How to Reinstate an LLC in Kansas

How reinstatement works in Kansas

Kansas calls the lapsed status forfeiture, and it happens when the Information Report is still missing 90 days after April 15, or when the LLC loses its resident agent. To reinstate, the LLC files Form RL, a Certificate of Reinstatement, with a Form ILC Information Report for each missed reporting year. The cost on the state's form is a $35 filing fee, an $85 penalty, and $110 for each past-due report, so one missed report totals $230 and five total $670. Kansas caps the look-back at the last 10 years, or five reporting periods, and the statute sets no deadline to apply. If another business has taken the name, the LLC must reinstate under a new one. Under K.S.A. 17-76,146, reinstatement treats the LLC as though its articles were never forfeited, validates acts taken in the meantime, and returns property to the LLC.

Steps to reinstate a Kansas LLC

1. Form RL, Certificate of Reinstatement, stating the LLC name (or a new name if the original is no longer available)
2. Registered office address and resident agent name and address
3. Statement that the certificate is filed by authorized persons
4. A Form ILC Information Report for each missed reporting year, up to 5 reporting years
5. Payment of the reinstatement fee, penalty, and all past-due report fees
6. Form to use: Form RL, Certificate of Reinstatement (with Form ILC for each missed report).
7. Mail or deliver Form RL, the missing ILC reports, and payment to the Kansas Secretary of State, Business Services Division, Memorial Hall, 120 SW 10th Ave., Topeka; the office does not process documents received without payment.

What happens to the LLC and its name

• Effect: Yes. K.S.A. 17-76,146 treats the LLC as if its articles had remained in force, validates acts done during the forfeiture, and revests property in the LLC.
• Your LLC name: The name is not held. If it is no longer available when the LLC reinstates, the Certificate of Reinstatement must state a different name.

The most common cause is a missed Information Report. See the Kansas Information Report guide for deadlines so it does not happen again.

Reinstatement in Kansas and nearby states

Mistakes that slow down a Kansas reinstatement

• Sending Form RL without a separate Form ILC Information Report for every missed reporting year.
• Underpaying by leaving out the $85 penalty or calculating past-due reports at the $90 online rate instead of $110.
• Assuming the old name is safe, when Kansas requires a new name if another entity took it during the forfeiture.