The short answer is no.  The state of Kansas does not legally require a lawyer to form a Kansas Corporation.

Our detailed Incorporation Information page may help you understand some of the implications of forming a Kansas Corporation.  However, if there is anything about Incorporating in Kansas that you're not sure about you should seek the advice of a competent Kansas lawyer, a Kansas accountant, or both before you Incorporate in Kansas. 

Once you have made the decision to Incorporate in Kansas, a Kansas lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new Kansas Corporation.

You are not legally required to reserve a Company Name for a new Kansas Corporation before you submit your application to Incorporate in Kansas.

Whether or not you need to reserve a company name for your new Kansas Corporation depends entirely on your business situation.  The Kansas Secretary of State uses names on a first come first served basis.  So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Kansas Company Name.

If the Name you have chosen for your new Kansas Corporation is already in use by a currently active Kansas Corporation or LLC, and you still want to use that Corporation Name, then you will have to register a DBA Name with the Kansas Secretary of State.  "DBA" is an abbreviation for "Doing Business As." We verify that the Name you have chose for your new Kansas Corporation is available before we submit your Incorporation filing to the Kansas Secretary of State.  If necessary we can register a DBA Name in Kansas for you so that you can open your new Kansas business as quickly as possible.

1. Choose a name for your Kansas Corporation
   
   Your Kansas Corporation name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the Kansas Corporation name that you choose must be distinguishable from the name of any other registered Kansas Corporation or other business entity and the name must also be different from any reserved names on record with the state of Kansas.  Your Kansas Corporation name must not imply that it was formed for a purpose other than that stated in your Articles of Incorporation; and your Kansas Corporation name must not be a name that is likely to mislead the public.
   
   The name of a Kansas Corporation must include the word "Corporation" or "Incorporated" or an abbreviation of one of these words.
   
   It's important to choose a good name for your Kansas Corporation because if you want to change it after you incorporate you will have to file amended Articles of Incorporation with the Kansas Secretary of State (and pay a fee). We will:
   • Check to make sure that your Kansas Corporation name is available
   • Make sure your Kansas Corporation name conforms to state of Kansas regulations
   • Reserve your Kansas Corporation name with the Kansas Secretary of State
2. Select an official address and a Registered Agent for your Kansas Corporation
   
   Every Kansas Corporation must have an address that is physically located in the state of Kansas.  This address is "registered" with the Kansas Secretary of State.  The Registered Address is where official and legal correspondence can be delivered.
   
   The individual or company that is registered with the state of Kansas to receive all correspondence on behalf of the Kansas Corporation is called a "Registered Agent".  You may act as your own Registered Agent, however, many Kansas Corporations hire a Registered Agent because they don't have a physical address within the state of Kansas or to provide a distinct level of privacy.
   We can act as the official Registered Agent for your Kansas Corporation.
3. Choose a Board of Directors for your Kansas Corporation
   
   All Kansas Corporations are required to have a Board of Directors.  Directors are the people who will set policies for your Kansas Corporation and manage the business and its resources.  In the majority of small corporations directors are the owners. The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors. 
   
   The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders. One of the most important duties of the Board of Directors is electing Officers for your Kansas Corporation.  The same person may be a Director and an Officer at the same time.  Directors need not be residents of the state of Kansas or shareholders of the Kansas Corporation unless the Articles of Incorporation or Bylaws require it.
   
   Normally Directors for your Kansas Corporation are elected for a term of one year.  Elections are held at the annual meeting of Shareholders.  The Directors serve until the next annual Shareholders meeting.
   
   
4. Decide who will be Officers for your Kansas Corporation
   
   The Board of Directors elects Officers for your Kansas Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.  Officers serve at the pleasure of the Board of Directors of the Kansas Corporation.  Officers handle the day to day operation of the Kansas Corporation.
   
   Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a Kansas Corporation the same person may hold more than one Corporate Office at the same time.  However, there are certain legal affairs in which the same person cannot act in more than one capacity.
   
   One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings and for authenticating records for the Kansas Corporation. 
   
   
5. Determine how you want your Kansas Corporation to be taxed
   
   The Kansas Corporate Income Tax Rate is variable depending on the annual net income of the Kansas Corporation.  Kansas Corporate Income Tax Rates vary from 4 to 7.05%.   You may form an S Corporation in Kansas.  S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any Kansas Corporate Income Tax.
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Kansas Corporation and include it with your Incorporation documents.
   
   Click here for more Kansas Corporate Tax Information
6. File Articles of Incorporation with the Kansas Secretary of State
   
   In order to form a Corporation in Kansas you must file Articles of Incorporation with the Kansas Secretary of State.  The Articles of Incorporation must include certain specific information about your Kansas business. If the Articles do not conform exactly to state of Kansas requirements they will be rejected.  You may subsequently amend the Articles of Incorporation for your Kansas Corporation but you will have to pay a fee to the state of Kansas in order to make the changes official.
   
   
7. Get a Federal Employer Identification Number (FEIN)
   
   A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a business entity.  An FEIN is like a Social Security Number for your Kansas Corporation.  All Kansas Corporations are required to have an FEIN.
   We can obtain an FEIN for your Kansas Corporation.
8. Issue Stock Certificates to the Initial Shareholders
   
   Corporate stock is evidence of ownership of a Kansas Corporation.  When you form your Kansas Corporation, you will need to determine what type of stock and the number of shares of each type that you want to authorize.  You do not have to sell the number of shares that are authorized.  Many small Kansas Corporations hold 100% of the shares.
   
   Stockholders in a Kansas Corporation are entitled to voting rights or dividends of the Corporate profits or both.  Whoever owns over 50% of the stock of the Kansas Corporation is able to make all Corporate business decisions.  Kansas Corporations usually hold at least 51% of the corporate stock in order to retain control of the Kansas Corporation.
   

1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
   
   The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.  Bylaws are the internal rules of your Kansas Corporation.  They are adopted by the Board of Directors and vary widely from Corporation to Corporation.  Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and Shareholders are to be conducted; what Officers the Kansas Corporation will have and a description of each of their duties. 
   
   As your company grows over time, you may amend your bylaws as necessary.  Bylaws generally cannot be amended by the Board of Directors unilaterally.  A vote by the majority of Stockholders of the Kansas Corporation is usually required to amend the Corporate Bylaws.  Bylaws may include any rules for managing the business and conducting corporate affairs.  Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or Kansas law or the Kansas Corporation's Articles of Incorporation.  A copy of the Corporate Bylaws should be maintained at the Corporation's principal Kansas office.
   
   
2. Open a Business Bank Account in Kansas
   
   It's very important that you have a separate business bank account for your Kansas Corporation.  Mixing personal and business funds can get you in a lot of trouble with the tax man down the line.  It's a good idea to contact the bank before you open a business bank account.  Specific requirements vary from bank to bank.
   
   
3. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a Kansas Corporation doesn't take the place of obtaining a business license, tax registration certificate, or other required business permits.  A Kansas Corporation merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your Kansas Corporation you may need to get one or more city business licenses or permits.  The business licenses or permits that are required for your Kansas Corporation vary depending on your business activities and the specific locations within the state of Kansas in which you want to conduct business.
   
   If your Kansas Corporation will be selling products in Kansas you may be required to obtain a Reseller's Permit from the appropriate Kansas state agency.  If your Kansas Corporation will be selling products in Kansas you will also be responsible for all applicable local and state of Kansas sales taxes if there are any.
   
   We can research and prepare the necessary forms for your required business licenses and permits and include them in your Kansas Incorporation package.
   
   
4. Hold Meetings of Shareholders and Directors of each year
   
   Every Kansas Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting on file.  A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.  The minutes of each meetings must be open for inspection by any Shareholder or Director.  This meeting requirement is often overlooked and comes into play when the Kansas Corporation is challenged for any reason.  Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your Kansas Corporation a lot of potential trouble.
   
   We can transcribe the minutes of any meeting of your Kansas Corporation into a form that complies with all state of Kansas requirements.
   
   
5. File the required Kansas Professional Corporation reports
   
   The Kansas Secretary of State does not have any Initial Annual Report requirements for new Kansas Corporations.
   
   Every Kansas Corporation is required to file a Corporation Annual Report with the Kansas Secretary of State EACH year.
   
   The Kansas Corporation Annual Report is due at the KS Secretary of State EACH year 3 and one-half months after the close of the Kansas Corporation's fiscal year.
   
   For example, if the end of the Kansas Corporation's fiscal year is Dec 31 then the KS Corporation Annual Report is due at the Kansas Secretary of State EACH year by April 15.
   
   In addition to the Kansas Corporation Annual Report which must be files with the Kansas Secretary of State, all Kansas Corporations must file a K-150 form with the Kansas Department of Revenue.
   
   If a Kansas Corporation does not file its Corporation Annual Report with the KS Secretary of State by the due date that Kansas Corporation may be subject to administrative dissolution by the Kansas Secretary of State.
   
   
   We can fill out and file any Annual Report with the Kansas Secretary of State after your Kansas Professional Corporation gets going.
   
   
   
6. Keep proper records of your Kansas Corporation on file
   
   Keep the following records on file and available at the principal business office of your Kansas Corporation:
   • Names and addresses of all Directors and Officers of the Kansas Corporation
   • Articles of Incorporation for the Kansas Corporation and any Amendments to them
   • Corporate Bylaws for the Kansas Corporation and any Amendments to them
   • List of current shareholders of the Kansas Corporation.  If shareholders change, keep a record of old shareholders and how stock was transferred.
   • Minutes of all Meetings of Shareholders and Directors
   • Copies of any Corporate Resolutions which have been adopted by the Kansas Corporation
   • Copies of all tax returns and Annual Reports for the Kansas Corporation for the last 3 years

In order to Incorporate in Kansas you'll need the following information about your new Company:

• The name of your new Kansas Corporation along with your second choice of a name in case the name that you want is not available
  
• Physical address of the Corporation office in Kansas (not a PO Box)
  
• Name and address of your Kansas Registered Agent (not a PO Box)
  
• A description of the nature of the business you are planning to operate with the Kansas Corporation
• The yearly tax closing month of the Kansas Corporation
• When the Kansas Corporation will start and when it will cease to exist (normally the Corporation starts on the date the application is filed and will exist perpetually)
• Names and addresses of the initial Directors of the Kansas Corporation
• The number of shares of stock that the Kansas Corporation will be authorized to issue
• The par value of the shares which the Kansas Corporation will be authorized to issue

Remember - ALL the information that you provide when you Incorporate in Kansas becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Corporation in Kansas.

Processing times for new Kansas Corporation applications vary depending on the work load of the Secretary of State's staff.  We've found that normal processing of new Kansas Articles of Incorporation takes the state around 2-3 business days.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your Kansas LLC.

We are dependent on, and have no control over, the staff and systems of the Kansas Secretary of State.

In our experience 2-3 business days is the time it usually takes the Kansas Secretary of State to process a new Kansas Corporation application. We get your Kansas Corporation application to the KS Secretary of State ASAP. Once it is at the state we have no control over the new Kansas Corporation application process.

The Kansas Secretary of State does not offer any expedited filing options for new Kansas Corporation filings.

The state of Kansas charges $105.00 to Incorporate in KS.  This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the KS Secretary of State.  If you choose All Business Documents to help you Incorporate in Kansas our processing fees are $125.00.  We start processing your new Kansas Corporation order as soon as we get it.

Total cost includes:

• KS Name Check and Reservation
• Prepare Articles of Incorporation
• File Articles of Incorporation with the Kansas Secretary of State
• Certified Copies of Articles
• Kansas Corporation Checklist
• Priority Mail Delivery
• Unlimited Customer Support

Generally, if you are required to obtain some kind of license before you can market your skills in the state of Kansas then you will most likely need to form a Kansas Professional Corporation.

Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional Corporation with the Kansas Secretary of State.

Depending on exactly what it is that you want to do in Kansas, approval from a specific Kansas state agency or board may be required before the KS Secretary of State will approve a new Kansas Professional Corporation filing.  This could add to the total processing time for a new Kansas Corporation.

You want to do business in the state of Kansas but are registered as a Domestic Corporation in another state.  In order to legally conduct business in the state of Kansas you must register with the Kansas Secretary of State as a Kansas Foreign Corporation.  The process of registering as a Foreign Corporation in the state of Kansas is called Kansas Corporation Foreign Qualification. 

The process of Kansas Corporation Foreign Qualification is similar to the process of forming a Domestic Corporation in the state of Kansas.  Your original formation documents (usually called Articles of Incorporation) and Corporate Bylaws apply to your Kansas Foreign Corporation.  The Board of Directors and Officers of your Domestic Corporation have the same roles in the Kansas Foreign Corporation.