In the United States, just because you are registered to do business in one state does not mean that you can legally do business in another state.  If you want to transact any serious business in a state other than the state in which your LLC is registered, most likely you will have to register with the state in which you want to do business before you can legally conduct business there. 

For example, a LLC that is registered in California wants to do business in Kansas.  The California LLC is a "Domestic" LLC in California and will be a "Foreign" LLC in Kansas.

The California LLC needs to register with the Kansas Secretary of State as a Kansas Foreign LLC.

The use of the term Foreign in this case refers specifically to individual US states.  The US government, including the IRS, considers a Foreign company to be a company that is registered outside of the United States.

You want to do business in the state of Kansas but are registered as a LLC 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 Foreign LLC.  The process of registering as a Foreign LLC in Kansas is called Kansas LLC Foreign Qualification.

The process of Kansas LLC Foreign Qualification is similar to the process of forming a Domestic LLC in Kansas.  Your original home LLC formation documents (frequently called Articles of Organization) and By Laws apply to your Kansas Foreign LLC.  The Officers and Directors of your home LLC will have the same roles in the Kansas Foreign LLC.  Specific requirements to qualify as a Foreign LLC in Kansas are explained below. 

Once you have made the decision to Qualify as a Foreign LLC 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.

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

Our detailed Foreign Qualification page may help you understand some of the implications of forming a Kansas Foreign LLC.  However, if there is anything about forming a Foreign LLC 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 form a Foreign LLC in Kansas.

Once you have made the decision to form a Foreign LLC 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 Foreign LLC.

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

The LLC name that you have registered in your home state may or may not be available in Kansas.  In that case you need a different name your Kansas Foreign LLC.  Whether or not you need to reserve a company name for your new Kansas Foreign LLC depends entirely on your business situation.  The Kansas Secretary of State uses LLC 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 Foreign LLC Name.

If the Name you have chosen for your new Kansas Foreign LLC is already in use by a currently active Kansas Corporation or LLC 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 Foreign LLC is available before we submit your Foreign LLC 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 Foreign LLC
2. File Registration Documents with the Kansas Secretary of State
3. Determine how you want your Kansas Foreign LLC to be taxed

1. Choose a name for your Kansas Foreign LLC
   
   You can use the same name in Kansas that you use in your home state, however, if the name of your Domestic LLC is not available you need to choose another name.  Your Kansas Foreign LLC 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 Foreign LLC name that you choose must be distinguishable from the name of any other registered Kansas LLC or other business entity and the name must also be different from any reserved names on record with the state of Kansas.  Your Kansas Foreign LLC name must not imply that it was formed for a purpose other than that stated in the Articles of Organization for your Domestic LLC and your Kansas Foreign LLC name must not be a name that is likely to mislead the public.
   
   The name of a Kansas Foreign LLC must include the word "Limited Liability Company" or or the abbreviation "LLC" or "L.L.C.".
   
   It's important to choose a good name for your Kansas Foreign LLC because if you want to change it after you qualify you will have to file amended documents with the Kansas Secretary of State (and pay a fee).
   We will check to make sure that your requested Kansas Foreign LLC name is available and conforms to all state of Kansas Limited Liability Company naming regulations.
2. File Registration Documents with the Kansas Secretary of State
   
   In order to Qualify as a Foreign LLC in Kansas you must file Registration Documents with the Kansas Secretary of State.  In Kansas the registration documents are named "Foreign Limited Liability Company Application".
   
   The registration documents must include certain specific information about your Kansas business.  If the LLC Registration Documents do not conform exactly to state of Kansas Foreign LLC requirements they will be rejected. 
   
   If you need to change any of the information on your registration documents after your Kansas Foreign LLC has been approved, you may amend the registration documents for your Kansas Foreign LLC but you will have to pay a fee to the state of Kansas in order to make the changes official.
   
   
3. Determine how you want your Kansas Foreign LLC to be taxed
   
   The Kansas Corporate Income Tax Rate is variable depending on the annual net income of the Kansas Foreign LLC.  Kansas Corporate Income Tax Rates vary from 4 to 7.05%.  You may choose that your Kansas Foreign LLC is to be taxed as a C Corporation or S Corporation. 
   
   A C Corporation is what you may think of as a traditional Corporation like General Electric or Ford.  C Corporations pay a Corporate income tax to the state if that state taxes Corporations. 
   
   You may choose to have your Kansas Foreign LLC taxed as a S Corporation.  S Corporations "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.
   
   The Corporate Tax structure in the state of Kansas consists of two tax brackets:
   • 0-$50,000 - 4%
   • Over $50,000 - 7.05%
   Kansas Corporations that have $1,000,000 or more of net worth in the state of Kansas must pay a Franchise Tax to the Kansas Department of Revenue.  Kansas Corporations required to pay the Kansas Corporate Franchise Tax must file a return with the Kansas Department of Revenue.  The return must be accompanied by the Kansas Corporation’s balance sheet.
   
   If you form a Single Member Kansas Foreign LLC and do not specify to the IRS how you want to be taxed your Single Member Kansas Foreign LLC will be taxed as a Sole Proprietorship.  If you form a Multiple Member Kansas Foreign LLC and do not specify to the IRS how you want to be taxed your Multiple Member Kansas Foreign LLC will be taxed as a Partnership.
   
   Click here for more Kansas Corporate Tax Information .
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Kansas Foreign LLC and include it with your final Foreign LLC documents.

1. Obtain Business Licenses from the cities and counties in which you plan to do business
2. File the required reports for your Kansas Foreign LLC
3. Keep proper records of your Kansas Foreign LLC on file
4. Pay your taxes to the state of Kansas

1. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a Kansas Foreign LLC doesn't take the place of obtaining a local business license, tax registration certificate, or other required business permits.  A Kansas Foreign LLC 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 Foreign LLC within Kansas you may need to get one or more local business licenses or permits.  The business licenses or permits that are required for your Kansas Foreign LLC 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 Foreign LLC 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 Foreign LLC 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 have the expertise to find out exactly which state and local permits that you need for your specific business.
2. File the required reports for your Kansas Foreign LLC
   
   The Kansas Annual Report includes basic information about your Kansas Foreign LLC including information on your business location as well as the names of the Officers and Directors.
   
   Failure to submit a properly completed Kansas Annual Report to the Kansas Secretary of State on or before the due date may subject the Kansas Foreign LLC to being administratively dissolved in the state of Kansas or having its authority to transact business in the state of Kansas revoked by the Kansas Secretary of State.
   
   Penalties may accrue if you fail to file any Kansas Foreign LLC Annual Report to the Kansas Secretary of State by the due date.
   
   
3. Keep proper records of your Kansas Foreign LLC on file
   
   Keep the following records on file and available at the principal business office of your Kansas Foreign LLC:
   • Names and addresses of all Members and Managers of the Kansas Foreign LLC
   • Foreign LLC formation documents and any Amendments to them
   • Kansas Foreign LLC Operating Agreement and any Amendments to them
   • Copies of any LLC Resolutions which have been adopted by the Kansas Foreign LLC
   • Copies of all tax returns and Annual Reports for the Kansas Foreign LLC for the last 3 years
   
   
4. Pay your taxes to the state of Kansas
   
   Foreign LLCs that either do business in the state of Kansas or that derive income from sources within the state of Kansas are subject to Kansas and federal tax laws.  If you are engaged in intrastate business and derive income from other states besides Kansas, you must allocate the amount of income derived from the state of Kansas in order to determine your Kansas state taxes.

In order to Form a Foreign LLC in Kansas you'll need the following information about your LLC:

• The name of your new Kansas Foreign LLC along with your second choice of a name in case the name that you want is not available
• Physical address of the Foreign LLC office in Kansas (not a PO Box)
• A description of the nature of the business you are planning to operate with the Kansas Foreign LLC
• When the Kansas Foreign LLC will start and when it will cease to exist (normally the Foreign LLC starts on the date the application is filed and will exist perpetually)
• The yearly tax closing month of the Kansas Foreign LLC

Remember - ALL the information that you provide when you Form a Foreign LLC 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 Foreign LLC in Kansas.

Processing times for new Kansas Foreign LLC applications vary depending on the work load of the Secretary of State's staff.  We've found that normal processing of new Kansas Foreign LLC applications 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 new Kansas Foreign LLC.

The Kansas Secretary of State reserves the right to extend expedite periods in time of extreme volume, staff shortage or equipment malfunction.  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 Foreign LLC application. We get your Kansas Foreign LLC application to the KS Secretary of State ASAP. Once it is at the state we have no control over the new Kansas Foreign LLC application process.

The state of Kansas charges $182.00 to Form a Foreign LLC in KS.  If you choose All Business Documents to help you Form your Foreign LLC in Kansas our processing fees are $145.00.  This includes:

• Same day processing in of your new Kansas Foreign LLC order
• KS Name Check and Reservation
• Prepare Foreign Limited Liability Company Application
• File Formation Documents with the Kansas Secretary of State
• Certified Copies of Formation Documents
• Kansas Foreign LLC Checklist
• Priority Mail Delivery
• Unlimited Customer Support