How to File a Kansas Biennial Report

What is an annual report?

A periodic report contains financial information on businesses of varying structures, including public companies, corporations, nonprofit organizations, and partnerships. These required business filings show a company's financial performance and activities over the previous fiscal year. Businesses typically file with their Secretary of State's office and prepare reports for their shareholders, employees, and community entities.

The filing method for a Kansas annual report is different than it is for other states. In 2021, the state legislature passed House Bill 2391. This bill changed the frequency of the annual report deadline from one to two years. Businesses in Kansas now file annual reports as periodic (biennial) or information reports instead. This change took effect on Jan. 1, 2024, and streamlined the filing process for business owners. For the purposes of this article, we will refer to the biennial report as an annual report.

What information must a KS biennial report contain?

When completing an annual report filing, information required on the application will include these elements. 

Business name and business ID number

The complete legal entity's name, including formation verbiage (i.e., LLC, corp., inc., etc.) and business ID number issued by the Kansas Secretary of State, are required. ID numbers may be found by searching the Kansas Secretary of State's Business Entity Database.

Principal office address

A business's principal location is a physical address that includes the street, building number (if applicable), city, state, and ZIP code.

Names and addresses of officers, directors, members, or managers

The full names of corporation officers or directors must be listed, along with their titles and the addresses where they are regularly located. An LLC must enter the name and address of each member who owns 5% or more of capital. Applicants may omit directors if the officers are the same people.

Additional information for corporations

Corporations must provide information if they own or lease any land in Kansas that is suitable for agriculture. Corporations must state if they hold more than 50% equity ownership in any other business that is filed with the Kansas Secretary of State. A corporation must select the general statement of purpose stating it engages in any lawful activity or adds a specific business activity.

Who qualifies as an officer?

A business' senior officer is typically an executive holding a high-ranking position, for example, president, chief executive officer (CEO), chief operating officer (COO), chief financial officer (CFO), or any person who has notable decision-making power and responsibility.

Who qualifies as a director?

In Kansas, a business' director must be an individual, with no residency or shareholder requirements unless specified in its bylaws. Directors are elected by shareholders and oversee corporate decisions. Although Kansas law sets minimal qualifications, specific industries may have additional requirements.

How to file your Kansas biennial report in 3 steps

While the process for filing a biennial report may seem straightforward, doing so requires great attention to detail. Here's how to complete your filing properly.

Step 1: Gather the necessary information

Before filing, you'll need to collect details about your business, including your business name and ID number (assigned by the Kansas Secretary of State), the principal office of your business, the names and addresses of officers, directors, or members, and any required filing fees.

Step 2: Go to the Kansas Secretary of the State's website 

To file your report, visit the Kansas Secretary of State's website. Under the "Businesses" drop-down menu, you'll find the "File Information Report" page. After clicking on it, you'll need to create an account, and if you need to revisit it, you'll log in. You'll access the state's filing system and input your information here.

Step 3: Complete and submit your report

Once you are on the right page, enter your business information and submit it with the filing fee. After submission, you should receive a confirmation receipt.

Retain this for your records, as proof of filing may be required in future business transactions or audits. If you miss the deadline, Kansas may impose penalties or change your company's standing.

For businesses looking to simplify this process, professional filing services can help you remain compliant while saving time and effort.

How to file a Kansas biennial report with LegalZoom

Filing a biennial report with the Secretary of State's office is necessary for a company to remain in good standing in Kansas. When you need help creating compliance-related documents, consider using LegalZoom's services to help you prepare and file your report accurately. We streamline the process to ensure your business meets all state requirements on time.

How much does it cost to file a biennial report in Kansas?

The filing fee for an information report varies depending on your business type and its structure. A Kansas business that is a limited liability partnership (LLP), limited partnership (LP), or a limited liability company (LLC) will pay $100 for an online report and $110 for a paper document. For-profit corporations pay the same amount, while nonprofit organizations pay $80 for an online or paper report.

When is the deadline to submit a Kansas annual report?

Your due date for filing differs based on when your business was formed. And remember, you need to file only every other year. Those that formed in even years file reports in even years thereafter (2026, 2028, etc.), while those that formed in odd years file in subsequent odd years (2025, 2027, etc.) Kansas for-profit businesses must file by April 15 of their odd or even year, while nonprofits must file by June 15 of their odd or even year.

What are the penalties for not filing an annual report in Kansas?

Failure to file the report and pay the accompanying fees will result in the forfeiture of a domestic business's articles of incorporation. A notice will be sent by the Secretary of State within 60 days, warning the company that it will lose its legal status unless submission occurs within the next 90 days. If it fails to comply, the Secretary of State will notify the Kansas attorney general, and the company will lose its standing.

Foreign companies in Kansas that fail to comply will also face forfeiture and loss of their authority to operate in the state.

Do all business entities need to file a biennial report in Kansas?

Not all business entities are required to file a report. Kansas corporations (both for-profit and nonprofit), limited liability companies (LLCs), limited partnerships (LPs), and limited liability partnerships (LLPs) must file. However, sole proprietorships and general partnerships are exempt.

FAQs

Can you submit an annual report early?

Kansas will allow you to submit your biennial information report as early as Jan. 1 of the year it is due. Submitting it early will not result in any penalties.

Do I need to pay a franchise tax in Kansas?

In Kansas, most businesses must pay a franchise tax based on their net worth or capital stock value. However, nonprofit organizations are exempt, and some small business entities like LLCs may not be subject to a franchise tax.

Can you file an annual report by mail?

Whether you conduct business as a for-profit or nonprofit company in Kansas, you can file your annual report by mailing it to the Kansas Secretary of State Memorial Hall, 1st Floor 120 SW 10th Avenue Topeka, KS 66612. Payment is by check only made payable to the Kansas Secretary of State.

Do nonprofits need to file an annual report in Kansas?

Yes, nonprofit organizations in Kansas are required to file an information report with the Secretary of State. Failure to file a report and pay the fee on time can result in the forfeiture of the organization's legal status to operate in Kansas.