Kansas nonprofit organizations will likely need to appoint and retain a registered agent.
A registered agent receives all official paperwork from the State of Kansas, they also receive any service of process a business may be served in a lawsuit.
Choosing a registered agent for your 501(c)(3) nonprofit is the second step in our complete guide, How to Start a Nonprofit in Kansas.
Check out our other guides for a look at How to Start a Nonprofit Organization or How to Choose a Registered Agent in other states.
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What Is a Kansas Resident Agent?
The Kansas Business Entity Standard Treatment Act, Section 17-7925, defines resident agents in the following way:
(a) Every covered entity shall have and maintain in this state a resident agent, which agent may be either:
(1) The covered entity itself;
(2) an individual resident in this state;
(3) a domestic corporation, a domestic limited partnership, a domestic limited liability partnership, a domestic limited liability company or a domestic business trust; or
(4) a foreign corporation, a foreign limited partnership, a foreign limited liability partnership, a foreign limited liability company or a foreign business trust.
(b) Every resident agent for a covered entity shall:
(1) If a domestic entity, maintain a business office identical with the registered office which is generally open, or if an individual, be generally present at a designated location in this state at sufficiently frequent times to accept service of process and otherwise perform the functions of a resident agent;
(2) if a foreign entity, be authorized to transact business in this state;
(3) accept service of process and other communications directed to the covered entity for which it serves as resident agent and forward the same to the covered entity to which the service or communication is directed; and
(4) forward to the covered entity for which it serves as a resident agent documents sent by the secretary of state.
Putting It Into Practice
A resident agent is a professional who will serve as your organization’s representative to the Kansas Secretary of State while you operate your business. Some states refer to resident agents as registered agents, statutory agents, or service of process agents.
Your resident agent typically will receive correspondence, such as compliance information and tax notifications, on behalf of your organization. Resident agents also are in charge of accepting service of process documents. This simply means your resident agent will accept the legal summons and documents on your nonprofit’s behalf in the event someone sues your nonprofit.
In Kansas, the requirements for resident agents include:
- They may be domestic or foreign individuals or business entities.
- Individuals must be Kansas residents that are at least 18 years of age.
- Business entities must be registered to operate in Kansas.
- They must have a physical address (not just a P.O. box) in Kansas.
- They must always be available at said physical address during regular business hours.
Can I Be My Own Resident Agent in Kansas?
Any individual can serve as your nonprofit’s resident agent as long as they meet the requirements listed above. You may choose to act as your nonprofit’s resident agent; you may also select a member of your board of directors or a reliable friend.
If you choose to act as your organization’s resident agent, you must understand the importance of this position. If you miss a filing deadline or lose a document, you could put your nonprofit’s compliance status at risk and the Secretary of State could revoke your nonprofit’s corporation status.
Many nonprofits and other businesses choose to hire a professional registered agent service to ensure their organization remains in compliance at all times.
Should My Nonprofit Use a Kansas Registered Agent Service?
Before you decide to hire a Kansas registered agent service, be sure to consider the advantages and disadvantages of this approach.
Advantages
You might consider hiring a registered agent service for your nonprofit organization for several reasons. Specifically, this approach can:
- Save You Time: When you first start your Kansas nonprofit, you need to focus on doing everything you can to make it successful. Hiring a registered agent service will allow you to focus on what’s important while the registered agent service takes care of all incoming mail and official notices. In addition, they’ll often remind you of upcoming important filings or deadlines.
- Protect Your Personal Privacy and Your Business’s Reputation: Unfortunately, at some point in time, your organization may face a lawsuit. When you hire a professional registered agent service, all service of process notices will be delivered to a business address. If you act as your own resident agent, law enforcement agents could deliver these notices to your home or your place of work, depending on the address on file.
In addition to protecting your privacy and your business’s reputation, registered agent services are accustomed to receiving and properly handling this legal paperwork. This will help ensure your organization doesn’t lose a lawsuit on a technicality because you forgot to file something on time or you mishandled something due to not knowing how the legal system works. - Ensure Prompt Handling of Your Business Mail: Because a registered agent service’s primary job is to serve as a resident agent for a number of organizations, you can be sure they’ll address any mail they receive promptly. In addition, they’ll be available during their normal business hours to answer any questions you might have about these documents.
- Keep Your Nonprofit Compliant: You must ensure your nonprofit remains compliant with the requirements set forth by the State of Kansas and the federal government (if you successfully apply for 501(c)(3) status). Hiring a registered agent service will help ensure you don’t miss a single filing.
- Offer Convenience: Resident agents are required to be present at their listed address during business hours. That means hiring a registered agent service will allow you to take off work as needed and choose a flexible working schedule if desired.
- Provide National Support: If you think you may want to grow your organization nationally, choose a national registered agent service so it can continue to support you as your business grows.
Disadvantages
The only disadvantage of hiring a registered agent service is that it costs money, whereas you could act as your own resident agent for free.
Do I Need to Hire a Professional Registered Agent Service?
While hiring a professional registered agent service can be a great idea for several reasons, it becomes essential in some situations. If you answer “yes” to any of the following questions, you should hire a registered agent service for your nonprofit.
- Does your nonprofit keep irregular business hours? As previously noted, your nonprofit’s resident agent must be available at their listed address during standard business hours. If your nonprofit’s operating hours fall outside the standard 9-to-5, you’ll need to hire a registered agent service.
- Do you live out of state? Your nonprofit’s resident agent must be a resident of the state in which your nonprofit is incorporated. If you’re not a Kansas resident, you’ll need to hire a Kansas resident agent to represent your nonprofit.
- Is your nonprofit located in multiple states — or will it be in the future? If your nonprofit currently operates in multiple states — or has plans to do so — you must appoint a registered agent in every state in which it will operate. Because you obviously can’t be in two places at once, it’s essential that you hire a registered agent service.
- Will you operate without a physical address? If you plan to solely operate your nonprofit online, or without a physical address, you won’t have a business address to list on your Articles of Incorporation and other important legal documents. By hiring a registered agent service, you can list their agency’s physical address on all documents.
How Do I Choose a Resident Agent in Kansas?
You must select a resident agent for your Kansas nonprofit when you file your nonprofit’s Articles of Incorporation. The Articles of Incorporation is the primary nonprofit formation document in Kansas.
Nominating a Resident Agent Online
You may file your nonprofit’s Articles of Incorporation and pay the $20 filing fee online through the Kansas Business Filing Center website. When you complete the Articles of Incorporation online, you’ll be able to nominate your nonprofit’s resident agent.
Nominating a Resident Agent by Mail
To form your Kansas nonprofit by mail, download Form AI – Articles of Incorporation, fill it out in its entirety, and submit the original plus one copy (along with the $20 filing fee) to the Kansas Secretary of State. You will list your resident agent’s name and contact details in section 2.
How Do I Change My Nonprofit’s Resident Agent in Kansas?
The Business Entity Standard Treatment Act Section 17-7926 mandates the following for any change of resident agent by the nonprofit:
(a) Any covered entity, by action of its governing body or by any other means set forth in its organic rules, may change the location of its registered office in this state to any other place in this state and the resident agent may be changed to any other person described in K.S.A. 2021 Supp. 17-7925(a), and amendments thereto. A certificate certifying the change shall be executed and filed with the secretary of state in accordance with K.S.A. 2021 Supp. 17-7908 through 17-7910, and amendments thereto.
Putting It Into Practice
To legally change your Kansas nonprofit’s resident agent, simply fill out Form ROA – Change of Registered Office/Resident Agent and submit it to the Kansas Secretary of State along with the $20 filing fee. You may also submit this change online through the Kansas Business Filing Center website.
Conclusion
When working in a nonprofit environment, you have more important things to focus on than checking the mail, filing legal documents, and worrying about remembering compliance deadlines. That’s what a registered agent can do for you. When you hire a professional registered agent service, you can leave these tasks in their capable hands and truly focus on what matters most to your organization.
Frequently Asked Questions
Who can serve as a nonprofit’s registered agent?
In the state of Kansas, anyone 18 years and older may serve as your nonprofit’s resident agent as long as they’re a state resident and available at their listed address during standard business hours during the week. We do, however, recommend all nonprofits use a registered agent service.
How much does a Kansas nonprofit registered agent cost?
Although using a registered agent service can cost your nonprofit between $50 and $300 per year, it will save you time, money, and stress in the long run.
How much does it cost to change my nonprofit’s registered agent?
Changing your Kansas nonprofit’s resident agent with the Secretary of State costs $20.
What is a statutory agent?
A statutory agent is another name for a registered agent.
What is a resident agent?
A resident agent is another name for a registered agent. Kansas refers to its registered agents as resident agents.
What is a service of process agent?
A service of process agent is another name for a registered agent.
What does service of process mean?
Service of process simply means receiving legal documents, such as a court summons. A court summons is a document that requires a representative of your organization to appear before a judge because of a pending lawsuit.
What is the difference between a commercial registered agent and a noncommercial registered agent?
Most states require nonprofit owners to provide their nonprofit’s registered agent’s name and address when forming your nonprofit. In some states, you will be asked whether you are electing a commercial or noncommercial registered agent. Some states refer to professional registered agents as commercial agents and individual agents as noncommercial.