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Laws governing business entities generally require that the entitys name be unique from the names of other entities doing business in the state. States typically employ one of the following legal standards to determine if a name is available for use: distinguishable upon the record or deceptively similar. Kansas uses the less stringent standard of distinguishable upon the record, which merely requires that the entitys name be distinguishable from other entity names already on file with the Secretary of State. This liberal standard means that even though the proposed name may look or sound similar a small difference in spelling, or the addition of one extra letter or word, is enough to allow the name.
Kansas law requires that the names of business entities that have been forfeited or cancelled remain unavailable for one year.
General partnerships are not required to have distinguishable names, all other business entity types are subject to this requirement. The Kansas Secretary of State uses the following guidelines in determining if a name is available:
1. The plural form of a word is distinguishable from the singular word.
Example: Cat and Cats
2. Numbers are distinguishable from words representing the number.
Example: 10 and ten"
3. The following words, or abbreviations thereof, are eliminated from the name prior to searching for availability, no matter where the words occur in the name:
4. The following prepositions, articles, and conjunctions are eliminated prior to searching for availability, no matter where the words occur in the name:
5. The letter a is eliminated only if it appears as an
article in the name.
6. The following symbols are not permitted to be used in a name in online applications:
7. The following characters are not eliminated, nor are they converted to the word equivalent. Symbols, punctuation marks, and special characters are eliminated prior to searching for name availability.
8. The following Roman numerals are entered by the Secretary of State as the alphabetic equivalent, not the number equivalent:
The Secretary of State may, at its discretion, accept a name for filing in the following instances:
The state of Kansas does not have name registration. We have name reservation in which you can reserve a name, if available, for 120 days and a fee of $30 (non refundable). The name that is reserved by you cannot be used by anyone else to incorporate unless you elect not to incorporate under that name within the specified 120 day reservation period.
Name reservation is not required by SOS, it is just a means for you to be able to reserve a particular name or multiple names, so that name will be available when you are ready to complete your Article of Incorporation.