Dissolving a Kansas LLC
If you and other members of your organization are considering dissolving your LLC, it's important to address the required steps; otherwise, you could face administrative consequences and additional challenges associated with the dissolution of your Kansas LLC.
Before you file paperwork
Before anything is filed with the state to formally terminate the existence of the LLC, members of the LLC need to take certain actions. As a first step, members of the LLC need to approve the dissolution. This can be done in accordance with the operating agreement of the LLC or through a unanimous consent of the members approving the dissolution. Regardless of the method, the vote on the dissolution should be recorded in the minutes of the meeting in which it occurred. This can be helpful in the event that someone does not remember providing their consent.
What to file
Kansas requires that several original forms be submitted for filing purposes, along with filing fees. You will need to transmit documents regarding your Kansas LLC to the Kansas Secretary of State in person, by fax, online or by mail.
If you do not file your annual report with the state of Kansas, an $85 penalty will be assessed. At this point, the Kansas Secretary of State will notify you by mail that your ability to do business within Kansas is forfeited, unless the fee and the annual report are submitted within 90 days from their due date. Failure to file your annual report and fees will prevent the Secretary of State from processing your dissolution. Currently, Kansas law does not require tax clearance to dissolve a Kansas LLC.
We recognize that this process can be overwhelming and frustrating for someone in the midst of winding down the business of an LLC. To avoid the hassles associated, you can partner with our service and we will handle all aspects of dissolving your Kansas LLC for you.
Impact of dissolution
Once formally dissolved with the state, the name of your Kansas LLC is not protected. Other entities may be eligible to use the name immediately.
Finally, remember that if you are authorized to do business in other states, you will need to follow the necessary procedures within those states to decrease your chances of facing additional consequences outside of Kansas. Swyft Filings can help with your withdrawal from any state where you are foreign qualified.