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Kansas LLC Operating Agreement

The Kansas LLC Operating Agreement is the core document that is referred to when issues concerning a Kansas limited liability company (“LLC”) need to be resolved.

The LLC Operating Agreement is the most important document for your Kansas LLC.

In the case of a single member LLC, without the formality of an LLC Operating Agreement, the LLC can closely resemble a sole proprietorship, which does not limit your personal liability for business debts of the LLC.

With respect to a multi-member LLC, the LLC Operating Agreement reflects the agreement among the members with respect to the affairs and management of the LLC and governs the relationship amongst the members of the LLC. By having an LLC Operating Agreement, the members will be provided with a clear set of rules that all members have agreed upon greatly reducing the likelihood of disagreement between them in the future. A LLC Operating Agreement will also greatly reduce financial and management misunderstandings, and make sure your business is governed by your own rules -- not default rules created by the state of Kansas.

Need a LLC Operating Agreement for your Kansas LLC?

www.myLLCagreement.com will generate a customized LLC Operating agreement for your Kansas LLC in a matter of minutes.

Whether your LLC will have one or more members, will be managed by its members or by elected managers, or will be granting one or more members an interest in the LLC for the performance of services, myLLCagreement.com will generate a customized LLC operating agreement tailored to the needs of your business.

If you don’t want to spend thousands of dollars on a lawyer and don’t trust outdated internet forms, then let myLLCagreement.com help you create a customized LLC operating agreement for your Kansas LLC.

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The LLC operating agreement does not have to be filed with any state agency. All states, including the state of Kansas will enforce valid operating agreements entered into among LLC members. The operating agreement will only be enforced against the persons who are parties to the agreement. Therefore, it is extremely important that all members of an LLC sign the operating agreement.

Your Kansas Limited Liability Company

LLC Filing Office

Kansas Secretary of State
Corporation Division
First Floor, Memorial Hall
120 S.W. 10th Ave.
Topeka, KS 66612
Tel: 785-296-4564
http://www.kssos.org/forms/forms_results.asp?division=BS
Check Name Availability


Entity or Franchise Level Tax

Kansas does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a tax based on net income.  However, a limited partnership, limited liability partnership (LLP), or LLC (including a single-member LLC that is disregarded for federal income tax purposes) with net capital accounts located or used in Kansas at the end of the preceding taxable year of $100,000 or more is subject to an annual franchise tax at the rate of 0.125 percent of the net capital accounts located or used in Kansas.

State LLC Act

The Kansas LLC Act is contained in Chapter 17 of the Kansas Statutes, Article 76
 

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The Kansas LLC Act

Important Statutory Rules

LLC Management

An LLC is managed by its members unless the Operating Agreement states that the LLC is to be managed by one or more managers.

Admission of Members

Unless the Operating Agreement states otherwise, new membership must be issued with the written consent of all the members.

Amending the Operating Agreement

No statutory requirements exist for amending the Operating Agreement.  The members may set their own rules for amending the Operating Agreement.

Dissolution

The written consent of all members is required to voluntarily dissolve the LLC.

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