How To Start a Nonprofit in Kansas in Eight Steps

Pick a unique name for your new nonprofit that promotes the organization’s purpose. Kansas state law requires the name to have a word or abbreviation that shows it’s a corporation, like "incorporated," "corporation," "limited," or "association." Check if the name is available in Kansas by using the Kansas Secretary of State's business name search tool.

Visit the United States Patent and Trademark Office (USPTO) website and search their trademark database to see if the name is protected. Find out if the name is available as a domain name by searching through the Internet Corporation for Assigned Names and Numbers (ICANN) registration lookup. Doing this research ensures that your nonprofit's name is unique and available.

You must set up a board of directors. Kansas nonprofits must have at least one director. However, if you want to apply for tax-exempt status with the IRS, you need at least three directors. The board of directors is responsible for corporate governance, ensuring the organization follows laws and regulations. They also help with strategic planning by setting goals and deciding how to reach them. The board provides leadership by overseeing finances, developing policies, ensuring accountability, and helping with networking and fundraising. When choosing board members, look for people who have skills or expertise that match your nonprofit's mission. For example, if you’re starting a nonprofit focused on environmental conservation, you might want an ecologist on your board to offer expert guidance on conservation strategies.

To officially create your nonprofit, file Form AI, Articles of Incorporation with the Kansas Secretary of State. Other types of corporations also use this form, so you will not have to answer all the questions. However, nonprofits that plan on applying for IRS tax-exempt status must include their public purpose and a statement that no money or benefits will be given to the people who started the nonprofit or its members. You must provide the nonprofit’s name and address, whether it’s a stock or nonstick corporation, names and addresses of the incorporators, and, if applicable, names and addresses of the directors. You must also list a registered agent service to accept service of process for your nonprofit.

The filing fee for nonprofit formation documents is $20. You can file online by creating an account and filing on the Secretary of State’s website. If you prefer to file by mail, send your formation documents to Kansas Secretary of State, Memorial Hall, 1st Floor, 120 SW 10th Avenue, Topeka, Kansas, 66612.

Or you can let our trusted partner LegalZoom handle your nonprofit creation starting at $99 plus filing fees.

Nonprofit organizations must have corporate bylaws and a conflict-of-interest policy to be exempt from federal taxes. However, Kansas does not require nonprofits to file their bylaws with the state. Nonprofit corporate bylaws explain:

• How the nonprofit should operate, including the roles and responsibilities of its members.

• How elections are held.

• When meetings take place.

• The number of officers needed to make important decisions.

Board members must also sign a conflict-of-interest statement, promising to work for the nonprofit’s best interests and not for personal gain.

At your first meeting with your board of directors, you will choose your organization's officers, approve your bylaws, and complete other important tasks. Be sure to take notes during these meetings, called "minutes," and keep them with your other corporate and legal documents.

Apply for an EIN from the Internal Revenue Service (IRS) even if you don’t plan on hiring employees. An EIN is like a social security number for your nonprofit, and you need it to open bank accounts and for other tax purposes. You can apply for an EIN online by visiting www.irs.gov.

Fill out the paperwork to apply for Internal Revenue Code 501(c)(3) status with the IRS so your nonprofit doesn’t have to pay corporate federal income taxes. To apply, follow these steps:

• For 501(c)(3) charitable, religious, and educational nonprofit organizations, file Form 1023 or Form 1023-EZ. If you're eligible to use Form 1023-EZ, you must file it through the Pay.gov website.

• For 501(c)(4) social welfare organizations, file Form 1024-A.

• For other tax-exempt or nonprofit organizations, like 501(a), file Form 1024.

Just because a nonprofit gets approval as an exempt organization from the IRS doesn't mean it's automatically free from paying state income taxes. Certain organizations in Kansas may qualify for the state sales tax exemption. You can complete and submit a state tax exemption certificate application by visiting www.ksrevenue.org and registering with the Kansas Department of Revenue Customer Service Center.

Before asking for donations, a nonprofit must meet registration requirements with the state of Kansas. To register, submit the Charitable Organization Registration Statement for Solicitations Form to the Kansas Attorney General’s Office. You must include IRS Form 990 and the $25 filing fee. You can review the Attorney General’s Charitable Organization FAQs for more information about charitable solicitations in Kansas.