Free Kansas LLC Operating Agreement Template

A Kansas LLC operating agreement is a legal document that governs how your limited liability company operates. It defines ownership percentages, management duties, and internal decision-making processes.

While Kansas does not legally require LLCs to have an operating agreement, creating one is strongly recommended. It clarifies the relationship between members, strengthens your company’s liability protection, and prevents potential legal disputes.

LLC operating agreements in Kansas are governed under Chapter 17, Article 76 – Limited Liability Company Act:

• KS Stat § 17-7672: Interpretation and enforcement of operating agreement.
• KS Stat § 17-7687: Classes; voting; meetings of members; amendment of operating agreement.
• KS Stat § 17-7691: Remedies for breach of operating agreement by member.
• KS Stat § 17-7696: Remedies for breach of operating agreement by manager.
• KS Stat § 17-76,134: Construction and application of act and operating agreement.

LLC Formation Costs in Kansas:

• Articles of organization filing fee: $165 by mail or $160 online.
• Name reservation fee: $30 online or $35 paper filing fee.
• Annual report filing fee: The biennial fee is $100 online or $110 by mail.

For the most current fees, check with the Kansas Secretary of State.

Follow these steps to form your LLC and draft your operating agreement in Kansas:

1. Choose a name for your LLC: Select a unique and compliant name for your business. It must not mislead or imply government affiliation. Restricted words like “bank” or “university” may require special licensing or approval. Use the Kansas business search tool to check name availability, and consider reserving your name for extra protection.
2. Nominate a resident agent: Appoint a Kansas resident agent to handle legal notices and correspondence for your LLC. The agent can be an individual resident or a registered business entity authorized to operate in Kansas.
3. File the Articles of Organization: Submit your articles of organization to the Secretary of State either online or by mail to officially form your LLC.
4. Create your LLC operating agreement: Although not required by law, an operating agreement clearly defines each member’s rights, responsibilities, and ownership share. It protects personal assets by separating them from business liabilities.
5. Get an Employer Identification Number (EIN): Apply for an EIN through the IRS website. You’ll need it to open business bank accounts, hire employees, and file federal or state taxes.
6. Maintain compliance: File your annual report with the Kansas Secretary of State and stay current with business licensing and tax obligations. For federal compliance, refer to the US Small Business Administration (SBA).