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17-7510. Failure to file business entity information report or pay annual report fee; forfeiture of articles of incorporation or authority to do business in Kansas; notices; publication of forfeiture, when; certificates of good standing, issuance. (a) In addition to any other penalties, the failure of any domestic corporation to file the business entity information report in accordance with the provisions of this act or to pay the fee provided for within 90 days of the time for filing and paying the same or, in the case of a report filing and fee received by mail, postmarked within 90 days of the time for filing and paying the same, shall work the forfeiture of the articles of incorporation of such domestic corporation. Within 60 days after the date such business entity information report and fee are due, the secretary of state, by mail, shall notify any corporation that has failed to submit such report and fee when due that its articles of incorporation shall be forfeited unless the business entity information report is filed and the fee is paid within 90 days from the date such report and fee were due. Any corporation that fails to submit such report and fee within such time shall forfeit its articles of incorporation, and the secretary of state shall notify the attorney general that the articles of incorporation of such corporation have been forfeited.

(b) In addition to any other penalties, the failure of any foreign corporation to file the business entity information report or pay the fee prescribed by this act within 90 days from the time provided for filing and paying the same or, in the case of a report filing and fee received by mail, postmarked within 90 days of the time for filing and paying the same, shall work a forfeiture of its right or authority to do business in this state. Within 60 days after the date such business entity information report and fee are due, the secretary of state, by mail, shall notify any corporation that has failed to submit such report and fee when due that its authority to do business in this state shall be forfeited unless the business entity information report * and fee is paid within 90 days from the date such report and fee were due. Any corporation that fails to submit such report and fees within such time shall forfeit its authority to do business in this state, and the secretary of state shall publish a notice of such forfeiture in the Kansas register.

(c) This section shall not be construed to restrict the state from invoking any other remedies provided by law.

(d) The secretary of state shall not issue certificates of good standing for any corporation that has failed to file its business entity information report or pay the required fee.

History: L. 1972, ch. 54, § 10; L. 1973, ch. 101, § 4; L. 1975, ch. 146, § 1; L. 1981, ch. 324, § 9; L. 2004, ch. 171, § 25; L. 2005, ch. 157, § 16; L. 2016, ch. 110, § 126; L. 2021, ch. 61, § 19; January 1, 2023.

Source or Prior Law:

17-706.

Revisor's Note:

* The phrase "is filed" should have been included.

Section was amended multiple times during the 2004 session, see also 17-7510a.

Cross References to Related Sections:

Assertion of corporation's lack of corporate capacity or power, see 17-6104.

Payment of corporate fees as condition precedent to dissolution, see 17-6806.

Revocation or forfeiture of articles of incorporation, see 17-6812.

Extension, renewal or reinstatement of articles of incorporation or authority to do business in Kansas, see 17-7002.

Actions against corporations, see chapter 17, article 71.

Action to enjoin foreign corporation from transacting business in Kansas, see 17-7308.

Filing business entity information reports and payment of fees, see 17-7503 through 17-7505.

Attorney General's Opinions:

Forfeiture of articles of incorporation for failure to file report or pay taxes. 80-39.


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