How to Amend a Kansas Articles of Organization

No matter what kind of business you run, change is bound to happen. For Kansas limited liability companies (LLCs), some of these changes must be reported to the Secretary of State’s office to stay legally compliant by filing an amendment to your Articles of Organization. If this sounds overwhelming, don’t worry. Let’s walk through the process of filing a Certificate of Amendment in Kansas, and how we can help.

What are Kansas Articles of Organization?

Articles of Organization is the necessary document that, once accepted, officially establishes your Kansas LLC. It includes basic records like the name of the LLC, its mailing address, and contact information for its registered agent/office. Kansas uses these records to regulate and monitor the businesses that operate within its borders. Every LLC must submit Articles of Organization before being formally established.

Need to start your business first? Check out our guide to forming a Kansas LLC through our quick and easy LLC formation service. 

Step 1: Determine if you need to change your Kansas Articles of Organization

Kansas law requires that LLCs maintain updated Articles of Organization to remain in good standing. 

There are several reasons for this requirement. For one, The public and the state both need up-to-date information for the business. Moreover, keeping your Articles of Organization current helps ensure your LLC’s Kansas registered agent receives important legal and financial documents. 

Failing to keep your Articles of Organization current can lead to several major consequences. Critically, your LLC won’t be able to get a Kansas Certificate of Good Standing. This document certifies that your business has complied with all applicable Kansas regulations and laws. On top of that, it also authorizes your business to transact business. Consequently, it’s hard to overstate the importance of this certificate. Without it, you can’t work with customers, open a business account, or receive a business loan. 

Step 2: Identify what to change in your Kansas Articles of Corporation

To update your LLC’s Articles of Organization, you will need to complete a Certificate of Amendment. Under Kansas law, you must file a Certificate of Amendment if you want to change any of the following details of your LLC:

• The LLC’s name
• Whether the LLC will be a professional association and corporation
• The address and name of the LLC’s registered office and registered agent
• Whether the LLC is a series LLC

Beyond this, you must include any other significant changes that you and your other LLC members or managers want to make in the company. Once you’re done, file your Certificate of Amendment with the Kansas Secretary of State Business Services department. 

Kansas law requires that all Certificates of Amendment include details like the name of the LLC, the address of the registered office and agent, what changes will be made, and the LLC’s business entity ID number.  Furthermore, an authorized person must sign and print (or type) their name.  

Step 3: File your Kansas LLC amendment

Once you’re ready to submit your Certificate of Amendment, you can file the form in person or by mail with the Secretary of State’s office. Unfortunately, while you can file Articles of Organization online, you can’t file a Certificate of Amendment online. 

If you don’t want to worry about getting lost in the weeds with filing details, take a look at our Worry-Free Compliance service. With this service, we can help you make the Certificate of Amendment filing process easier, as well as keep track of other state compliance requirements.  

Kansas Certificate of Amendment vs. Restated Articles of Organization

Kansas law makes clear that LLC owners can both restate and amend the LLC’s Articles of Organization. The difference between a Restatement of Articles of Organization and a Certificate of Amendment is subtle. Both documents can list amendments to the LLC’s original Articles of Organization.

However, a Restated Articles of Organization is best for integrating the Articles of Organization and multiple Certificates of Amendment (that have been submitted over time) into one document. That way, any officer or member of the public can see the effective rules in one document, rather than having to search for multiple Certificates of Amendment.  

Unlike the other documents we describe in this guide, you have to create your own Restated Articles of Organization. You must indicate that the document is a Restated Articles of Organization in a heading or introductory paragraph. You’ll also need to include:

•  The LLC’s current name
•  Whether the name has been changed
• The LLC’s original name
• The date that the original Articles of Organization were filed

As with the Certificate of Amendment, an authorized person must sign the Restated Articles of Organization.

Kansas Certificates of Amendment vs. Certificates of Correction

Another form you can file to make a Kansas LLC amendment is a Certificate of Correction. 

You can use Certificates of Correction to correct defective documents and incorrect information, including the Articles of Organization.

We can help you stay on top of Kansas compliance requirements

We know that taking care of compliance tasks can be stressful. If you are feeling overwhelmed by all of the things you need to do to keep your business up to date, we are here to help. Through our LLC amendment service, you can make the changes you need to your LLC’s Articles of Organization effortlessly.

Amendments are also a part of our Worry-Free Compliance service, where we’ll work to help you keep ahead of deadlines with annual filing assistance and will file up to two amendments for you each year. Finally, if your LLC ever falls out of good standing, we’ll send you an action plan, so you can get back on track. Don’t wait. Reach out to us today!