Starting a 501(c)(3) nonprofit in Kansas is easy — and the first task is filing your Articles of Incorporation. This guide will walk you through the 13 steps required to file the Articles of Incorporation to officially start a nonprofit in Kansas.
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Getting Started
To start a domestic nonprofit corporation in Kansas, you must file the Articles of Incorporation. This guide covers each step you must take to fill out this document successfully and get on the right track to forming a Kansas nonprofit.
Step 1: List Your Nonprofit’s Name
Step 2: Choose a Resident Agent
Step 3: Provide Your Nonprofit’s Mailing Address
Step 4: Confirm a Tax Closing Month
Step 5: Describe Your Nonprofit’s Purpose
Step 6: Provide Capital Stock Information
Step 7: Confirm Conditions of Membership
Step 8: List Your Incorporator Information
Step 9: Name Your Initial Board of Directors
Step 10: Establish Your Nonprofit’s Duration
Step 11: Choose an Effective Date for Your Filing
Step 12: Provide Any Additional Attachments
Step 13: File Formation Documents
(Check out our other guides for a look at how to start a nonprofit organization or how to file articles of incorporation in other states.)
Step 1: List Your Nonprofit’s Name
The first step to filling out the Kansas Articles of Incorporation is to list your organization’s name. If you haven’t gone through the process of establishing a name for your organization, here are the requirements for naming a nonprofit in Kansas:
- Your nonprofit’s name must be distinguishable from any other name on record within the state of Kansas, including any reserved names.
- Your nonprofit’s name must include one of these words or abbreviations: “association,” “church,” “college,” “company,” “corporation,” “club,” “foundation,” “fund,” “incorporated,” “institute,” “society,” “union,” “university,” “syndicate,” “limited,” “Co.,” “Corp.,” “Inc.,” or “Ltd.”
Recommended: For a step-by-step guide to naming your nonprofit corporation in Kansas, read our guide on How to Name a Nonprofit in Kansas.
Search the Availability of Your Name
After selecting potential names — ideally, at least four or five — it’s important to search for their availability in your state. You can do this by conducting the four recommended searches outlined below, or use our 501(c)(3) Lookup Table.
Kansas Business Entity Search
To operate in Kansas, a nonprofit corporation must have a unique name. You can easily check if your chosen name is available by performing a search using the Kansas Business Entity Search Station tool.
Domain Name Search
We strongly recommend that you also check to see if your business name is available as a web domain (URL). Even if you don’t plan to create a business website today, you may want to buy the web address to prevent others from acquiring that domain name. It’s a free search.
Federal Trademark Search
You can easily check if someone already trademarked your chosen nonprofit name by using the federal Trademark Electronic Search System. This is important even if you don’t plan to form your nonprofit right away.
Once you confirm that no one else already trademarked your chosen name, you can apply for a trademark for your nonprofit.
Web and Social Media Search
A strong social media presence will play a key role in expanding your reach to potential donors as well as clients that will use your services. That makes it important to search the web and popular social media platforms for your desired name before registering it to ensure it’s available on all the platforms where you plan to promote your organization.
Step 2: Choose a Resident Agent
A resident agent, also known as a registered agent in most states, is required to file the Articles of Incorporation in Kansas. Either a Kansas resident or a business with a physical address within the state may fill this role. A resident agent’s responsibilities include accepting and forwarding service of process documents for the corporation as well as serving as a point of contact for the entity. Your corporation can’t serve as its own resident agent.
Requirements for this section include:
- The name of your chosen resident agent
- The street address of your chosen resident agent (this can’t include a P.O. Box)
Recommended: Using an affordable registered agent service offers many benefits. For more information on choosing a registered agent service, read our full guide.
Step 3: Provide Your Nonprofit’s Mailing Address
In article three, enter the mailing address you want to use to receive official mail from the Kansas Secretary of State’s office.
Step 4: Confirm a Tax Closing Month
December is the default tax closing month. If you want to choose a different month, we recommend that you consult your accountant first.
Step 5: Describe Your Nonprofit’s Purpose
In article five, describe your nonprofit’s purpose. It must include one or more of the following characteristics for your nonprofit to be eligible for 501(c)(3) status:
- Charitable
- Religious
- Educational
- Scientific
- Literary
- Testing for public safety
- Fostering national/international amateur sports competition
- Preventing cruelty to animals/children
Step 6: Provide Capital Stock Information
Check the “no” box in article six to confirm your nonprofit won’t issue capital stock.
Step 7: Confirm Conditions of Membership
Confirm whether or not your nonprofit’s bylaws will fix its conditions of membership by checking either the “yes” or “no” box. If you check “no,” then state the conditions of membership in the space provided.
Step 8: List Your Incorporator Information
An incorporator is any person who participates in the completion and submission of the Articles of Incorporation. You must list the name and address of each incorporator in article eight. If your nonprofit has more than two incorporators, attach an additional sheet of paper with their information.
Step 9: Name Your Initial Board of Directors
In article nine, name your initial board of directors along with a mailing address for each. In order to qualify for 501(c)(3) status, you must list at least three directors. Because the form only provides space for two, you will need to include an attachment with the name and address of one or more directors.
When listing your nonprofit’s initial board of directors, follow these requirements:
- Don’t include any prefixes, such as “Mr.” or “Ms.”
- If applicable, use titles of lineage.
- If applicable, use designations like “M.D.” or “Ph.D.”
For a complete guide to forming your nonprofit’s board of directors, read our How to Develop a Board of Directors for a Nonprofit in Kansas article.
Step 10: Establish Your Nonprofit’s Duration
Most incorporators don’t have a specific duration in mind for their nonprofit corporations when filing formation documents. If you do have a specific duration in mind, enter the date your nonprofit corporation will cease in article 10. Otherwise, simply check the “perpetual” box.
Step 11: Choose an Effective Date for Your Filing
Choose if you want your filing to go into effect immediately upon its approval or at a later date.
Note: Your future effective date must be within 90 days of the filing.
Step 12: Provide Any Additional Attachments
In order to qualify for 501(c)(3) status, you must include some additional statements in your Articles of Incorporation. Because the Kansas formation document doesn’t include a section related to asset distribution upon dissolution, use an attachment to describe how your nonprofit corporation’s assets will be distributed upon its dissolution.
Distribution of assets upon dissolution must be for approved, tax-exempt purposes only. For more information about the requirements of dissolution and 501(c)(3) status, refer to the sixth section of the Internal Revenue Service’s (IRS’) suggested language for corporations and associations.
Step 13: File Formation Documents
There are four ways to file your Articles of Incorporation in Kansas: online, by mail, by fax, or in person.
File the Kansas Articles of Incorporation
OPTION 1: File Online With the Kansas Business Filing Center
– OR –
OPTION 2: File by Mail, by Fax, or in Person
Fee: $20
Filing Address:
Kansas Secretary of State
Memorial Hall, 1st Floor
120 S.W. 10th Ave.
Topeka, KS 66612-1594
Fax: (785) 296-4570
Note: Fax filings will require an additional $20 processing fee
Frequently Asked Questions
How do I start a 501(c)(3) in Kansas?
To start a 501(c)(3) organization in Kansas, you must file the Articles of Incorporation with the Kansas Secretary of State following these IRS guidelines.
Once the state of Kansas processes your formation documents, you may then complete the application process for 501(c)(3) status with the IRS.
How much does it cost to start a nonprofit in Kansas?
The fee required to file the Articles of Incorporation for a domestic nonprofit corporation in Kansas is $20 ($40 if filing by fax).
How do I find nonprofits in Kansas?
Use our handy Kansas 501(c)(3) Lookup Table to find nonprofits in Kansas. You can use this tool to see if your preferred nonprofit name is in use or not.
Kansas Nonprofit Quick Links
IRS: Information for Charities and Nonprofits
IRS: Charity – Required Provisions for Organizing Documents
IRS: Form 990 Series for Tax-Exempt Organizations
IRS: Applying for Tax-Exempt Status
IRS: 501(c)(3) Compliance Guide
US Small Business Administration: Apply for Licenses and Permits
State of Kansas: Business Filing Center
Kansas Secretary of State
Kansas 501(c)(3) Lookup Table