reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 17 - Corporations › Article 47 - Urban Renewal Law › 17-4743 Legislative findings; declarations of necessity; eminent domain.

17-4743.
Legislative findings; declarations of necessity; eminent domain.
It is hereby found and declared that there exist in certain cities of the state, slum and blighted areas (as herein defined) which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities and retards the provision of housing accommodations; and that the prevention and elimination of slums and blight is a matter of state policy and state concern in order that the state and certain cities therein shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and that because of the congestion in such slum and blighted area innumerable traffic problems are created which hamper the easy flow of motor vehicles throughout the area, and, while contributing little to the tax income of the state and its municipalities, consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities.
It is further found and declared that certain slum or blighted areas, or portions thereof, may require acquisition and clearance, as provided in this act, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this act, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; and that to the extent feasible salvable slum and blighted areas should be conserved and rehabilitated through voluntary action and the regulatory process.
It is further found and declared that the powers conferred by this act are for public uses and purposes for which public money may be expended and the power of eminent domain exercised; and that the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.
History:
L. 1955, ch. 86, § 2; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 47 - Urban Renewal Law › 17-4744 Rehabilitation or redevelopment of urban renewal area by private enterprise.

17-4744.
Rehabilitation or redevelopment of urban renewal area by private enterprise.
A municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this act, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise. A municipality shall give consideration to this objective in exercising its powers under this act, including the formulation of a workable program, the approval of urban renewal plans (consistent with the general plan for the municipality), the adoption and enforcement of ordinances as provided for in K.S.A. 17-4759, the exercise of its zoning powers, the enforcement of other laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the provision of necessary public improvements.
History:
L. 1955, ch. 86, § 3; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 47 - Urban Renewal Law › 17-4745 Formulation of workable program; provisions for inclusion.

17-4745.
Formulation of workable program; provisions for inclusion.
A municipality for the purposes of this act may formulate a workable program for utilizing appropriate private and public resources (including those specified in K.S.A. 17-4759) to eliminate, and prevent the development or spread of, slums and urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for: The prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds and other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structure; and the clearance and redevelopment of slum areas or portions thereof.
History:
L. 1955, ch. 86, § 4; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 47 - Urban Renewal Law › 17-4746 Finding of necessity; resolution.

17-4746.
Finding of necessity; resolution.
No municipality shall exercise any of the powers hereafter conferred by this act until after its local governing body shall have adopted a resolution finding that: (1) One or more slum or blighted areas exist in such municipality; and (2) the rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of such municipality.
History:
L. 1955, ch. 86, § 5; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 47 - Urban Renewal Law › 17-4749 Acquisition of property; eminent domain.

17-4749.
Acquisition of property; eminent domain.
(a) A municipality shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with an urban renewal project under this act. A municipality may exercise the power of eminent domain in the manner provided by chapter 26 of the Kansas Statutes Annotated, and acts amendatory thereof or supplementary thereto, or it may exercise the power of eminent domain in the manner now or which may be hereafter provided by any other statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired in like manner: Provided, That no real property belonging to the state, or any political subdivision thereof, may be acquired without its consent.
(b) In any proceeding to fix or assess compensation for damages for the taking of property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages, in addition to evidence or testimony otherwise admissible:
(1) Any use, condition, occupancy, or operation of such property which is unlawful or violative of, or subject to elimination, abatement, prohibition, or correction under, any law or any ordinance or regulatory measure of the state, county, municipality, other political subdivision, or any agency thereof, in which such property is located, as being unsafe, substandard, insanitary or otherwise contrary to the public health, safety, or welfare;
(2) The effect on the value of such property, of any such use, condition, occupancy, or operation, or of the elimination, abatement, prohibition, or correction of any such use, condition, occupancy, or operation;
(c) The foregoing testimony and evidence shall be admissible notwithstanding that no action has been taken by any public body or public officer toward the abatement, prohibition, elimination or correction of any such use, condition, occupancy, or operation. Testimony or evidence that any public body or public officer charged with the duty or authority so to do has rendered, made or issued any judgment, decree, determination or order for the abatement, prohibition, elimination or correction of any such use, condition, occupancy, or operation shall be admissible and shall be prima facie evidence of the existence and character of such use, condition or operation.
History:
L. 1955, ch. 86, § 8; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 47 - Urban Renewal Law › 17-4752 Investments in bonds issued pursuant to act; conditions.

17-4752.
Investments in bonds issued pursuant to act; conditions.
All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds or other obligations issued by a municipality pursuant to this act or by any urban renewal agency vested with urban renewal project powers under K.S.A. 17-4756: Provided, That such bonds and other obligations shall be secured by an agreement between the issuer and the federal government in which the issuer agrees to borrow from the federal government and the federal government agrees to lend to the issuer, prior to the maturity of such bonds or other obligations, moneys in an amount which (together with any other moneys irrevocably committed to the payment of interest on such bonds or other obligations) will suffice to pay the principal of such bonds or other obligations with interest to maturity thereon, which moneys under the terms of said agreement are required to be used for the purpose of paying the principal of and the interest on such bonds or other obligations at their maturity. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
History:
L. 1955, ch. 86, § 11; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 47 - Urban Renewal Law › 17-4753 Property exempt from levy and sale by execution and judgment charge or lien; alternative remedies.

17-4753.
Property exempt from levy and sale by execution and judgment charge or lien; alternative remedies.
(a) All property of a municipality, including funds, owned or held by it for the purposes of this act shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against a municipality be a charge or lien upon such property: Provided, however, That the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this act by a municipality on its rents, fees, grants or revenues from urban renewal projects.
(b) The property of a municipality, acquired or held for the purposes of this act, is declared to be public property used for essential public and governmental purposes.
History: L. 1955, ch. 86, § 12; L. 1975, ch. 495, § 11; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 47 - Urban Renewal Law › 17-4755 Instrument executed by municipality; presumption.

17-4755.
Instrument executed by municipality; presumption.
Any instrument executed by a municipality and purporting to convey any right, title or interest in any property under this act shall be conclusively presumed to have been executed in compliance with the provisions of this act insofar as title or other interest of any bona fide purchasers, lessees or transferees of such property is concerned.
History:
L. 1955, ch. 86, § 14; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 47 - Urban Renewal Law › 17-4758 Acquisition of interest in project by public officials, commissioners or employees; disclosures; holding other public office; violation of section, effect.

17-4758.
Acquisition of interest in project by public officials, commissioners or employees; disclosures; holding other public office; violation of section, effect.
No public official or employee of a municipality (or board or commission thereof), and no commissioner or employee of an urban renewal agency which has been vested by a municipality with urban renewal project powers under K.S.A. 17-4756 shall voluntarily acquire any interest, direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project of such municipality or in any contract or proposed contract in connection with such urban renewal project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local governing body and such disclosure shall be entered upon the minutes of the governing body.
If any such official, commissioner or employee presently owns or controls or owned or controlled within the preceding two (2) years, any interest, direct or indirect, in any property which he knows is included or planned to be included in an urban renewal project, he shall immediately disclose this fact in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body, and any such official, commissioner or employee shall not participate in any action by the municipality (or board or commission thereof), or urban renewal agency affecting such property.
Any disclosure required to be made by this section to the local governing body shall concurrently be made to an urban renewal agency which has been vested with urban renewal project powers by the municipality pursuant to the provisions of K.S.A. 17-4756. No commissioner or other officer of any urban renewal agency, board or commission exercising powers pursuant to this act shall hold any other public office under the municipality other than his commissionership or office with respect to such urban renewal agency, board or commission. Any violation of the provisions of this section shall constitute misconduct in office.
History:
L. 1955, ch. 86, § 17; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 47 - Urban Renewal Law › 17-4759a Same; purpose of act.

17-4759a.
Same; purpose of act.
This act is intended to authorize a municipality to prescribe minimum standards for all types of structures (both "residential" and "nonresidential") and to regulate their use, occupancy, maintenance and repair, removal and demolition. This expansion of K.S.A. 17-4759 to include "nonresidential" structures is not intended to limit or impair in any manner a municipality's power to prescribe minimum housing standards within the municipality.
History:
L. 1965, ch. 155, § 2; May 18.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 47 - Urban Renewal Law › 17-4761 Invalidity of part; act supplemental to other laws.

17-4761.
Invalidity of part; act supplemental to other laws.
Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Insofar as the provisions of this act are inconsistent with the provisions of any other law, the provisions of this act shall be controlling. The powers conferred by this act shall be in addition and supplemental to the powers conferred by any other law.
History:
L. 1955, ch. 86, § 20; June 30.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 47 - Urban Renewal Law › 17-4762 Township authorized to administer, receive and expend federal funds.

17-4762.
Township authorized to administer, receive and expend federal funds.
If, prior to the effective date of this act, any persons residing within a township and outside the corporate limits of any city having [have]submitted an application to an agency of the United States government for moneys to assist in providing additional housing facilities in the community in which such persons reside, the governing body of the township, in which such persons reside shall be authorized, upon approval of such project application, to administer such project and to receive and expend any federal moneys granted therefor in accordance with any terms, rules, regulations or requirements of the federal agency granting such moneys.
History:
L. 1971, ch. 324, § 1; April 9.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49 - Uniform Act For Simplification Of Fiduciary Security Transfers › 17-4903 Definitions.

17-4903.
Definitions.
In this act, unless the context otherwise requires:
(a) "Assignment" includes any written stock power, bond power, bill of sale, deed, declaration of trust, or other instrument of transfer.
(b) "Claim of beneficial interest" includes a claim of any interest by a decedent's legatee, distributee, heir, or creditor, a beneficiary under a trust, a conservatee, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person on his behalf, and includes a claim that the transfer would be a breach of fiduciary duties.
(c) "Corporation" means a private or public corporation, association or trust issuing a security.
(d) "Fiduciary" means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian, nominee, receiver, assignee for benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate.
(e) "Person" includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(f) "Security" includes any share of stock, bond, debenture, note, or other security issued by a corporation which is registered as to ownership on the books of the corporation.
(g) "Transfer" means a change on the books of a corporation in the registered ownership of a security.
(h) "Transfer agent" means a person employed or authorized by a corporation to transfer securities issued by the corporation.
History: L. 1961, ch. 123, § 1; L. 1965, ch. 150, § 6; January 1, 1966.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49 - Uniform Act For Simplification Of Fiduciary Security Transfers › 17-4904 Registration in the name of a fiduciary.

17-4904.
Registration in the name of a fiduciary.
A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship; and thereafter the corporation and its transfer agent may assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as such with respect to the particular security.
History:
L. 1961, ch. 123, § 2; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49 - Uniform Act For Simplification Of Fiduciary Security Transfers › 17-4905 Assignment by a fiduciary.

17-4905.
Assignment by a fiduciary.
Except as otherwise provided in this act, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary:
(a) May assume without inquiry that the assignment, even though to the fiduciary himself or to his nominee, is within his authority and capacity and is not in breach of his fiduciary duties;
(b) May assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and
(c) It is not charged with notice of and is not bound to obtain or examine any court record or any recorded or unrecorded document relating to the fiduciary relationship or the assignment, even though the record or document is in its possession.
History:
L. 1961, ch. 123, § 3; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49 - Uniform Act For Simplification Of Fiduciary Security Transfers › 17-4906 Evidence of appointment or incumbency.

17-4906.
Evidence of appointment or incumbency.
A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency:
(a) In the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within sixty days before the transfer; or
(b) In any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such a document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate.
Corporations and transfer agents may adopt standards with respect to evidence of appointment or encumbency under this subsection provided such standards are not manifestly unreasonable. Neither the corporation nor transfer agent is charged with notice of the contents of any document obtained pursuant to this paragraph (b) except to the extent that the contents relate directly to the appointment or incumbency.
History:
L. 1961, ch. 123, § 4; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49 - Uniform Act For Simplification Of Fiduciary Security Transfers › 17-4907 Adverse claims.

17-4907.
Adverse claims.
(a) A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. The corporation or transfer agent is not put on notice unless the written notice identifies the claimant, the registered owner, and the issue of which the security is a part, provides an address for communications directed to the claimant and is received before the transfer. Nothing in this act relieves the corporation or transfer agent of any liability for making or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner authorized in subsection (b).
(b) As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by him. If the corporation or transfer agent so mails such a notice it shall withhold the transfer for thirty (30) days after the mailing and shall then make the transfer unless restrained by a court order.
History:
L. 1961, ch. 123, § 5; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49 - Uniform Act For Simplification Of Fiduciary Security Transfers › 17-4908 Nonliability of corporation and transfer agent.

17-4908.
Nonliability of corporation and transfer agent.
A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by this act.
History:
L. 1961, ch. 123, § 6; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49 - Uniform Act For Simplification Of Fiduciary Security Transfers › 17-4909 Nonliability of third persons.

17-4909.
Nonliability of third persons.
(a) No person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary, including a person who guarantees the signature of the fiduciary, is liable for participation in any breach of fiduciary duty by reason of failure to inquire whether the transaction involves a breach, unless it is shown that he acted with actual knowledge that the proceeds of the transaction were being or were to be used wrongfully for the individual benefit of the fiduciary, or that the transaction was otherwise in breach of duty.
(b) If a corporation or transfer agent makes a transfer pursuant to an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary is not liable on the guarantee to any person to whom the corporation or transfer agent by reason of this act incurs no liability.
(c) This section does not impose any liability upon the corporation or its transfer agent.
History:
L. 1961, ch. 123, § 7; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49 - Uniform Act For Simplification Of Fiduciary Security Transfers › 17-4910 Rights and duties of corporation and transfer agents in registering or transferring securities.

17-4910.
Rights and duties of corporation and transfer agents in registering or transferring securities.
(a) The rights and duties of a corporation and its transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under whose laws the corporation is organized.
(b) This act applies to the rights and duties of a person other than the corporation and its transfer agents with regard to acts and omissions in this state in connection with the acquisition, disposition, assignment, or transfer of a security by or to a fiduciary and of a person who guarantees in this state the signature of a fiduciary in connection with such a transaction.
History:
L. 1961, ch. 123, § 8; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49 - Uniform Act For Simplification Of Fiduciary Security Transfers › 17-4911 Tax obligations of corporation and transfer agents; proof of inheritance tax lien release not required prior to transfer.

17-4911.
Tax obligations of corporation and transfer agents; proof of inheritance tax lien release not required prior to transfer.
The uniform act for the simplification of fiduciary security transfers does not affect any obligation of a corporation or transfer agent with respect to estate, inheritance, succession or other taxes imposed by the laws of this state. For purposes of the lien imposed by K.S.A. 79-1569, and amendments thereto, however, a transfer made under the provisions of such act shall be deemed to have been made in accordance with law, and a corporation or transfer agent need not require that a fiduciary furnish a consent to transfer as proof of release of the lien prior to the completion of a transfer made under the provisions of such act.
History:
L. 1961, ch. 123, § 9; L. 1997, ch. 82, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49 - Uniform Act For Simplification Of Fiduciary Security Transfers › 17-4912 Uniformity of interpretation.

17-4912.
Uniformity of interpretation.
This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History:
L. 1961, ch. 123, § 10; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49 - Uniform Act For Simplification Of Fiduciary Security Transfers › 17-4913 Title of act.

17-4913.
Title of act.
This act may be cited as the uniform act for the simplification of fiduciary security transfers.
History:
L. 1961, ch. 123, § 11; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49a - Uniform Transfer On Death Security Registration Act › 17-49a01 Definitions.

17-49a01.
Definitions.
As used in the uniform TOD security registration act:
(a) "Beneficiary form" means a registration of a security which identifies the present owner of the security and the intention of the owner regarding the person or persons who will become the owner or owners of the security upon the death of the owner.
(b) "Person" means an individual, a corporation, a partnership, an association, trust or an organization.
(c) "Register" including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(d) "Registering entity" means a person who originates or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(e) "Security" means a certificated or uncertificated security as defined in K.S.A. 84-8-102, and amendments thereto, or as defined in K.S.A. 17-12a102, and amendments thereto, or a security account.
(f) "Security account" means (1) a reinvestment account associated with a security, a securities account with a broker, an agency account with a bank or trust company, a cash balance in a brokerage account, cash, interest, earnings or dividends earned or declared on a security in an account, a reinvestment account or a brokerage account, whether or not credited to the account before the owner's death, or (2) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
(g) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States.
History:
L. 1994, ch. 44, § 1; L. 1995, ch. 176, § 1; L. 1996, ch. 227, § 1; L. 2004, ch. 154, § 58; L. 2008, ch. 11, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49a - Uniform Transfer On Death Security Registration Act › 17-49a02 Registration in beneficiary form; sole or joint tenancy ownership.

17-49a02.
Registration in beneficiary form; sole or joint tenancy ownership.
Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form, and not as tenants in common.
History:
L. 1994, ch. 44, § 2; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49a - Uniform Transfer On Death Security Registration Act › 17-49a03 Same; applicable law.

17-49a03.
Same; applicable law.
A security or security account may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the law of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
History:
L. 1994, ch. 44, § 3; L. 2008, ch. 11, § 2; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49a - Uniform Transfer On Death Security Registration Act › 17-49a04 Same; origination.

17-49a04.
Same; origination.
A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
History:
L. 1994, ch. 44, § 4; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49a - Uniform Transfer On Death Security Registration Act › 17-49a05 Same; form.

17-49a05.
Same; form.
Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary.
History:
L. 1994, ch. 44, § 5; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49a - Uniform Transfer On Death Security Registration Act › 17-49a06 Same; effect

17-49a06.
Same; effect
The designation of a "TOD" or "POD" beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then surviving owners without the consent of the beneficiary.
History:
L. 1994, ch. 44, § 6; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49a - Uniform Transfer On Death Security Registration Act › 17-49a07 Ownership on death of owner.

17-49a07.
Ownership on death of owner.
On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. If any beneficiary should predecease the owner, then the security may be registered to another person or persons, in accordance with the beneficiary designation made by the owner or owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common, in equal shares unless otherwise directed by the beneficiary designation. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.
History:
L. 1994, ch. 44, § 7; L. 1996, ch. 227, § 2; L. 2010, ch. 44, § 13; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49a - Uniform Transfer On Death Security Registration Act › 17-49a08 Protection of registering entity.

17-49a08.
Protection of registering entity.
(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this act.
(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this act.
(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs or devisees of a deceased owner if it registers a transfer of the security in accordance with K.S.A. 17-49a07 and does so in good faith reliance (1) on the registration, (2) on this act, and (3) on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this act do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this act.
(d) The protection provided by this act to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
History:
L. 1994, ch. 44, § 8; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49a - Uniform Transfer On Death Security Registration Act › 17-49a09 Nontestamentary transfer on death.

17-49a09.
Nontestamentary transfer on death.
(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this act and is not testamentary.
(b) This act does not limit the right of creditors of security owners against beneficiaries and other transferees under other laws of this state.
History:
L. 1994, ch. 44, § 9; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49a - Uniform Transfer On Death Security Registration Act › 17-49a10 Registration in beneficiary form; terms, conditions and forms.

17-49a10.
Registration in beneficiary form; terms, conditions and forms.
A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (a) for registrations in beneficiary form, and (b) for implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes." This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.
History:
L. 1994, ch. 44, § 10; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 49a - Uniform Transfer On Death Security Registration Act › 17-49a12 Application of act.

17-49a12.
Application of act.
This act applies to registrations of securities in beneficiary form made before or after the effective date of this act, by decedents dying on or after the effective date of this act.
History:
L. 1994, ch. 44, § 12; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 50 - Certain Loans Or Investments › 17-5001 Making, buying or selling certain guaranteed or insured loans; application of K.S.A. 17-5501.

17-5001.
Making, buying or selling certain guaranteed or insured loans; application of
K.S.A.
17-5501.
Without regard to any other provision of law, savings and loan associations, building and loan associations, banks, trust companies, insurance companies, and other organizations of this state authorized to make mortgage loans and whose mortgage lending is regulated by law are authorized to make or buy and sell any loan secured or unsecured, which is insured or guaranteed by the United States or any instrumentality thereof, or by this state or any instrumentality thereof, or for which there is a commitment to so insure or guarantee, or for which a conditional guarantee has been issued: Provided, That unsecured loans authorized by this section shall be made only for maintenance, repair, modernization, alteration and improvement and the payment of delinquent indebtedness, taxes, or assessments on property owned by borrower: And provided further, That any such above described insured or guaranteed loans made by a savings and loan association, or a building and loan association, or a savings association, shall nevertheless remain subject to the limitations of loans to officers, directors and employees as provided in subsection (j) of K.S.A. 17-5501.
History:
L. 1945, ch. 260, § 1; L. 1951, ch. 207, § 1; L. 1955, ch. 139, § 1; L. 1972, ch. 64, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 52 - Savings And Loan Code; Incorporation And Organization › 17-5222 What corporate name shall include.

17-5222.
What corporate name shall include.
The name of every association hereafter incorporated shall include the words "savings" and "association." These words shall be preceded by an appropriate descriptive word or words approved by the board. An ordinal number may not be used as a single descriptive word preceding the words "savings" and "association," unless such words are followed by the words "of ________," the blank being filled by the name of the town, city or county in which the association has its home office. An ordinal number may be used together with another descriptive word, preceding the words "savings" and "association," provided the other descriptive word has not been used in the corporate name of any other association in the state, in which case the suffix mentioned above is not required to be used. An ordinal number may be used together with another descriptive word, preceding the words "savings" and "association" even when such other descriptive word has been used in the corporate name of an association in the state provided the suffix "of ________," as provided above, is also used. The suffix provided above may be used in any corporate name.
History:
L. 1943, ch. 133, § 23; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 52 - Savings And Loan Code; Incorporation And Organization › 17-5223 Words prohibited in corporate name.

17-5223.
Words prohibited in corporate name.
The use of the words "national," "federal," or "United States," separately or in any combination thereof with other words or syllables, is prohibited as part of the corporate name of an association.
History:
L. 1943, ch. 133, § 24; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 52 - Savings And Loan Code; Incorporation And Organization › 17-5224 Corporate name may not be same or nearly same as that of existing corporation; exceptions.

17-5224.
Corporate name may not be same or nearly same as that of existing corporation; exceptions.
No certificate of incorporation of a proposed association having the same name as a corporation authorized to do business under the law of this state or a name so nearly resembling it as to be calculated to deceive, shall be issued by the commissioner, except an association formed by the reincorporation, reorganization or consolidation of other association, or upon the sale of the property or franchises of an association. An association acquiring or becoming possessed of all the estate, property, rights, privileges and franchises of any other association or associations by merger may have the same name as the association or one of the associations to whose franchise it succeeded.
History:
L. 1943, ch. 133, § 25; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 59 - Agricultural Corporations › 17-5902 Business entity information reports.

17-5902. Business entity information reports.
(a) All corporations and limited partnerships, as defined in K.S.A. 17-5903, and amendments thereto, that hold agricultural land, as defined in K.S.A. 17-5903, and amendments thereto, within this state, and that are required to make written business entity information reports to the secretary of state shall provide the information required of such corporations and limited partnerships in the business entity information reports made under K.S.A. 17-7503, 17-7504, 17-7505, 56-1a606 or 56-1a607, and amendments thereto. The information required by this section does not apply to the following:
(1) A tract of land of less than 10 acres;
(2) contiguous tracts of land that in the aggregate are of less than 10 acres; or
(3) state assessed railroad operating property.
(b) Any person who shall knowingly submit, or who through the proper and due exercise of care and diligence should have known that any submission of information and statements required of corporations and limited partnerships subject to the provisions of this section are false or materially misleading, or who fails or refuses to submit such information and statements is guilty of a class A misdemeanor.
(c) The secretary of state shall keep a separate index of all corporations and limited partnerships subject to the provisions of this section.
History:
L. 1973, ch. 99, § 2; L. 1981, ch. 107, § 1; L. 1983, ch. 88, § 71; L. 1986, ch. 96, § 1; L. 2021, ch. 61, § 10; January 1, 2023.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 60 - Formation Of Corporations › 17-6001 Formation of corporations; incorporators; purposes; corporations subject to special statutory regulation.

17-6001. Formation of corporations; incorporators; purposes; corporations subject to special statutory regulation.
(a) Any person, partnership, association or corporation, singly or jointly with others, and without regard to such person's or entity's residence, domicile or state of incorporation, may incorporate or organize a corporation under this code by filing with the secretary of state articles of incorporation which shall be executed and filed in accordance with K.S.A. 17-7908 through 17-7910, and amendments thereto.
(b) Except as otherwise provided by law, a corporation may be incorporated or organized under this code to conduct or promote any lawful business or purposes.
(c) Corporations subject to special statutory regulation may be organized under this code if required by or otherwise consistent with such other statutory regulation, but such corporations shall be subject to the special provisions and requirements applicable to such corporations. Where the provisions and requirements of this code are not inconsistent, they shall be construed as supplemental to such other statutes and not in derogation or limitation thereof, and such corporations shall be governed thereby. Subject to the foregoing provisions of this subsection, any corporation organized under the laws of this state or authorized to do business in this state shall be governed by the applicable provisions of this code.
History:
L. 1972, ch. 52, § 1; L. 1973, ch. 99, § 7; L. 1999, ch. 39, § 6; L. 2000, ch. 39, § 16; L. 2016, ch. 110, § 14; July 1.