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Outline

The Kansas FL 51 10 form is an essential document for foreign limited liability companies looking to operate within the state of Kansas. This application serves several critical purposes, including the requirement for a certificate of good standing from the company’s home jurisdiction, which must be issued within 90 days of filing. To successfully submit this form, applicants need to provide complete information, including the company name, resident agent, registered office address, and mailing address. The resident agent plays a vital role, as this individual or entity is designated to accept legal documents on behalf of the company. Additionally, the application mandates a filing fee of $165, which must accompany the form to avoid rejection. It is important to note that the company name must match exactly with what appears on the certificate, including all punctuation. If the LLC shares its name with an existing entity in Kansas, applicants must include a letter of consent or specify how they will distinguish their business. Completing this form accurately not only streamlines the registration process but also ensures compliance with state regulations, paving the way for a successful business operation in Kansas.

Sample - Kansas Fl 51 10 Form

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KANSAS SECRETARY OF STATE

FL

Foreign Limited Liability

51-10

Company Application

 

Instructions

Kansas Office of the Secretary of State:

Memorial Hall, 1st Floor

(785) 296-4564

120 S.W. 10th Avenue

[email protected]

Topeka, KS 66612-1594

www.sos.ks.gov

All information on the application must be complete and accompanied by the correct filing fee or the document will not be accepted for filing.

Stay up-to-date on your organization’s status, annual report due date and contact addresses by going to www.sos.ks.gov.

oOriginal certificate of good standing or existence

oFiling fee

oPayment

oCompany name

oResident agent

oRegistered office

oMailing address

oSignature

The certificate* must be issued by the state, country or other jurisdiction where organized attesting to the fact that such foreign limited liability company is in good standing in such jurisdiction. The certificate* must be issued within 90 days of filing the application.

*For Texas, send a certificate of fact-status from the Texas Secretary of State. The filing fee for this document is $165.

Please enclose a check or money order payable to the Secretary of State. Applications received without the appropriate fee will not be accepted for filing. Please do not send cash. NOTICE: There is a $25 service fee for all checks returned by your financial institution. Also,

to expedite processing, please do not use staples on your documents or to attach checks.

The limited liability company name on all documents must be exactly the same as it appears on the certificate, including punctuation. If the LLC applying for authority has the same name as an entity already on file, you may do one of the following; per K.S.A. 17-7933(b)(2).

Include a letter of consent from the existing entity to use the name. If the existing entity is a corporation, the consent must be signed by an authorized officer. A consent from another type of entity must be signed by any authorized person.

Include a letter stating the LLC will list its home state as a means of identification and in its advertising in the state of Kansas.

You may view statutes at www.ksrevisor.org.

The resident agent is a person or entity that is authorized to accept service of process (lawsuits) on behalf of the business entity. This does not necessarily mean that the agent is being sued, but that it has the authority and responsibility to accept service of process on behalf of the business.

The registered office is the address where the resident agent is located.

The mailing address is where you would like to receive official mail from the Secretary of State’s Office.

The application requires the signature of an authorized officer.

NOTICE: If the entity has been doing business in Kansas at least six months prior to filing with our office, it may owe annual reports and/or penalty fee (K.S.A. 17-76, 139)

Inst.

K.S.A. 17-7931

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KANSAS SECRETARY OF STATE

FL

Foreign Limited Liability

51-10

Company Application

Kansas Office of the Secretary of State:

Memorial Hall, 1st Floor

(785) 296-4564

120 S.W. 10th Avenue

[email protected]

Topeka, KS 66612-1594

www.sos.ks.gov

THIS SPACE FOR OFFICE USE ONLY.

A certificate of existence or good standing from the home Secretary of State must accompany this application.

Instructions: All information must be completed or this document will not be accepted for filing.

1.Name of limited liability company

Must match the name on record with the home state

2.State/Country of organization

3.Original certificate of good standing or existence from home jurisdiction.

4.Date of organization in home state

Month

Day

Year

5.Began doing business in Kansas

o Upon qualification

o Date

Month

Day

Year

6.Name of resident

agent and address of registered office in

Kansas

Must be a Kansas street address. A P.O. Box is unacceptable.

7.Mailing address

Address will be used to send official mail from the Secretary of State’s Office.

Name

Street Address

City

 

State

Zip

 

 

KS

 

 

 

 

 

 

 

Attention Name

 

 

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

City

State

Zip

 

Country

 

 

 

 

 

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K.S.A. 17-7931

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8.Tax closing month

9.Full nature and character of the business to be conducted in Kansas

9.The limited liability company hereby consents, without power of revocation, that actions may be commenced against it in the proper court of any county in the state of Kansas where there is a proper venue by service of process on the Secretary of State of the state of Kansas; and the limited liability company stipulates and agrees that such service shall be taken and held in all courts to be valid and binding as if due service had been made upon the members of the foreign limited liability company.

10.I declare under penalty of perjury under the laws of the state of Kansas that the foregoing is true and correct, and that the company is in good standing in its home state, and I have remitted the required fee.

Signature of Manager or Member

Month

Day

Year

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K.S.A. 17-7931

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Form Information

Fact Name Details
Filing Fee The application requires a filing fee of $165. Payments should be made via check or money order, and cash is not accepted.
Certificate Requirement An original certificate of good standing or existence must accompany the application. This certificate must be issued within the last 90 days from the jurisdiction where the LLC is organized.
Resident Agent A resident agent must be designated, who is authorized to accept legal documents on behalf of the LLC. This agent must have a physical address in Kansas.
Governing Law The application process is governed by Kansas Statutes Annotated (K.S.A.) 17-7931 and K.S.A. 17-7933(b)(2).

Detailed Guide for Filling Out Kansas Fl 51 10

Completing the Kansas FL 51 10 form is an essential step for foreign limited liability companies seeking to operate in Kansas. The following instructions will guide you through the process, ensuring that all necessary information is accurately provided. Be mindful that incomplete submissions may lead to delays or rejection.

  1. Enter the name of the limited liability company: This must exactly match the name on record with your home state.
  2. Specify the state or country of organization: Indicate where your company was originally established.
  3. Attach the original certificate of good standing or existence: This certificate must be issued by your home jurisdiction and should confirm that your company is in good standing.
  4. Provide the date of organization: Enter the month, day, and year your company was formed in its home state.
  5. Indicate when you began doing business in Kansas: Choose either "Upon qualification" or specify the exact date (month, day, year).
  6. Fill in the name of the resident agent: This person or entity must have a physical address in Kansas, as P.O. Boxes are not acceptable.
  7. Provide the address of the registered office: This should be the same address as the resident agent and must be a street address.
  8. List the mailing address: This is where you wish to receive official correspondence from the Secretary of State's Office.
  9. Specify the tax closing month: Indicate the month that your company’s tax year ends.
  10. Describe the nature and character of your business: Provide a brief summary of the business activities you plan to conduct in Kansas.
  11. Consent to service of process: Acknowledge that legal actions may be initiated against your company in Kansas through service on the Secretary of State.
  12. Declare the truthfulness of the information: Sign and date the form, confirming that all information provided is accurate and that your company is in good standing.

Once the form is completed, ensure that all required documents, including the certificate of good standing and the filing fee of $165, are included before submission. Avoid using staples to attach documents, as this may hinder processing. After verifying that everything is in order, submit your application to the Kansas Secretary of State's Office for review.

Obtain Answers on Kansas Fl 51 10

  1. What is the Kansas FL 51 10 form?

    The Kansas FL 51 10 form is an application used by foreign limited liability companies (LLCs) to register and conduct business in the state of Kansas. This form must be submitted to the Kansas Secretary of State's office along with specific documentation and a filing fee. It ensures that the foreign LLC is recognized legally in Kansas and complies with state regulations.

  2. What documents are required to accompany the FL 51 10 form?

    To complete the FL 51 10 application, several documents must be submitted:

    • An original certificate of good standing or existence issued by the home state or jurisdiction.
    • The correct filing fee of $165, payable by check or money order to the Secretary of State.
    • Information about the company name, resident agent, registered office, and mailing address.
    • A signature from an authorized officer of the LLC.

    Failure to include these documents will result in the application being rejected.

  3. What if my LLC name is already in use in Kansas?

    If the name of your foreign LLC is identical to an existing entity in Kansas, you have two options:

    • Obtain a letter of consent from the existing entity, signed by an authorized officer or person.
    • Provide a letter stating that your LLC will identify itself with its home state in advertising and documentation.

    This ensures that there is no confusion regarding the entities operating in the state.

  4. What is the role of the resident agent?

    The resident agent acts as the official point of contact for the LLC in Kansas. This individual or entity is authorized to receive legal documents, such as lawsuits, on behalf of the LLC. It is crucial that the resident agent has a physical address in Kansas, as a P.O. Box is not acceptable. This ensures that the LLC can be reached for any legal matters that may arise.

Common mistakes

Filling out the Kansas FL 51 10 form can be straightforward, but many make common mistakes that can delay the process. One significant error is failing to include the certificate of good standing. This certificate must be from the home jurisdiction and issued within 90 days of filing. Without it, the application will be rejected. Ensure you have this document ready before submitting your application.

Another frequent mistake is not matching the company name exactly as it appears on the certificate. This includes punctuation and spacing. If there is any discrepancy, the application will not be accepted. It is crucial to double-check this detail to avoid unnecessary delays.

People often overlook the importance of providing a valid resident agent and registered office address. The address must be a physical location in Kansas; P.O. Boxes are not acceptable. Providing an incorrect or incomplete address can lead to complications in the filing process.

Additionally, many applicants forget to include the filing fee. The fee for this application is $165, and it must accompany the form. Remember to send a check or money order, as cash is not accepted. Applications submitted without the correct payment will be returned.

Lastly, some individuals fail to sign the application. The signature of an authorized officer is mandatory. Without this signature, the application cannot be processed. Take a moment to ensure that all required fields are filled out and that you have signed where necessary.

Documents used along the form

When filing the Kansas FL 51 10 form for a foreign limited liability company, several other documents and forms may be necessary. Each of these plays a crucial role in ensuring your application is complete and compliant with state requirements.

  • Certificate of Good Standing: This document verifies that your company is in good standing in its home state. It must be issued within 90 days of your application.
  • Filing Fee Payment: A check or money order for the $165 filing fee must accompany your application. Ensure it’s made out to the Secretary of State.
  • Letter of Consent: If your LLC's name is already in use in Kansas, you need this letter from the existing entity allowing you to use the name.
  • Registered Agent Information: This includes the name and address of the resident agent in Kansas who will accept legal documents on behalf of your LLC.
  • Mailing Address: Specify where you want to receive official correspondence from the Secretary of State.
  • Nature of Business Description: A brief statement outlining the type of business your LLC will conduct in Kansas is required.
  • Signature of Authorized Officer: The application must be signed by a manager or member of the LLC, affirming the truth of the information provided.
  • Tax Closing Month: You must indicate the month your LLC's tax year ends, which is important for tax reporting purposes.
  • Annual Report Compliance: If your LLC has been doing business in Kansas for six months or more, ensure that any outstanding annual reports or fees are addressed.

Gathering these documents will help streamline the application process and increase the likelihood of a successful filing. Make sure all information is accurate and complete to avoid delays.

Similar forms

The Kansas FL 51 10 form, used for foreign limited liability company applications, shares similarities with several other legal documents. Below are four documents that are comparable in purpose or function:

  • Certificate of Good Standing: This document confirms that a business entity is legally registered and compliant with state regulations. Like the FL 51 10 form, it is often required for businesses operating in a jurisdiction outside their home state.
  • Foreign Qualification Application: This form is necessary for a business entity to operate in a state other than where it was formed. Similar to the FL 51 10, it requires details about the company, including its name and address, and must be filed with the appropriate state office.
  • Articles of Organization: This document establishes a limited liability company in its home state. It is similar to the FL 51 10 form in that it requires basic information about the LLC, such as its name and registered agent, and serves as an official record of the entity's creation.
  • Annual Report: Many states require businesses to file annual reports to maintain good standing. This document is akin to the FL 51 10 form, as it provides updated information about the company and confirms its ongoing compliance with state laws.

Dos and Don'ts

When filling out the Kansas FL 51 10 form, follow these guidelines:

  • Ensure all information is complete. Incomplete forms will be rejected.
  • Include the original certificate of good standing from your home jurisdiction.
  • Use a check or money order for the $165 filing fee. Do not send cash.
  • Provide a valid Kansas street address for the resident agent. P.O. Boxes are not acceptable.
  • Sign the application. An authorized officer must provide their signature.
  • Stay updated on your organization's status and annual report due dates through the Secretary of State's website.

Avoid these common mistakes:

  • Do not staple any documents or checks. Staples can hinder processing.
  • Do not use a company name that conflicts with an existing entity unless you have consent.
  • Do not submit your application without the appropriate filing fee; it will be rejected.
  • Do not provide a mailing address that is not valid; ensure it can receive official correspondence.
  • Do not forget to check the accuracy of all details before submission.
  • Do not send cash as payment; it is not accepted.

Misconceptions

Understanding the Kansas FL 51 10 form is crucial for anyone looking to establish a foreign limited liability company in the state. However, there are several misconceptions that can lead to confusion. Here are seven common myths about this form:

  • The form can be submitted without all required documents. Many believe they can send the application without the necessary certificate of good standing or existence. In reality, all required documents must be submitted for the application to be accepted.
  • Stapling the documents is acceptable. Some applicants think that using staples to bind their documents is fine. However, the instructions explicitly state not to use staples, as this can complicate processing.
  • The filing fee is optional. There is a misconception that the filing fee can be waived or delayed. In fact, the application will not be processed without the correct fee, which is currently $165.
  • Any address can be used for the registered office. Some believe they can use a P.O. Box as the registered office address. This is incorrect; a physical street address in Kansas is required.
  • Only the owner needs to sign the application. It is often thought that only the owner’s signature is necessary. However, the application must be signed by an authorized officer of the company.
  • Once filed, the application is permanent. Many assume that once the application is submitted, it does not require further attention. In reality, companies must stay current with annual reports and other obligations to maintain good standing.
  • All names are available for use. Some applicants think they can use any name for their LLC. However, if the desired name is already in use by another entity in Kansas, they must obtain consent or use an alternative identifier.

By clearing up these misconceptions, applicants can navigate the process more effectively and ensure their application is successful.

Key takeaways

  • Complete all information on the Kansas FL 51 10 form. Incomplete applications will not be accepted.
  • Include an original certificate of good standing from your home state. This certificate must be issued within the last 90 days.
  • Pay the filing fee of $165. Use a check or money order made out to the Secretary of State. Do not send cash.
  • Do not staple any documents. Staples can cause processing delays.
  • The name of your LLC must exactly match the name on the certificate, including punctuation.
  • If your LLC has the same name as an existing entity in Kansas, provide a letter of consent or state that you will use your home state for identification.
  • Designate a resident agent who will accept legal documents on behalf of your LLC. This agent must have a physical address in Kansas.
  • Provide a mailing address where you want to receive official correspondence from the Secretary of State.
  • Sign the application. An authorized officer must provide their signature to validate the form.