Kansas Foreign Registration / Delaware

Bringing a Delaware LLC into Kansas: costs and dates

A Delaware LLC registering in Kansas pays $115 to Kansas and keeps paying Delaware's $400 tax by June 1, which makes $515 in the first year before our fee. Kansas asks for no certificate from Delaware, which saves the Delaware good standing fee, but the Kansas form still has you swear that the LLC is in good standing there. Delaware good standing depends on that yearly tax.

Two states side by side

Point	Delaware	Kansas
Entry	The LLC already exists	Form FA, $115
Home paper	None needed for Kansas	A sworn good standing statement on the form
Recurring payment	$400 tax by June 1	Information report, $90 online
How often	Every year	Every second year, by April 15
If late	$200 penalty added to the tax	$85 one-time penalty when reports are filed after forfeiture

What the sworn statement means for a Delaware LLC

On the Kansas form the signer declares, under penalty of perjury, that as of the day of filing the foreign business exists in good standing under the laws of its home jurisdiction. For a Delaware LLC, the yearly tax is the first thing to settle. An LLC that has not paid cannot get other Delaware filings accepted, and one that never pays can drop off the register. Pay the tax before anyone signs the Kansas form.

Do you still need a Delaware certificate?

Kansas does not ask for one, so the Delaware certificate fee ($50 for the short version) stays unspent.

What a late Delaware tax adds

A Delaware tax unpaid after June 1 draws a $200 penalty, and interest of 1.5 percent a month accrues as well. A lapse in Delaware turns into a Kansas problem because the Kansas statement of good standing would no longer be true.

Filling in Form FA from Delaware facts

Use the exact name from the Delaware record in section 2, Delaware as the jurisdiction in section 3 and the Delaware formation date in section 7. If the LLC can create series under its home law, it ticks the series box and completes section 9. Your Delaware agent stays in Delaware; section 4 needs a different resident agent at a Kansas street address. Section 8 takes a sentence or two on the Kansas work, and section 6 stays empty if the LLC starts at filing. One authorized person signs section 10, and the office does not ask the signer to prove that authority before it files the form.

Setting the first Kansas report year

The year of registration fixes the Kansas cycle. The parity of the registration year carries forward: an even year gives reports in every even year, an odd year gives reports in every odd year.

Two calendars

Delaware wants its tax by June 1 yearly; Kansas wants its information report by April 15 on alternate years, the parity fixed by your registration. The dates never coincide and the penalties differ, so one calendar and one owner is the safest arrangement.

First-year total

Add $115 for Kansas to $400 for Delaware and the year costs $515. The Kansas report comes later, in the matching even or odd year, at $90 online. Without Delaware's tax, Kansas by itself is the registration plus a report every second year.

Example: a design studio near Kansas City

Take a Delaware LLC that runs a small design studio in Overland Park for clients across the Kansas City area. In May it pays Delaware's tax, lists a local business as its Kansas agent, fills in Form FA with a blank start date and mails it with a check for $115. It then waits for the certified copy. Delaware's tax comes due again the next June, and Kansas does not ask for anything further until the report year that matches its registration.

Parents and subsidiaries

A Delaware parent that merely owns a Kansas subsidiary does not register because of it, and a Kansas-formed subsidiary has nothing to register as a foreign entity. A Delaware LLC registers when its own work in Kansas calls for it. See the doing-business test.

Registering a Delaware LLC in Kansas

Settle Delaware first
The $400 yearly tax falls due June 1.
Choose a Kansas agent
With a Kansas street address.
Check the name
Use the Kansas name availability search.
Complete and sign Form FA
The signer swears to good standing.
Mail it
$115 by check or card.
Calendar both states
Delaware June 1; Kansas April 15, every second year.

Delaware questions

Does Kansas require a Delaware good standing certificate?

No. A signer vouches for standing on the Kansas form instead, under penalty of perjury.

Does registering in Kansas change what I owe Delaware?

No. The $400 Delaware tax is still due June 1.

Must I keep two agents?

Yes. Kansas wants a resident agent of its own, separate from the Delaware one.

Our fee and the state's

Kansas's fee is a separate line at checkout and is the same for every kind of business. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.

Register in Kansas

$199

+ $115 Kansas fee

Form FA, the Application for Registration, Foreign (non-Kansas) Business, completed from your answers
The sworn good standing statement the form carries, ready for an authorized person to sign
A Kansas resident agent and registered office: ours, or the ones you already use
The packet mailed with payment, and the certified copy Kansas returns passed on to you
Renewal: after the first year, the agent service renews at $149 a year

Sources

Already working in Kansas?

Tell us the month you began and we price any back reports with the registration.