| Disclosure law | In effect (since July 1, 2024); commercial financing transactions of $500,000 or less |
|---|---|
| Covers factoring? | Yes, AR purchases included |
| APR in disclosure? | No, dollar figures |
| UCC filing office | Business Services Division, Kansas Secretary of State (Topeka) |
| State agencies pay | 30 calendar days after receipt of the goods or services or the bill, whichever is later, unless agreed otherwise in writing |
| Late-pay interest (state) | 1.5% per month, but only if the vendor requests it in writing within 4 months; no interest if paid within 15 days after the due date |
| Lien deadline (private) | Generally 3 months after last furnishing for subcontractors and suppliers, extendable to 5 months on non-residential property by filing a notice of extension within the first 3 months |
| Public payment bond | Public contracts exceeding $100,000 |
Who uses invoice factoring in Kansas?
Kansas receivables are anchored by aviation, agriculture and the military. Wichita is a major aircraft manufacturing center, with Textron Aviation and a long chain of machine shops, composites suppliers and engineering firms. Southwest Kansas is beef country, with large meatpacking plants around Dodge City, Garden City and Liberal buying cattle, feed and trucking services. Wheat, sorghum and grain elevators drive seasonal ag business statewide. Fort Riley, Fort Leavenworth and McConnell Air Force Base support defense contractors, and the Kansas City suburbs host corporate headquarters and distribution centers.
Aerospace suppliers often wait 60 days or longer on large manufacturers, and production swings follow aircraft build rates. Wheat harvest in June and July and fall row crops create seasonal peaks for elevators and haulers. State agencies must pay within 30 days, with 1.5% monthly interest if the vendor asks in writing, and the Kansas Fairness in Construction acts set 30-day owner and 7-business-day sub payment rules.
- Industries that factor most: Aircraft manufacturing and aerospace suppliers, Meatpacking and food processing, Agriculture and grain, Trucking and logistics, Oil and gas, Construction.
- Metro areas: Wichita, Overland Park, Kansas City, Kansas, Olathe, Topeka, Lawrence, Manhattan.
- Federal installations that buy from local firms: Fort Riley, Fort Leavenworth, McConnell Air Force Base.
What does Kansas's commercial financing disclosure law require?
Kansas Commercial Financing Disclosure Act, passed as SB 345 (2024) (K.S.A. 75-783 through 75-787), has been in effect since July 1, 2024. It requires covered providers to give a written cost disclosure before a business signs. Scope: commercial financing transactions of $500,000 or less.
It reaches accounts receivable purchase transactions, which includes invoice factoring.
It does not require an APR. Expect dollar figures instead: amount financed, amount disbursed, total cost and payment terms.
Exemptions: Banks and other federally regulated depository institutions and their affiliates, Farm Credit lenders, deals secured by real property, leases, certain purchase money and dealer financing, licensed money transmitters, providers with 5 or fewer Kansas deals in 12 months, and deals over $500,000.
Enforcement: Kansas Attorney General exclusively; civil penalty of $500 per violation (capped at $20,000), rising to $1,000 per violation (capped at $50,000) after prior written notice; no private right of action, and a violation does not void the agreement.
The disclosure lists total funds provided, amount disbursed, total of payments, total dollar cost, payment terms and prepayment terms. For a factoring facility, one disclosure is enough, based on an example of $10,000 in receivables, and no new disclosure is needed for each purchase.
Compare offers side by side in the proposal decoder, and see every state's law in our disclosure law tracker.
How do UCC filings work in Kansas?
Where UCC-1s are filed in Kansas: Business Services Division, Kansas Secretary of State (Topeka). Online filing and searching require a subscription account on the KSUCC system; online debtor searches cost $10 and paper searches $20, plus $1 per page for collateral images.
A factor will search that index on your exact legal name before it funds, and will file its own UCC-1 on your accounts receivable at closing. Anyone already claiming your receivables, such as a bank, an SBA lender or a merchant cash advance provider, must release, subordinate or sign an intercreditor agreement first. Search your own name first at the official Kansas UCC search; old filings from paid-off lenders are common and can take a week or more to terminate. More in UCC liens and intercreditor agreements.
How fast do government payers in Kansas pay?
Kansas state agency deadline (K.S.A. 75-6403): 30 calendar days after receipt of the goods or services or the bill, whichever is later, unless agreed otherwise in writing. Late interest: 1.5% per month, but only if the vendor requests it in writing within 4 months; no interest if paid within 15 days after the due date. Public construction falls under the Kansas Fairness in Public Construction Contract Act (K.S.A. 16-1901 et seq.): owners pay within 30 days of an undisputed request (45 with extenuating circumstances), subs within 7 business days, 18% annual interest; highway, road and bridge work is excluded.
Federal agencies follow the Prompt Payment Act: generally 30 days after a proper invoice, with interest at the Treasury rate (4.75% for July 1, 2026 to December 31, 2026) when they pay late. To factor federal invoices, the funder usually needs an assignment of claims acknowledged by the contracting officer, which adds a week or two to setup. See factoring for government contractors and the prompt payment interest calculator.
What do Kansas lien and prompt pay rules mean for construction factoring?
Funders that factor construction receivables check lien and bond rights before they advance on a pay application, because those rights are what get an unpaid sub paid. Described generally:
- Mechanics lien deadline (private work, K.S.A. 60-1101 et seq.): Generally 3 months after last furnishing for subcontractors and suppliers, extendable to 5 months on non-residential property by filing a notice of extension within the first 3 months. To enforce: 1 year after the lien statement is filed (K.S.A. 60-1105).
- Preliminary notice: Not generally required on commercial work; residential liens require a warning statement to the owner, and new residential work requires a notice of intent to perform filed before the home sells.
- Private prompt pay (Kansas Fairness in Private Construction Contract Act, K.S.A. 16-1801 et seq.): owner to contractor: 30 days after receipt of a timely, properly completed, undisputed payment request; contractor to sub: 7 business days after the contractor receives payment; late interest: 18% per year on undisputed late amounts.
- Public projects (K.S.A. 60-1111): you cannot lien public property, so payment bonds take its place. Bond required: Public contracts exceeding $100,000. Claim notice: No formal notice is required by statute (check the bond); suit must be brought within 6 months after completion of the project. State highway projects follow K.S.A. 68-410.
- Read every lien waiver before you sign it, and ask counsel how a waiver signed before payment affects your rights. More in factoring for construction subcontractors.
What else should a Kansas business know?
- The Kansas disclosure law treats a provider's characterization of an accounts receivable purchase as conclusive that it is not a loan or a transaction for the use, forbearance or detention of money (K.S.A. 75-783).
- Kansas state agencies owe late-payment interest only if the vendor asks for it in writing within 4 months, so vendors factoring state invoices should send that request when payments run late.
Questions people ask
Is invoice factoring legal in Kansas?
Yes. Kansas law expressly recognizes accounts receivable purchase transactions, and its disclosure act says a provider's characterization of the deal as a purchase is conclusive that it is not a loan. Factors do not need a state license or registration. They typically file a UCC-1 with the Kansas Secretary of State and collect directly from your customers.
Does Kansas require a disclosure for factoring deals?
Yes, for deals of $500,000 or less. Since July 1, 2024, the Kansas Commercial Financing Disclosure Act requires providers to disclose total funds provided, total payments, total dollar cost, payment terms and prepayment terms before closing. APR is not required. Banks, providers with 5 or fewer Kansas deals a year, and larger deals are exempt. The Attorney General enforces it.
Where do I search for UCC liens in Kansas?
UCC records are kept by the Kansas Secretary of State's Business Services Division on its KSUCC system at mykansas.ks.gov/ucc. Online searching requires a subscription account, and a debtor search costs $10 online or $20 on paper, plus $1 per page for collateral images. Many businesses ask their factor or lawyer to run the search.
How fast must a Kansas owner pay on a construction project?
On most commercial private projects, the Kansas Fairness in Private Construction Contract Act requires the owner to pay an undisputed request within 30 days and the contractor to pay subs within 7 business days of being paid. Late amounts carry 18% annual interest. Public projects follow a similar act, excluding highways, roads and bridges.
How fast can a Kansas business get funded by factoring?
With a clean file (current AR aging, invoices, a clear UCC search and creditworthy customers), first funding commonly takes about one to three weeks, and later invoices usually fund within a day or two of verification. Federal receivables take longer because of the assignment of claims.
Sources
- K.S.A. 75-783, Commercial Financing Disclosure Act definitions
- K.S.A. 75-784, required disclosures
- K.S.A. 75-785, exemptions
- K.S.A. 75-787, enforcement
- Mayer Brown, Kansas enacts commercial finance disclosure law
- Kansas Secretary of State, UCC filing information
- Levelset, Kansas prompt payment FAQs
- Levelset, Kansas mechanics lien FAQs
- Levelset, Kansas bond claim FAQs
General information, not legal advice. Statutes and deadlines change and have exceptions; check the source or ask counsel before relying on one. Spot an error? Tell us and we will fix it.