Kansas Series LLC: How It Works Under K.S.A. 17-76,143 and When It Makes Sense
Kansas Series LLC: How It Works Under K.S.A. 17-76,143 and When It Makes Sense
A series LLC lets one limited liability company hold several separate pools of assets, with the debts of each pool limited to that pool. Kansas allows this under K.S.A. 17-76,143. Investors who own several rental properties often ask whether a Kansas series LLC can replace a separate LLC for each building. In form, it can. In practice, the setup involves more paperwork, a different filing path, and a separation that depends on how well you keep your books. This guide covers the mechanics, the fees we can verify, and the situations where a series makes sense.
Informational only: This guide is not legal or tax advice. A series LLC affects liability, lending, insurance, and taxes. Talk with a Kansas attorney and a CPA before you file anything.
What a series LLC is in Kansas
A standard Kansas LLC is one legal entity with one set of members, one set of records, and one liability shield for the whole company. A series LLC is one LLC whose operating agreement establishes one or more series. Each series can hold its own assets, carry its own debts, and keep its own records.
The key word is when. The separation is not automatic. Under the statute, it depends on the operating agreement, the public filings, and the records you keep. If one of those pieces is missing, the protection weakens.
How K.S.A. 17-76,143 sets it up
A Kansas series LLC has four working parts:
- The operating agreement. It establishes the series and states whether a series' debts are enforceable only against that series' assets. The limitation applies only when the operating agreement says so.
- The Articles of Organization (Form LAO). The articles must include notice of the series liability limitation. A series LLC files Form LAO on paper only, at $90.
- A certificate of designation for each series (Form LCD). Each series is formed by filing its own certificate with the Kansas Secretary of State. The paper filing fee is $35 per series.
- Separate records. The LLC's records must account for each series' assets separately.
The series name must include the complete LLC name. If the LLC is Maple Street Properties LLC, each series name must contain that full name, with the series designation added. Kansas requires the LLC name itself to use an approved ending such as LLC, and the name is checked against entities already on the Secretary of State's records. Search the register at the Kansas Secretary of State business search before you choose a name.
What the liability separation does and does not do
When the requirements are met, a creditor of one series can generally reach only that series' assets. That is the reason investors use the structure. The statute provides the protection, but it does not make it airtight.
Several parties may not respect the separation:
- Lenders. A lender may require a personal guaranty, cross-collateralization, or a loan to the LLC as a whole, and may not treat each series as a separate borrower.
- Insurers. Confirm that the named insured on each policy matches the series that owns the property and that the coverage fits how the property is used.
- Courts and other states. A court may disregard the separation, and another state may not respect it when you do business there.
To give the separation the best chance of holding, keep a separate bank account and separate books for each series, sign leases and contracts in the series' name, carry insurance in the series' name, and never move rent, repair money, or loan proceeds between series without documenting it.
Filing fees at a glance
| Filing | Form | Fee | How it is filed |
|---|---|---|---|
| Series LLC Articles of Organization | LAO | $90 | Paper only |
| Certificate of designation, per series | LCD | $35 | Paper |
| Cancel a series | CS | $35 | Confirm the method with the Secretary of State |
| Biennial Information Report | ILC | $110 | Paper for series LLCs |
| Standard LLC Articles of Organization (for comparison) | DL | $85 | Online or paper |
Here is a worked example. Suppose you want three rental properties in three series. The series Articles cost $90, plus $35 for each of three certificates, for $195 at formation. Three standard LLCs would cost $85 each in Articles fees, or $255. Keep in mind that the recurring Information Report is $90 online per filing for a standard LLC ($110 on paper, which is how a series LLC must file), and three standard LLCs would file three reports every two years. Whether a series LLC owes one report or one per series is a question to confirm with the Secretary of State before you budget for it.
The Information Report and the resident agent
Kansas does not require an annual report for LLCs. It requires a biennial Information Report, due every two years by April 15. An LLC formed in an even year files in each succeeding even year, and one formed in an odd year files in each succeeding odd year. An LLC formed in 2026, for example, files its first report by April 15, 2028. After the due date, there is a three-month delinquency window before the entity is forfeited. A series LLC files the Information Report on the paper ILC form.
Kansas calls the registered agent the resident agent. The resident agent must be an individual, a business registered in Kansas, or the entity itself. The registered office must be a Kansas street address where the resident agent can be regularly present. A PO box does not qualify. Update the resident agent or registered office whenever the address changes.
Merging or closing a series
K.S.A. 17-76,143a covers merger or consolidation of series within the same LLC. Both K.S.A. 17-76,143 and 17-76,143a were amended in 2025 (L. 2025, ch. 95, effective July 1, 2025). Read the current amended text before you plan a merger, rather than relying on older commentary.
To cancel a series, file Form CS at $35. Confirm the filing method with the Secretary of State before you submit it.
Kansas tax and licensing questions
Kansas has no LLC franchise tax. A standard LLC is a pass-through entity for state income tax, so members report Kansas income on their individual returns at 5.2 percent up to $23,000 of Kansas taxable income for single filers or $46,000 for married filing jointly, and 5.58 percent above those thresholds. How each series is treated for federal and Kansas income tax depends on the facts and on elections, and this guide does not settle that question. Confirm it with the Kansas Department of Revenue and a CPA. Business tax registration with KDOR is free, and the starting point is the KDOR business page.
Kansas has no statewide general business license. Filing an LLC with the Secretary of State is a filing, not a license. Licensing is set by agency or trade, such as KDA for food, pesticides, and pet animals, KDHE for child care and home health, KDOR for liquor and cigarettes, and KREC for real estate. Cities and counties add their own rules on top of that. Kansas has 105 counties and 624 cities, and every incorporated place is legally a city. Rental registration, zoning, and occupancy rules usually come from the city or county where each property sits.
Kansas has no statewide general contractor, electrician, plumber, or HVAC license. Cities and counties license those trades, so check the local rules for each property you renovate. Kansas City, Kansas is not Kansas City, Missouri. Only Kansas City, Missouri has a city earnings tax, so confirm which city's rules apply to each property.
When a Kansas series LLC makes sense
A series is a reasonable fit when:
- You hold several properties and want a lower upfront filing cost than separate LLCs, with one operating agreement to manage.
- Your lenders and insurers have confirmed in writing that they will work with a series structure.
- You can keep separate bank accounts, separate books, and separate contracts for each series, and you will actually do it.
- You are comfortable with paper filings, which take longer than the online standard LLC filing.
A series is usually the wrong choice when:
- You have one property or one business. A standard LLC at $85 is simpler and easier to finance.
- Your lender requires each property to sit in its own LLC.
- You plan to mix funds across properties or keep informal records.
- You expect the liability separation to replace adequate insurance. It does not.
Steps to form a Kansas series LLC
- Choose a name that meets Kansas requirements and is not already in use. If you need time, a name reservation costs $35 and holds the name for 120 days. The form is at the Secretary of State name reservation form.
- Draft an operating agreement that establishes each series and states the liability limitation.
- File Form LAO on paper with the notice of the series limitation, at $90.
- File a Form LCD for each series, at $35 per series.
- Open separate bank accounts and set up separate books and insurance for each series.
- Register with KDOR for any tax that applies to you, and obtain any city or county permits your properties and trades require.
- Calendar the Information Report for April 15 of the correct even or odd year.
Questions to confirm with the agencies and professionals
| Question | Who to ask |
|---|---|
| Does the $110 paper Information Report apply once to the LLC or once for each series? | Kansas Secretary of State |
| What is the filing method and any added step for cancelling a series on Form CS? | Kansas Secretary of State |
| How is each series taxed for federal and Kansas income tax? | Kansas Department of Revenue and a CPA |
| Will your lender and insurer recognize the separation between series? | Lender, insurer, and an attorney |
| What rental, zoning, and contractor rules apply to each property? | The city or county where the property sits |
Kansas business basics, including filing guidance and the Information Report, are on the Kansas Secretary of State business page. If you are unsure whether a series fits your holdings, the Kansas Small Business Development Center can help you frame the questions before you pay for legal work.
Final note: A Kansas series LLC can work well for an investor with several properties, a clear record-keeping habit, and lenders who accept the structure. It is not a shortcut around insurance or careful bookkeeping. This guide is informational only and is not legal or tax advice. Talk with a Kansas attorney and a CPA before you form a series or move property into one.