When you meet someone new, what’s the first thing you want to know about them? Their name. Your name is unique—it’s how people remember you.
The same goes for your Kansas business: choosing your name is the most important step of forming your company. Unfortunately, it’s not as simple as just picking the name you like best from a list. That works for babies, but not businesses. Kansas has several requirements that you’ll need to follow as you pick a name.
Fortunately, this five-step guide will help you pick a name that is both perfect for your business and compliant with state laws. We’ll also cover how to reserve your name once you’ve picked it. Let’s get started.
NOTE: If you have found the perfect business name and would like to begin the process of registering your business with the state, there are a lot of top rated LLC formation services — like LegalZoom and Zen Business — that can do it for you.
1) Review Kansas Name Requirements
Kansas has two primary requirements for naming your business. First, your name must include a designation of the type of company you’re forming. For example, if you’re forming a Limited Liability Company, you’ll need to include “LLC,” “Limited Liability Company,” or an abbreviation of those terms. Corporations must include “Inc.,” “Incorporated,” “Corporation,” etc. Regardless of what kind of entity you make, your name should reflect your business type.
Second, your name must be “distinguishable upon the record” from other business entities in Kansas. This standard is more liberal than a lot of states. For example, in Kansas, “9” and “nine” are considered distinguishable. Simply making a word plural is also enough to make it distinguishable, too. Basically, if the state’s computer system can distinguish the typed version of your entity, your name is appropriate.
That said, a few components of a name do not make it distinguishable. For one, certain punctuation marks such as underscores and ellipses are not recorded by the computer, and as a result, do not make your name distinguishable. The same goes for articles and conjunctions. So, “Cat Spa” and “A Cat Spa” would not look different on the record and thus would not be allowed.
For a full listing of the state’s name availability guidelines, you can consult the Kansas Business Center.
2) Create the Perfect Name for Your Kansas Business
Now that we’ve covered all the things you can’t do with your business name, let’s focus on what you can do. Here’s where you can let your creativity shine. As long as you meet the Kansas requirements, you can pick just about anything you like.
However, to make your business name perfect, here are a few things to keep in mind:
- Pick a name that represents your business: Your business name is the first impression you’ll send to potential customers; you want to make sure it’s the right impression. So, be sure to include important aspects of your business in your name. For example, if you’re starting a restaurant that specializes in vegan fare, you’ll want that to be clear by your business name.
- Write it down and say it aloud: Your business name appears everywhere—business cards, your website, company signage, and more. A good name will look good on paper. But you’ll also say your name a lot, too, so make sure it sounds as good as it looks.
- Choose a name that you’re proud of: Do you like the name you’ve come up with? You love your business, and you should love the name that goes with it. If you love the name, then you’re good to move on to step three.
3) Search Your Chosen Name with the Kansas Business Center
Now it’s time to check that your business name is available in the state of Kansas. To do so, you’ll want to run a Name Availability Search.
Here’s how it works: input the business name you developed in Step 2. If the state’s search tool doesn’t find any results, then good news! Your name is available for you to use in Kansas. However, if it does find a match, you’ll want to start over or tweak your name a little to make sure it’s different from what’s currently in use in the state.
The search tool is relatively easy to use. However, you’ll want to note that some of the words you type will be deleted by the tool. For example, conjunctions and articles are not recorded as part of a business name, so the computer will strike them from your search. Entity type identifiers (i.e., Corp., Inc, LLC) are excluded from the search as well. Standalone numerals or letters are not eliminated—even if it’s the letter “A” when not used as an article.
While this step may seem like a hassle, it can save you time in the long run. You’ll need to put your business name on your formation documents; if you put down a name that’s already in use, the state will send it back to you, request a change, and you’ll need to file all over again. This could potentially slow down your start-up process by several days or even weeks. Searching your name ahead of time prevents that slow-down.
4) Reserve Your Business Name with Kansas
You’ve done the legwork to make sure your business name is free to use in Kansas. Now, let’s ensure that none of that work goes to waste by reserving your business name with the state.
In Kansas, you can reserve a business name by filing a Temporary Reservation of Business Entity Name.You can file this form by mail or online with the Secretary of State. This form includes some information about your business, including the name and address of the applicant, a signature, and of course, your desired name.
Kansas requires a fee of $35 for this name reservation. You can pay by check or credit card.
Reserving your name will protect your business name for 120 days. While it’s unlikely that another person will come up with the exact name you’ve chosen, this process prevents anyone else from using your name. The 120-day-long reservation gives you plenty of time to get all your affairs in order and file your formation documents.
5) File Your Kansas Formation Documents
Even though filing a reservation gives you 120 days of exclusive rights to the name you’ve created, you’ll need to file your formation documents to make everything official. The document you need to use varies depending on the type of business you’re forming, but it’s often called the Articles of Incorporation or the Articles of Organization.
The Kansas Business Center serves as a helpful starting point for forming your business. Here you’ll find the forms you need to start your business, including the Kansas Articles of Incorporation. You’ll also find easy access to forms such as name reservations, amendments, registered agent changes, and more.
Conducting a business name search is an important part of forming your business in Kansas. The search saves you time and helps you set up a name that makes your business stand out. We hope this guide made it simple to name your business.