are wrong. Confirm your Kansas activities, your home-state standing, your resident agent and your local licenses before you mail anything. For a company with employees, multiple Kansas locations or an unclear doing-business question, an attorney and a CPA are worth the cost.