17-7306. Same; withdrawal from state; procedure; service of process on secretary of state. - Kansas Statutes

17-7306

Chapter 17.--CORPORATIONS Article 73.--FOREIGN CORPORATIONS

      17-7306.   Same; withdrawal from state; procedure; service of process on secretary of state. (a) Any foreign corporation which shall have qualified to do business in this state under the provisions of K.S.A. 17-7301, and amendments thereto, may surrender its authority to do business in this state and may withdraw therefrom by filing with the secretary of state:

      (1)   A certificate executed in accordance with K.S.A. 17-6003, and amendments thereto, stating that it surrenders its authority to transact business in the state of Kansas and withdraws therefrom; and stating the address to which the secretary of state may mail any process against the corporation that may be served upon the secretary of state;

      (2)   a copy of a certificate of dissolution issued by the proper official of the state or other jurisdiction of its incorporation, certified to be a true copy under the hand and official seal of the official, together with a certificate, which shall be executed in accordance with K.S.A. 17-6003, and amendments thereto, stating the address to which the secretary of state may mail any process against the corporation that may be served upon the secretary of state; or

      (3)   a copy of an order or decree of dissolution made by any court of competent jurisdiction or other competent authority of the state or other jurisdiction of its incorporation, certified to be a true copy under the hand of the clerk of the court or other official body, together with a certificate executed in accordance with K.S.A. 17-6003, and amendments thereto, stating the address to which the secretary of state may mail any process against the corporation that may be served upon the secretary of state.

      The documents evidencing the withdrawal may be filed by telefacsimile communication as prescribed by K.S.A. 17-6003a, and amendments thereto.

      (b)   Upon payment to the secretary of state of any required fees, the secretary of state shall record the certificate of withdrawal and return the original, certified, evidencing the surrender of the authority of the corporation to do business in this state and its withdrawal therefrom.

      (c)   Upon the filing of the certificate by the secretary of state, the appointment of the resident agent of the corporation in this state shall be revoked, and the corporation shall be deemed to have consented that service of process in any action, suit or proceeding based upon any cause of action arising in this state, during the time the corporation was authorized to transact business in this state, may thereafter be made by service upon the secretary of state in the manner prescribed by K.S.A. 60-304, and amendments thereto.

      History:   L. 1972, ch. 52, § 146; L. 1996, ch. 135, § 3; L. 1999, ch. 41, § 12; L. 2004, ch. 143, § 82; Jan. 1, 2005.