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17-6003. Execution of deed or other instrument conveying land, real estate or interests therein by corporation; power of attorney. (a) If another section of this act or any other law of this state specifically prescribes a manner of executing or filing a specified instrument or a time when such instrument shall become effective, which differs from the corresponding provisions of this section, then the provisions of such other section shall govern.

(b) When any corporation conveys any lands or interests therein by deed or other appropriate instrument of conveyance, such deed or instrument shall be executed on behalf of the corporation by any authorized officer of the corporation. Such deed or instrument, when acknowledged by such officer to be the act of the corporation, or proved in the same manner provided for other conveyances of lands, may be recorded in the same manner and with the same effect as other deeds. Corporations likewise shall have power to convey by an agent or attorney so authorized under power of attorney or other instrument containing a power to convey real estate or any interest therein, which power of attorney shall be executed by the corporation in the same manner as herein provided for the execution of deeds or other instruments of conveyance.

History: L. 1972, ch. 52, § 3; L. 1973, ch. 100, § 2; L. 1984, ch. 201, § 12; L. 1987, ch. 89, § 1; L. 1998, ch. 39, § 1; L. 1999, ch. 41, § 10; L. 1999, ch. 149, § 1; L. 2000, ch. 39, § 1; L. 2004, ch. 143, § 2; L. 2009, ch. 64, § 1; L. 2014, ch. 121, § 41; January 1, 2015.

Source or Prior Law:

17-2601, 17-2804, 17-3007; 8 Del. C. § 103.

Revisor's Note:

Section was also amended by L. 1999, ch. 39, § 7, but that version was repealed by L. 1999, ch. 149, § 14.

Cross References to Related Sections:

Evidentiary effect of articles of incorporation and other corporate instruments filed with secretary of state, see 17-6005.

Fees for issuing or filing and indexing corporate documents, see 17-7506.

Law Review and Bar Journal References:

Unification of procedure for executing and filing corporate documents, William E. Treadway, 40 J.B.A.K. 301, 305 (1971).

"Liability Of Corporate Officers For Unlawful Sale Of Securities," Caroline Ong, 90 J.K.B.A. No. 2, 25, 27 (1990).

"The New Corporate Landscape: 2004 Kansas General Corporation Code," William Quick, 73 J.K.B.A. No. 7, 30 (2004).

Attorney General's Opinions:

Certificates; execution. 79-1

Register of deeds; recordation of clinical hypnotist certificate. 80-110.

Corporate instruments; execution of deeds or other instruments of conveyance. 81-66.

State banking code; merger of bank with general business corporation. 83-29.

Interlocal agreements and filing of articles of incorporation and other instruments; exceptions. 90-3.

CASE ANNOTATIONS

1. No corporation exists until articles of incorporation filed with both register of deeds and secretary of state. State ex rel. McCain v. Construction Enterprises, Inc., 6 Kan. App. 2d 627, 629, 631 P.2d 1240 (1981).

2. Filing articles of incorporation with register of deeds pursuant to subsection (c)(5) is a requirement of corporate existence. Fee Ins. Agency, Inc. v. Snyder, 261 Kan. 414, 415, 930 P.2d 1054 (1997).


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