If you’re ready to start a business, you are already taking on some level of risk. This can be a good thing as it means you believe in your business, but there are some areas you shouldn’t take risks in.
Legal and regulatory requirements are important, and you want to make sure everything is in order when it comes to your registration. This includes being sure you choose a name that meets your marketing needs while still allowing you to file for the proper business documents and licenses. Kansas has its own set of laws and processes to follow as you start your business, including how to determine if your business name is available and how to claim it if so.
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How to check business name availability in Kansas
As mentioned, you can’t just pick any name for a Kansas business, it must be unique and available. How do you find out if a certain name is available? Here’s how:
1. Go to the Kansas Secretary of State website
Most states, including Kansas, have a search tool that you can use to check name availability. Most of the time, the search is located on the secretary of state’s website, which is the case for Kansas.
2. Enter keywords
Grab your list of business names. You’ll put each name into the search.
3. Run the search
Enter your ideal business name and then review the matches. If there’s an exact match, it means another business is using the name – so you can’t use it. If there aren’t any matches, the name is available.
To claim an available name, you’ll either enter the name on your LLC formation documents or you can reserve the name for a short period of time until you’re ready to act.
It’s important to remember that names must be 100% different, so making an existing business name plural, for example, doesn’t make it available.
4. Consider reserving a name
After running a Kansas business name search, you have two options: You can reserve a name or you can register the name. You should reserve the name if you aren’t planning to set up the business immediately.
Kansas allows business owners to reserve a name for 120 days for $35.
To do so, you’ll fill out a quick form and provide the payment.
Again, you don’t need to reserve a name if you plan to officially set up your business with the state of Kansas, but if you’re just doing some homework and plan to set up your business later, reserve the name now so it’s not taken when you’re ready.
5. Check domain name availability
We created a tool that makes it easy.
How to name your Kansas business
Now that you know a little more about the business landscape in the state, it’s time to start generating a list of names for your business. To do so, follow these steps:
1. Write down basic details about your business
Start by creating a verbal picture of your business. Think about what your business will offer and who it will serve. Will you sell a specific product or service? Who’s going to buy it? Jot down a few details about your company as a starting point.
Next, start creating a list of adjectives that describe your business. Think in terms of keywords. What keywords would your customer use to find the product or service that you offer? Write them down.
2. Stay away from initials and hard-to-say words
There are plenty of businesses that include initials, like A&J Plumbing, but consider upping your game with something a bit more creative and descriptive.
The same goes for names that are hard to say. If your last name is Stackowaski, for example, it’s not conducive to a business name because it’s too hard to pronounce.
3. Don’t pigeon-hole your business
Be careful not to select a name that limits your company’s potential growth. Think about where your business will be in five, ten, even twenty years, and take that into consideration when creating a name.
A company named Bob’s Bargain Books, for example, is a good name, but what if they plan to sell vintage records and cassettes down the road? The name only refers to books, so when vintage music is added people won’t associate it with the store.
4. Consider using a name generator
At this point, you probably have a list of a few ideas. Rather than brainstorm a bunch of different combinations, why not try a name generator? You simply enter a few of the adjectives that you came up with into the search bar and you’ll get a list of possible names.
Name generators can take some of the hassles out of creating a name. Most name generators will only show you available names too, which is helpful.
Check out some of Namechk’s name generators below:
What kind of business structure is right for your Kansas company?
As you research available business names in Kansas, you’ll also want to think about what kind of business you want to establish. There are a handful of options to choose from, but some of the most common are Sole proprietorship and LLC.
- A sole proprietorship is ideal for small businesses with no employees that want to test their business out. There’s virtually no paperwork to set up this kind of business, which is a plus. However, a sole proprietorship is not a separate business entity, which means you’re financially and legally responsible for any problems that might arise.
- An LLC, or limited liability company, provides a certain amount of liability protection. Your personal assets and your business are separate with this business structure, which means if the business is sued or goes bankrupt, you will not be forced to use your personal cash reserves to bail the business out.
Steps to register your Kansas business
Ready to set up your business in KS? Here’s what you do:
1. File your Articles of Organization
Visit the Kansas Secretary of State website and fill out the Articles of Organization. To fill this out, you’ll need to have an available business name, address, and contact information.
2. Name a registered agent
You’ll also need to name a registered agent. A registered agent is the point-person for your company who will receive important documents like tax notices or legal documents.
A registered agent must be trustworthy and be available during regular business hours when documents are delivered. The business owner can serve as the registered agent in Kansas, or another person or company can be named.
You might decide to name your accountant or co-founder, for example. You can also hire a registered agent service to serve in this role. Northwest Registered Agent, ZenBusiness, and Bizee are a few examples. These companies will receive documents on your behalf and notify you of their arrival.
3. Pay the filing fee
Every state charges a filing fee to file LLC formation documents with the government. In Kansas, the cost is $165.
4. Wait for approval
Kansas will review your application and typically provides approvals within five business days. Once approved, your business is officially set up.
Our picks of the best registered agent services
Kansas small business facts
Before you start considering business name availability in Kansas, take a look at these small business statistics from the U.S. Business Administration:
- Kansas small businesses employed 605,147 people, or 50.5% of the private workforce, in 2017.
- Firms with 20 to 99 employees have the largest share of small business employment. Figure 1 provides further details on firms with employees.
- In the fourth quarter of 2019, Kansas grew at an annual rate of 2.1%, which was the same as the overall US growth rate. Kansas’ 2019 overall growth rate of 0.9% was down from the 2018 rate of 2.1%.
- In April 2020, the unemployment rate was 11.2%, up from 3.2% in April 2019. This was below the April 2020 national unemployment rate of 14.7%.
- Private-sector employment decreased 10.8% during the 12-month period ending in April 2020. This was below the increase of 1.0% during the prior 12-month period.
- The median income for self–employed individuals at their own incorporated businesses was $51,889 in 2018. For self– employed individuals at their own unincorporated firms, median income was $26,060.
- Small businesses created 5,784 net jobs in 2019. Firms employing fewer than 20 employees experienced the largest gains, adding 2,944 net jobs. The smallest gains were in firms employing 20 to 99 employees, which added 1,147 net jobs.
FAQs
To further help entrepreneurs, check out these frequently asked questions about starting a business in Kansas:
Why is it so important to check on business name availability?
Kansas will not allow two businesses in the state to have the same name. There are many reasons for this, but at its core, it’s to avoid any confusion. For example, if someone plans to sue Bob’s Fruit Stand and there are two of these companies in the state, things can get complicated quickly.
All businesses must have a unique name. And, you can’t just add a hyphen to a name to make it different. Each name must be “distinguishingly different.”
What other permits or licenses are required to start a business in Kansas?
The type of business you are planning to operate can dictate some forms of licensure necessary. For example, a restaurant may need to obtain certain health permits pertaining to food handling, or a liquor license if alcohol is being served. These regulatory permits will usually need to be renewed on a recurring basis after you have proved you meet all standards.
Who should you check with regarding permits and licenses?
Start with the state, but also check in with your city and county business officials too.
The exact rules will depend on the location, but there is usually some form of license you will need to obtain. If your business operates in different cities, you may need to obtain multiple forms of licensing for each jurisdiction.
Do I need to register with the IRS?
If your business has employees or will be taxed separately from your individual taxes, you will need to obtain an EIN (Employer Identification Number) from the IRS.
Even if you are not required to do so, you may choose to do so in order to open business accounts and provide the number to other businesses. The EIN is a nine-digit code, similar to your Social Security Number, that identifies your business as an entity for federal tax purposes.
How are state business taxes paid?
You will also need to register with the Department of Revenue (DOR) if you are selling goods in Kansas. If you will have employees, you will also have to register in order to withhold employee taxes. You can register for both these purposes and other business taxes through the DOR’s online Customer Service Center.
Should I trademark my Kansas business name?
Registering your business name with the state of Kansas means that other Kansas businesses cannot use the same name or very similar names. However, other states will not check the Kansas registry and you may find your name can be used in these cases if you do not obtain a trademark.
A trademark registered through the U.S. Patent and Trademark Office gives you exclusive rights to use your business name nationwide and the ability to enforce this through lawsuits if necessary.
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