How to Register a Business Name in Kansas

Updated: October 1, 2023
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There are a few different ways you can register a business name in Kansas. You can form a separate business entity by starting your business as a Kansas LLC or Corporation. If you operate as a sole proprietor, there isn’t an official way to register your business name because Kansas doesn’t have a process for registration of a “doing business as” (DBA) names. General partnerships can file a General Partnership Statement of Authority with the Secretary of State, however this is not manditory. For additional legal protection of your business name, you can also file a federal trademark.

You should determine your business name and have it registered prior to completing most other business filings, including:

  • Applying with the Kansas Department of Revenue for a sales tax certificate or a Withholding Account Number
  • Registering with the Kansas Department of Labor for an Unemployment Insurance (UI) Account Number
  • Obtaining occupational or professional licenses for state-regulated business activities
  • Receiving a Federal Tax ID (EIN) from the IRS
  • Opening a business bank account

How much does it cost to Register a Business Name in Kansas?

The cost to register a Kansas business name varies depending on the type of registration:

  • Kansas LLC cost: $160
  • Kansas Corporation cost: $90

Steps to Registering a Business Name in Kansas:

  1. Check for Business Name Availability
    2.
  2. Choose a Business Structure
    3.
  3. File your Kansas Business Name Registration
  4. File a Trademark
    5.

1. Check Business Name Availability

Before you dive into registering your name, you must ensure your chosen name is good to go. That means checking if it’s already being used or is too similar to other business names out there. This step is super important because it helps prevent problems like clashes with similar businesses or your Kansas name registration being turned down. To do this properly, you should do three specific types of searches:

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Trademark Search

Your first search should be for federal trademarks. Trademarks registered at the federal level provide the most legal protection. As a result, they override any registrations at the local or federal level, so it’s important to ensure that your name is not trademarked. If the business name you chose is the same or too similar to an existing trademark, come up with a new name.

To search the U.S. Patent and Trademark Office (USPTO) database, visit the Trademark Electronic Search System (TESS) page. Just be advised – the returned results can be overwhelming and hard to understand. Alternatively, you can use Trademark Engine’s Free Trademark Search, which provides results from TESS in an easier-to-use format.

Kansas Business Name Search

After verifying that the business name you want isn’t a registered trademark, it’s time to move on to doing a Kansas business name search. Use the Kansas Business Entity Search Station (BESS) to search the Kansas database of registered businesses.

Make sure you search more than just your exact business name, and you do some searches using either only parts of your name or wildcard characters. This is especially important because your name registration can be rejected if it’s too similar to an existing business.

Pro Tip: Pay close attention to if the business name you want to use was used in the past, even if it’s available now. Registering your business name using a name that was used in the past can cause a lot of problems when you try to get an EIN.

Using a previously registered name will often result in the online assistant rejecting your EIN application and returning reference number 101. This error happens when your name matches or is too close to a name that was already issued an EIN. If a business shows as being previously registered, they were also likely issued an EIN. If you get reference error 101, it will require that you call and fax your formation paperwork to the IRS, which is quite a headache.

Website Domain Search

Once you’ve verified you can use your business name, you should verify the matching website domain name is available. Most businesses will need some online presence, but even if you won’t build a website, you should register your domain name to prevent others from using it. You’ll also need it if you plan on using a matching business email address.

Domain Name and Business Email

You can use Namecheap to verify if your domain name is available. They also offer a business email service that’s free to try for the first 60 days when you purchase a domain.

2. Choose a Business Structure

When starting the process of registering your business name in Kansas, you need to determine which business structure you’ll use. Your choice of business structure has many downline implications for your business and will change the process of how your business is registered. You should choose a business structure that matches the amount of liability risk, tax implications, and financing your business will require. If you can’t decide based on the information below, you can get more guidance by using our guide on Choosing a Business Structure, where you can get more in-depth information.

Recommended Business Structure:

Most new businesses benefit the most by starting as an LLC. You can have as many owners as needed and they provide tax and management flexibility. They have liability protection that sole proprietorships and general partnership lack and aren’t subject to double taxation (corporate income tax) like a corporation.

Consider using an LLC formation service to ensure your filing is completed correctly. Our list of the best LLC services can help you find the one that works best for you.

LLC

A Limited Liability Company (LLC) is a legal entity recognized under Kansas law (Kan. Stat. § 17-76) that shields owners from personal liability for business debts while offering operational flexibility and pass-through taxation benefits.

Learn More: What is an LLC

LLC Pros

  • Personal liability protection
  • Legally separate entity
  • Default pass-through taxation (business income taxed once)
  • Unlimited number of owners (members)
  • Flexible management – can be run by members or non-owner managers
  • Option for S-Corp tax status

LLC Cons

  • Upfront filing costs
  • Ongoing cost and filings to stay compliant
  • Unable to go public

Do you need to register to be an LLC in Kansas?

Yes, if you want to set your business up as an LLC you need to register with the Kansas Secretary of State.

Jump to: Register an LLC Name

Corporation

A corporation is a distinct legal business entity under Kansas law (Kan. Stat. § 17). Stockholders are owners with limited liability. It’s ideal for raising external funds and safeguarding personal finances.

Learn More: What is a Corporation

Corporation Pros

  • Personal liability protection
  • Legally separate entity
  • Unlimited number of owners (shareholders)
  • Easier to raise capital by selling stock
  • Able to go public
  • Option for S-Corp tax status

Corporation Cons

  • Default double taxation
  • Upfront filing costs
  • Ongoing costs and filings to stay compliant
  • Increased record keeping requirements
  • Strict management structures set by law

Do you need to register to be a Corporation in Kansas?

Yes, to obtain legal Corporation status in Kansas, registration with the Kansas Secretary of State is required.

Jump to: Register a Corporation Name

Sole Proprietor

A sole proprietorship is a single-owner venture. Start simply, with minimal red tape. The owner’s personal liability is unlimited, and it can be difficult to get loans, raise capital, and sell the business.

Learn More: What is a Sole Proprietorship

Sole Proprietor Pros

  • Easy and inexpensive to start
  • Simple taxes (business income taxed once)
  • Easy to maintain
  • Complete control for owner

Sole Proprietor Cons

  • Unlimited Liability Risk
  • Hard to raise money and get loans
  • Not separate from owner
  • Difficult to sell business
  • No other tax status options

Do you need to register your sole proprietor business name in Kansas?

No, you are required to register a business name as a sole proprietor in Kansas because there isn’t a formal process to register “doing business as” (DBA) names. If you want to protect your business name, you can register a trademark to have the name legally recognized and prevent others from using it.

Jump to: File a Trademark

Partnership

A partnership has 2 or more owners who join forces sharing in business responsibilities. Each partner has unlimited liability. Income passes directly to partners, who account for their share on personal tax returns.

Learn More: What is a Partnership

Partnership Pros

  • Easy and inexpensive to start
  • Pass-through taxation (business income taxed once)
  • Unlimited number of owners (partners)
  • Shared business responsibilities

Partnership Cons

  • Unlimited Liability Risk
  • Responsible for partners’ actions
  • Hard to raise outside capital
  • Not separate from partners
  • Difficult to sell business
  • No other tax status options

Do you need to register your partnership business name in Kansas?

You don’t need to register your Kansas business name if you operate as a partnership because there isn’t a formal process for registering “doing business as” (DBA) names. You can file an application of authority with the Kansas Secretary of State; however, it’s not mandatory. If you want to protect your business name, you can register a trademark to legally recognize the name and prevent others from using it.

Jump to: File a Trademark

3. File your Kansas Business Name Registration

With your business name confirmed and structure in place, the next move is to register it within Kansas. Select the method that fits the business structure you’ve chosen.

Register a Kansas LLC Name

To establish your Kansas LLC, you’ll be required to submit Articles of Organization (DL 51-09) to the Kansas Secretary of State along with a filing fee of $160. In your Articles of Organization (DL 51-09) you’ll provide details about your business, such as:

  • LLC Name
  • Information about the LLC members (owners) and managers (if applicable)
  • Business Address (Must be a physical address – PO Boxes not allowed)
  • Name and Address of your Resident Agent

Kansas LLC Name Requirements

Kansas LLCs must use a name that follows the naming rules outlined in Kansas law (Kan. Stat. § 17-7920):

  • Must be distinguishable (unique) from all others businesses registered with the Kansas Secretary of State
  • Must clearly denote the business is legally structured as an LLC by including the words “limited liability company” or an abbreviation such as “LLC”
  • Cannot use words or designators associated with Corporations such as “Corporation” “Incorporated” “Corp” or “Inc”
  • Cannot contain words that imply association with a government entity
  • Cannot contain words that are prohibited or require prior approval such as Bank, Banks, Banking, Banc

For more in-depth information check out our How to Start an LLC in Kansas guide, where we cover all the steps needed to form an LLC in full detail.

Want Help Starting a Kansas LLC?

Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a Kansas LLC.

Register a Kansas Corporation Name

To establish your Kansas business as a Corporation, you must submit Articles of Incorporation to the Kansas Secretary of State, which has a fee of $90. Within your Articles of Incorporation filing, you’ll include details about your business, such as:

  • Corporation Name
  • Names and addresses of the board of the directors
  • Number and type of authorized shares
  • Business Address (Must be a physical address – PO Boxes not allowed)
  • Name and Address of your Resident Agent

Kansas Corporation Name Requirements

Corporations in Kansas are required to use a name that follows the rules detailed under Kansas law (Kan. Stat. § 17-7919):

  • Must be distinguishable (unique) from all others businesses registered with the Kansas Secretary of State
  • Clearly indicate the business is legally structured as a corporation by including the words “Corporation” or “Incorporated” or use an abbreviation such as “Corp” or “Inc”
  • Cannot use words or designators associated with LLCs such as “limited liability company” or “LLC”
  • Cannot contain words that imply association with a government entity
  • Cannot contain words that are prohibited or require prior approval such as Bank, Banks, Banking, Banc

Want to Incorporate in Kansas?

If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in Kansas, which covers each step you’ll need to complete to start a Kansas corporation.

4. File a Trademark (Optional)

If you want to protect your business identity, consider filing for a trademark. A trademark can help safeguard your brand name and give you control over it. Unlike state registrations, trademarks offer federal-level protection nationwide.

While you can apply by yourself online, registering a trademark can be a complex and lengthy process. On average, it takes 7-9 months before a USPTO examining attorney reviews your application. You’ll need to properly prepare and submit your application to limit delays.

Consider seeking assistance from a qualified attorney or a trademark filing service to make the trademark registration process smoother. Their expertise can save you time and spare you the challenges involved in application submission and follow-ups.

Trademark Filing Assistance

Ensure your trademark is filed properly with the help of the experts at Trademark Engine, who’ve helped file over 120,000 trademarks since 2016. Packages start at $99 (+USPTO fees).

Additional Business Resources in Kansas

For more help, check out our How to Start a Business in Kansas guide, or use these resources: