reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1776 Additional penalty for violations involving elderly or disabled person.

17-1776.
Additional penalty for violations involving elderly or disabled person.
(a) If any person is found to have violated any provision of the charitable organizations and solicitations act, and such violation is committed against elder or disabled persons, in addition to any civil penalty otherwise provided by law, the court may impose an additional civil penalty not to exceed $10,000 for each such violation.
(b) In determining whether to impose a civil penalty as provided in this section and the amount of such civil penalty, the court shall consider the extent to which one or more of the following factors are present:
(1) Whether the defendant's conduct was in disregard of the rights of the elder or disabled person;
(2) whether the defendant knew or should have known that the defendant's conduct was directed to an elder or disabled person;
(3) whether the elder or disabled person was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility or disability than other persons and actually suffered substantial physical, emotional or economic damage resulting from the defendant's conduct;
(4) whether the defendant's conduct caused an elder or disabled person to suffer any of the following:
(A) Mental or emotional anguish;
(B) loss of or encumbrance upon a primary residence of the elder or disabled person;
(C) loss of or encumbrance upon the elder or disabled person's principal employment or principal source of income;
(D) loss of funds received under a pension or retirement plan or a government benefits program;
(E) loss of property set aside for retirement or for personal or family care and maintenance;
(F) loss of assets essential to the health and welfare of the elder or disabled person; or
(G) any other factors the court deems appropriate.
(c) As used in this section elder person and disabled person shall mean the same as provided in K.S.A. 50-676, and amendments thereto.
(d) The provisions of this section shall be part of and supplemental to the charitable organizations and solicitations act.
History:
L. 2001, ch. 105, § 5; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1777 Charitable organizations fee fund created.

17-1777. Charitable organizations fee fund created.
There is hereby created in the state treasury the charitable organizations fee fund. The attorney general shall remit all moneys received pursuant to the charitable organizations and solicitations act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the charitable organizations fee fund. Moneys in the charitable organizations fee fund shall be used by the attorney general to carry out the provisions and purposes of the charitable organizations and solicitations act. All expenditures from the charitable organizations fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general or a person designated by the attorney general.
History:
L. 2021, ch. 110, § 9; May 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 17 - Religious, Charitable And Other Organizations › 17-1778 Custody of records.

17-1778. Custody of records.
The attorney general shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the secretary of state relating to the charitable organizations and solicitations act.
History:
L. 2021, ch. 110, § 10; May 27.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1901 Poles, wires and fixtures of telegraph companies.

17-1901.
Poles, wires and fixtures of telegraph companies.
Corporations created for the purpose of constructing and maintaining magnetic telegraph lines are authorized to set their poles, piers, abutments, wires and other fixtures along, upon and across any of the public roads, streets and waters of this state, in such manner as not to incommode the public in the use of such roads, streets and waters.
History: G.S. 1868, ch. 23, § 74; October 31; R.S. 1923, 17-1901.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1903 Entry upon and condemnation of land.

17-1903.
Entry upon and condemnation of land.
Such companies are also authorized to enter upon any lands, whether owned by private persons in fee, or in any less estate, or by any corporation, whether acquired by purchase or by virtue of any provision in the charter of such corporation, for the purpose of making preliminary surveys and examinations, with a view to the erection of any telegraph lines; and, from time to time to appropriate so much of said lands as may be necessary to erect such poles, piers, abutments, wires and other necessary fixtures for a magnetic telegraph, and to make such changes of location of any part of said lines as may from time to time be deemed necessary, and shall have a right of access to construct said line, and when erected from time to time as may be required, to repair the same, and may proceed to obtain the right-of-way, and to condemn lands for the use of the corporation in the manner provided by K.S.A. 26-501 to 26-516, inclusive.
History: G.S. 1868, ch. 23, § 75; R.S. 1923, 17-1903; L. 1963, ch. 234, § 39; January 1, 1964.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1904 Exclusive right contracts prohibited.

17-1904.
Exclusive right contracts prohibited.
No corporation shall have power to contract with any owner of land for the right to erect and maintain a telegraph line over his lands to the exclusion of the lines of other companies.
History:
G.S. 1868, ch. 23, § 76; R.S. 1923, 17-1904.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1905 Powers of telegraph companies.

17-1905.
Powers of telegraph companies.
Any corporation, created as herein provided, may contract, own, use and maintain any line or lines of telegraph, whether wholly within or wholly or partly beyond the limits of this state, and shall have power to lease or attach to the line or lines of such corporation other telegraph lines, by lease or purchase, and may join with any other corporation or association in constructing, leasing, owning, using or maintaining their line or lines, upon such terms as may be agreed upon between the directors or managers of the respective corporations, and may own and hold any interest in such line or lines, or may become lessees thereof, on such terms as the respective corporations may agree.
History: G.S. 1868, ch. 23, § 77; October 31; R.S. 1923, 17-1905.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1906 Location and regulation of telegraph poles and lines in cities.

17-1906.
Location and regulation of telegraph poles and lines in cities.
The council of any city or trustees of any incorporated town or village through which the line of any telegraph corporation is to pass, may, by ordinance or otherwise, specify where the posts, piers or abutments shall be located, the kind of posts that shall be used, the height at which the wires shall be run, and such company shall be governed by the regulation thus prescribed; and after the erection of said telegraph lines, the council of any city or the trustees of any incorporated town or village shall have power to direct any alteration in the location or erection of said posts, piers or abutments, and also in the height at which the wires shall run, having first given such company or its agents opportunity to be heard in regard to such alteration.
History: G.S. 1868, ch. 23, § 78; October 31; R.S. 1923, 17-1906.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1907 Injury to telegraph, telephone or power line property; penalty.

17-1907.
Injury to telegraph, telephone or power line property; penalty.
Any person who shall willfully and intentionally injure, molest or destroy any of the lines, posts, piers, abutments or other material or property pertaining to any line of telegraph, telephone or electric transmission line erected in this state shall be deemed guilty of misdemeanor, and shall upon conviction be punished by fine not exceeding $500 or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.
History:
G.S. 1868, ch. 23, § 79; L. 1921, ch. 151, § 1; May 25; R.S. 1923, 17-1907.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1908 Interference with lines; penalty.

17-1908.
Interference with lines; penalty.
Any person who shall unlawfully and willfully cut, break, tap or make connection with any telegraph, telephone line or electric transmission line, wire or cable shall be deemed guilty of a misdemeanor, and be punished by a fine not exceeding $500 or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment.
History:
L. 1921, ch. 151, § 2; May 25; R.S. 1923, 17-1908.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1909 Consolidation of telegraph companies.

17-1909.
Consolidation of telegraph companies.
Any telegraph company now organized or which may hereafter be organized under the laws of this state, may, at any regular meeting of the stockholders thereof, by vote of persons holding a majority of shares of the stock of such company, unite or consolidate with any other company or companies now organized or which may hereafter be organized under the laws of the United States or of any state or territory, by consent of the company with which it may consolidate or unite; and such consolidated company, so formed, may hold, use and enjoy all the rights and privileges conferred by the laws of Kansas on companies separately organized under the provisions of this act, and be subject to the same liabilities.
History: G.S. 1868, ch. 23, § 80; October 31; R.S. 1923, 17-1909.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1910 Telegraph stations at county seats.

17-1910.
Telegraph stations at county seats.
That every telegraph company or other corporation operating a telegraph line through the corporate limits of any county seat in Kansas is hereby required to establish and maintain a telegraph station at such county seat, with the usual facilities and appointments for the convenience of the public in sending telegrams during the business hours of each day.
History:
L. 1893, ch. 152, § 1; May 18; R.S. 1923, 17-1910.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1911 Same; penalties.

17-1911.
Same; penalties.
Each telegraph company or other corporation operating a telegraph line failing or neglecting to comply with the provisions of K.S.A. 17-1910 shall be liable to a penalty of ten dollars ($10) for each day of such failure or neglect, to be recovered and paid to the state treasurer pursuant to K.S.A. 20-2801, and any amendments thereto, the same as other fines and penalties; the action for such penalty being prosecuted by the county attorney, with the state of Kansas as plaintiff, and before any court of competent jurisdiction.
History: L. 1893, ch. 152, § 2; R.S. 1923, 17-1911; L. 1973, ch. 106, § 3; L. 1978, ch. 105, § 2; January 1, 1979.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1912 Telegraph stations in cities over 50,000 population; free delivery of messages, when.

17-1912.
Telegraph stations in cities over 50,000 population; free delivery of messages, when.
That every telegraph company or other corporation operating a telegraph line through or into the corporate limits of cities of the first class is hereby required to establish and maintain a telegraph station in each of said cities of the first class containing fifty thousand inhabitants or over, with the usual facilities and appointments for the convenience of the inhabitants of said cities, during the hours from eight o'clock in the forenoon until twelve o'clock midnight of each day, and deliver messages to the inhabitants thereof at all such hours free of extra charge therefor.
History:
L. 1903, ch. 514, § 1; R.S. 1923, 17-1912.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1913 Same; penalties.

17-1913.
Same; penalties.
Any telegraph company, or any manager, agent or employee thereof, who shall fail or neglect to keep said station open or deliver messages as provided for in K.S.A. 17-1912 shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the county jail not exceeding six months.
History:
L. 1903, ch. 514, § 2; R.S. 1923, 17-1913.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1914 Moving buildings or structures on streets, alleys, roads and highways having transmission lines and aerial facilities; permits.

17-1914.
Moving buildings or structures on streets, alleys, roads and highways having transmission lines and aerial facilities; permits.
No person, firm or corporation shall move, haul, or transport, any house, building, derrick, or other structure of the height when loaded for movement, of sixteen (16) feet or more from the surface of the highway, road, street or alley, upon, across, or over, any public highway, road, street or alley, in the state of Kansas, either within or outside of the limits of any incorporated city, upon which public highway, road, street or alley, any telephone, telegraph, electric light, or electric power wires or other aerial facilities are in place, without first obtaining a permit therefor as hereinafter provided.
History:
L. 1917, ch. 251, § 1; R.S. 1923, 17-1914; L. 1974, ch. 97, § 1; L. 1975, ch. 135, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1915 Application for permits; fees.

17-1915.
Application for permits; fees.
All applications for permits required under K.S.A. 17-1914, and amendments thereto, shall be made to the county clerk of the county in which the property to be moved is located. If such property is located within the limits of an incorporated city, such application shall be made to the city clerk of the city. Such application shall state whether it will be necessary to cut and move, raise, or in any way interfere with any wires, cables, or other aerial equipment of any public or municipally owned utility, and if so, the application also shall state the name of such public or municipally owned utility, and the time and location that the applicant's moving operations shall necessitate the cutting, moving, raising or otherwise interfering with such aerial facilities. The county clerk or city clerk, as the case may be, shall issue a permit upon such application and payment of a permit fee. Such fee shall be in an amount as deemed reasonable by the governing body of each city or county. Fees collected hereunder shall be deposited in the city or county treasury as the case may be.
History:
L. 1917, ch. 251, § 2; R.S. 1923, 17-1915; L. 1974, ch. 97, § 2; L. 1975, ch. 135, § 2; L. 1993, ch. 18, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1916 Notice to utility.

17-1916.
Notice to utility.
The applicant shall, upon the issuance of such permit, if the application states that it will be necessary to cut and move, raise or in any way interfere with any wires, cables or other aerial equipment of any public or municipally owned utility give not less than fifteen (15) days written notice to the public or municipally owned utility owning or operating such wires, cables or other aerial facilities, or to their agents, of the intent to move a structure, giving the time and location of the applicant's moving operations. Should the moving operation be delayed, then applicant shall again give the public or municipally owned utility not less than twenty-four (24) hours advance notice of the actual operation.
History:
L. 1917, ch. 251, § 3; R.S. 1923, 17-1916; L. 1974, ch. 97, § 3; L. 1975, ch. 135, § 3; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1917 Duty of utility owning lines or facilities; payment of expenses; bond or surety; failure of utility to perform, damages; action to recover damages, fees and costs.

17-1917.
Duty of utility owning lines or facilities; payment of expenses; bond or surety; failure of utility to perform, damages; action to recover damages, fees and costs.
It shall be the duty of any public or municipally owned utility owning or operating such wires, cables or other aerial equipment after service of notice, as required in K.S.A. 17-1916, to furnish competent workmen or linemen to remove, raise, or cut such wires, cables or other aerial equipment as will be necessary to facilitate applicant's moving operations. The necessary expense which is incurred by or on behalf of any public or municipally owned utility for cutting, raising, removing, or otherwise facilitating the moving operations of the applicant shall be paid by applicant to each public or municipally owned utility concerned. The public or municipally owned utility may require the applicant to furnish the public or municipally owned utility with appropriate bond or other surety agreement insuring the payment of all expenses incurred as a result of applicant's moving operations.
The failure of any public or municipally owned utility, after having received the notice provided for in K.S.A. 17-1916, and having received advance payment or agreed to accept a surety arrangement in lieu of advance payment, to raise, remove, relocate or otherwise adjust its aerial facilities to accommodate applicant's moving operations, within fifteen (15) days from date notice is received or within twenty-four (24) hours after notice is given following the initial fifteen (15) day notice period, shall render such utility liable to applicant for damages in an amount not to exceed one hundred dollars ($100) per day for each day said public or municipally owned utility fails and refuses to so accommodate applicant's moving operations. Suit to recover such damages shall be maintained in the district court in the district in which such property is located and the applicant shall be entitled to reasonable attorney's fees and court costs in addition to such damages.
History:
L. 1917, ch. 251, § 4; R.S. 1923, 17-1917; L. 1974, ch. 97, § 4; L. 1975, ch. 135, § 4; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1918 Unlawful for mover to move or interfere with lines or facilities.

17-1918.
Unlawful for mover to move or interfere with lines or facilities.
It shall be unlawful for any person, firm, or corporation engaged as principal or employee in moving any house, building, derrick or other structure, as provided for in the above sections, to move, touch, cut, molest, or in any way interfere with any telephone, telegraph, electric light or electric power wires or any poles bearing any such wires, or any other equipment.
History:
L. 1917, ch. 251, § 5; R.S. 1923, 17-1918; L. 1974, ch. 97, § 5; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1920 Penalties.

17-1920.
Penalties.
Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and shall upon conviction thereof, be punished by a fine of not more than $100, or by imprisonment in the county jail for not more than 60 days, or by both such fine and imprisonment.
History:
L. 1917, ch. 251, § 7; March 7; R.S. 1923, 17-1920.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 19 - Telegraph, Telephone And Transmission Lines › 17-1922 Unconstitutional provisions not severable.

17-1922.
Unconstitutional provisions not severable.
If any provision of this act*, or the application of such provision to any person or circumstance is held invalid or unconstitutional, it shall be conclusively presumed that the legislature would not have enacted the remainder of this act without such invalid or unconstitutional provisions.
History:
L. 2002, ch. 32, § 3; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 20 - Trust Companies And Business Trusts › 17-2028 efinitions.

17-2028.
D
efinitions.
For the purposes of this act:
(a) A "business trust" is an unincorporated business association of the type which at common law was known as a "common-law trust," "business trust," or "Massachusetts trust," created by a trust instrument under which property is held, managed, administered, controlled, invested, reinvested, and operated by trustees for the benefit and profit of such persons as are or may become the holders of transferable certificates evidencing beneficial interests in the trust estate, the holders of which certificates are entitled to the same limitation of personal liability extended to stockholders of private corporations for profit;
(b) a "domestic" business trust is one created under the laws of this state;
(c) a "foreign" business trust is one created under the laws of a foreign country or of a territory or state other than Kansas; and
(d) the "corpus" of any business trust is equivalent to the capital and accumulated earnings or earned surplus of a corporation.
History:
L. 1961, ch. 127, § 2; April 29.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 20 - Trust Companies And Business Trusts › 17-2029 usiness trust created prior to act.

17-2029.
B
usiness trust created prior to act.
A business trust is hereby declared to be a permitted form of association for the conduct of business in this state, provided the provisions of this act are complied with, except, that nothing contained in this act shall be construed to limit, prohibit, or invalidate the existence, acts, or obligations to the state, of any business trust created or doing business in this state prior to the effective date hereof.
History:
L. 1961, ch. 127, § 3; April 29.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 20 - Trust Companies And Business Trusts › 17-2030 Business trust; required filings, contents.

17-2030.
Business trust; required filings, contents.
Any business trust, whether domestic or foreign, desiring to transact business in this state shall file in the office of the secretary of state, on such forms, if any, as the secretary of the state may prescribe:
(a) An executed copy of the trust instrument by which the trust was created and of all amendments thereto or a true and correct copy thereof certified to be such by a trustee thereof under penalty of perjury or by a public official of another state, territory, or country in whose office an executed copy thereof is on file;
(b) a verified list of the names and addresses of its trustees;
(c) the location of its registered office in this state and the name of its resident agent in charge of such registered office; and
(d) a foreign business trust shall file its irrevocable consent to service of process, accompanied by a duly certified copy of an order or resolution of the trustees of any foreign business trust authorizing the execution and filing of such irrevocable consent, conforming in substance to the consent required of foreign corporations in K.S.A. 17-7301, and amendments thereto.
History:
L. 1961, ch. 127, § 4; L. 1973, ch. 91, § 1; L. 1998, ch. 189, § 3; L. 1999, ch. 41, § 9; L. 2010, ch. 24, § 1; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 20 - Trust Companies And Business Trusts › 17-2031 iling fees.

17-2031.
F
iling fees.
At the time of filing the instruments required by K.S.A. 17-2030, the business trust shall pay to the secretary of state a filing fee of fifty dollars ($50).
History: L. 1961, ch. 127, § 5; L. 1973, ch. 91, § 2; April 9.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 20 - Trust Companies And Business Trusts › 17-2032 onditions precedent to beginning business; liability for violations.

17-2032.
C
onditions precedent to beginning business; liability for violations.
No business trust shall transact any business in this state, except such as may be incidental to its organization, until it has fully complied with K.S.A. 17-2030 and 17-2031, and in event of any violation hereof all trustees of such business trust, except those who filed their written dissent in the office of the secretary of state before such business was transacted, shall be jointly and severally liable for all debts and obligations of the business trust arising from the business so transacted in this state prior to compliance with K.S.A. 17-2030 and 17-2031.
History:
L. 1961, ch. 127, § 6; April 29.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 20 - Trust Companies And Business Trusts › 17-2033 mendments to trust instruments; filing fees.

17-2033.
A
mendments to trust instruments; filing fees.
The trust instrument by which the business trust was created may be amended in the manner specified therein or in such manner as is valid under the common law applicable to business trusts, except that no such amendment adopted subsequent to the preliminary filings required by K.S.A. 17-2030, and amendments thereto, shall be legally effective in this state until an executed copy thereof has been filed in the office of the secretary of state, accompanied by a fee of $20.
History:
L. 1961, ch. 127, § 7; L. 1973, ch. 91, § 3; L. 1998, ch. 189, § 4; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 20 - Trust Companies And Business Trusts › 17-2034 owers; construction of instrument; terms and conditions, binding effect.

17-2034.
P
owers; construction of instrument; terms and conditions, binding effect.
Subject to the provisions of K.S.A. 17-2035, and amendments thereto, the powers and authority of any business trust authorized under this act to transact business in this state shall be as specified in the instrument by which it was created and any amendments thereto. Except as otherwise provided, such instrument shall be construed and interpreted in accordance with the common law applicable to business trusts. No business trust shall possess any power which would violate the public policy of this state or be authorized to engage in any business which a private corporation for profit organized under the laws of this state may not legally transact. Subject to the foregoing limitations on power and authority, any person dealing with a business trust authorized under this act to transact business in this state shall be bound by the terms and conditions of the instrument by which the trust was created and by any amendments thereto which have been filed in compliance with K.S.A. 17-2033, and amendments thereto.
History:
L. 1961, ch. 127, § 8; L. 1999, ch. 39, § 4; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 20 - Trust Companies And Business Trusts › 17-2035 pplicability of general corporate laws.

17-2035.
A
pplicability of general corporate laws.
Business trusts shall be subject to all applicable provisions of law, now in effect or hereinafter enacted, relating to domestic and foreign corporations, respectively, with regard to the issuance of securities, filing of required statements and reports, service of process, general grants of power to act and to sue or be sued, limitations upon individual liability of stockholders, and rights to acquire, mortgage, sell, lease, operate, and otherwise deal in or with real and personal property, except to the extent that such provisions of law are inconsistent with the specific provisions of this act.
History:
L. 1961, ch. 127, § 9; April 29.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 20 - Trust Companies And Business Trusts › 17-2037 Surrender of authority; resolution; withdrawal fee; business entity information reports and fees; closing out business; effect of withdrawal.

17-2037. Surrender of authority; resolution; withdrawal fee; business entity information reports and fees; closing out business; effect of withdrawal.
(a) Any business trust, domestic or foreign, that has obtained authority under this act to transact business in Kansas may surrender its authority at any time by:
(1) Filing in the office of the secretary of state a certified copy of a resolution duly adopted by its trustees declaring its intention to withdraw;
(2) paying a withdrawal fee of $20 at the time the resolution is filed; and
(3) filing all business entity information reports and paying all fees required by K.S.A. 17-2036, and amendments thereto, that such business trust has not previously filed and paid.
(b) During a period of five years following the effective date of such withdrawal the business trust shall nevertheless be entitled to convey and dispose of its property and assets in this state, settle and close out its business in this state, and perform any other act or acts pertinent to the liquidation of its business, property, and assets in this state, and to prosecute and defend all suits filed prior to the expiration of such five-year period involving causes of action arising prior to the effective date of such withdrawal or arising out of any act or transaction occurring during such five-year period in the course of the liquidation of its business, property or assets.
(c) The withdrawal of a business trust as provided in this section shall have no effect upon any suit filed by or against it prior to the expiration of such five-year period until such suit has been finally determined or otherwise finally concluded and all judgments, orders and decrees entered therein have been fully executed, even though such final determination, conclusion, or execution occurs after the expiration of such five-year period. With respect to a foreign business trust, withdrawal pursuant to this section shall not affect its written consent to be sued in the courts of this state, or the jurisdiction over such foreign business trust of the courts of this state, with respect to any cause of action which arose prior to the effective date of its withdrawal.
History:
L. 1961, ch. 127, § 11; L. 1973, ch. 91, § 5; L. 1998, ch. 189, § 5; L. 2005, ch. 157, § 4; L. 2021, ch. 61, § 5; January 1, 2023.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 20 - Trust Companies And Business Trusts › 17-2038 nvalidity of part.

17-2038.
I
nvalidity of part.
If any section, subsection, paragraph, sentence, clause, or phrase of this act is for any reason held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the constitutionality or validity of the remaining portion or portions of this act.
History:
L. 1961, ch. 127, § 12; April 29.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 22 - State Credit Union Code › 17-2202 Amendments to bylaws and charter; bylaw amendments to be filed; administrator's disapproval of amendments to bylaws; appeal.

17-2202. Amendments to bylaws and charter; bylaw amendments to be filed; administrator's disapproval of amendments to bylaws; appeal.
(a) Amendments of the bylaws may be adopted and amendments of the charter may be requested by the membership pursuant to K.S.A. 17-2207, and amendments thereto, or upon approval of the board of directors at any duly held meeting, if the members of the board have been given prior written notice of the meeting and the notice has contained a copy of the proposed amendment or amendments.
(b) Except as provided in paragraphs (1) and (2), no amendment to the bylaws shall become operative until approved by the administrator in writing, and until a certified copy has been filed as original bylaws are filed.
(1) If the administrator disapproves any proposed amendment, the credit union may appeal the decision in accordance with the Kansas administrative procedure act.
(2) Any proposed amendment shall be deemed to be approved if the administrator has not acted upon such proposed amendment within 60 calendar days of the date of receipt thereof by the administrator.
History:
L. 1929, ch. 141, § 2; L. 1968, ch. 160, § 2; L. 1981, ch. 101, § 1; L. 2012, ch. 24, § 1; L. 2019, ch. 22, § 3; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 22 - State Credit Union Code › 17-2203 Use of name; penalty for unauthorized use.

17-2203. Use of name; penalty for unauthorized use.
(a) Only credit unions organized under the provisions of the state credit union code, credit unions organized pursuant to federal law, an association of credit unions, or an organization, corporation or association whose membership or ownership is restricted to credit unions or credit union organizations may use any name, a website URL or title that contains the words "credit union" or any derivation thereof.
(b) Any other use by any person, copartnership, association or corporation of any name, or website URL or title that contains the words "credit union" or any derivation thereof and any misrepresentation as a credit union or conducting of business as a credit union by such entities shall be a class A misdemeanor and punishable as such. The administrator, any credit union or any organization, corporation or association of credit unions described in subsection (a) may petition a court of competent jurisdiction to enjoin a violation of this section.
History:
L. 1929, ch. 141, § 3; L. 1941, ch. 181, § 1; L. 1976, ch. 105, § 1; L. 1982, ch. 103, § 1; L. 2019, ch. 22, § 4; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 22 - State Credit Union Code › 17-2204a Investments; limitations; definition of credit union services organization.

17-2204a. Investments; limitations; definition of credit union services organization.
(a) Notwithstanding any other provision contained in the laws of this state providing for investments by credit unions, such credit unions may invest under written investment policies established by the board, in the bonds, debentures or other similar obligations issued under the authority of and pursuant to the act of congress known as the farm credit act of 1971, as amended. The total amount of such bonds, debentures or other similar obligations of any one obligor or maker shall at no time exceed 15% of the shares, undivided earnings and reserves of the credit union.
(b) Subject to rules and regulations of the administrator, credit unions may invest in a credit union services organization under written investment policies established by the board, if the credit union services organization is structured as a corporation, limited liability company or limited partnership. Subject to rules and regulations of the administrator, credit unions may make loans to such credit union services organization, except that any such investment in or loans to such credit union services organization shall not exceed, in the aggregate, 2% of the credit union's shares, undivided earnings and reserves. "Credit union services organization" means an organization established to provide operational and financial services primarily to credit unions.
(c) Subject to written guidelines issued by the administrator, a credit union may invest its funds under written investment policies established by the board, in investment securities defined by the administrator. Except for obligations of wholly owned government corporations, or obligations that provide a return of principal and interest that is guaranteed by an agency of the federal government, the total amount of such investment securities of any one obligor or maker held by the credit union shall at no time exceed 15% of the shares, undivided earnings and reserves of the credit union.
(d) Except as provided in K.S.A. 17-2204, and amendments thereto, a credit union is prohibited from participating directly or indirectly in: (1) The purchase or sale of a standby commitment; (2) a futures contract; (3) adjusted trading; or (4) a short sale of a security. A credit union's directors, officials, committee members and employees, and immediate family members of such individuals, may not receive pecuniary consideration in connection with the making of an investment or deposit by the credit union.
(e) Nothing contained in this section shall be construed to prohibit any funds of a credit union from being invested as now provided by law.
History:
L. 1957, ch. 153, § 1; L. 1971, ch. 76, § 1; L. 1973, ch. 93, § 1; L. 1987, ch. 85, § 2; L. 1995, ch. 128, § 1; L. 1996, ch. 72, § 1; L. 2007, ch. 71, § 1; L. 2019, ch. 22, § 6; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 22 - State Credit Union Code › 17-2206a Undelivered funds due creditors, depositors and shareholders of defunct credit union; duties of administrator and state treasurer; undistributed assets of defunct credit unions fund.

17-2206a.
Undelivered funds due creditors, depositors and shareholders of defunct credit union; duties of administrator and state treasurer; undistributed assets of defunct credit unions fund.
On and after July 1, 1972, and in every case occurring heretofore and hereafter, in which funds due to creditors, depositors and shareholders on liquidation of institutions under the jurisdiction of the credit union administrator under K.S.A. 17-2206 and 17-2230, and amendments thereto, are undelivered, they shall, together with accrued interest, if any, be paid to the credit union administrator, who shall remit such payments to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and credit such individual creditors, depositors or shareholders account in the undistributed assets of defunct credit union fund ledger. The state treasurer shall deposit the entire amount in the state treasury to the credit of the undistributed assets of defunct credit unions fund which is hereby created. Such fund shall be used only for refunds and payments of amounts due creditors, depositors and shareholders on claims filed with and approved by the credit union administrator. Any balance remaining in the fund from any single defunct credit union five years, during which time no person entitled thereto shall have appeared to claim such funds, shall be transferred by the credit union administrator to the state general fund and appropriate entries made in the individual creditors, depositors or shareholders record, showing the date and disposition of the funds and shall further recite that they were transferred by reason of this statute of limitation.
History:
L. 1972, ch. 62, § 1; L. 2001, ch. 5, § 59; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 22 - State Credit Union Code › 17-2207 Fiscal year; meetings.

17-2207. Fiscal year; meetings.
The credit union fiscal year shall end at the close of business on December 31. The annual meeting and any special meetings of the members of the credit union shall be held in accordance with the credit union's bylaws.
History:
L. 1929, ch. 141, § 7; L. 1959, ch. 117, § 2; L. 1982, ch. 102, § 3; L. 1997, ch. 5, § 1; L. 2019, ch. 22, § 8; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 22 - State Credit Union Code › 17-2208 Officers; board of directors; committees; suspension of members, when.

17-2208. Officers; board of directors; committees; suspension of members, when.
(a) Annually the members of the credit union shall elect members of a board of directors as shall be provided in the bylaws. The bylaws shall state the manner of appointment or election of a supervisory committee. If the bylaws provide for a credit committee, the credit committee may be appointed by the board of directors or elected by the members of the credit union. All directors and committee members shall be chosen from the membership. Directors and committee members shall hold office for such terms as may be provided in the bylaws.
(b) One member of the supervisory committee may be a director other than the treasurer. Regular terms of supervisory committee members shall be for such term as shall be provided in the bylaws and until the selection and qualification of their successors.
(c) All members of the board and committees and all officers shall be sworn and shall hold their several offices for such terms as may be provided in the bylaws. The oath shall be subscribed by the individual taking it and certified by the officer before whom it is taken and shall immediately be transmitted to the administrator and filed and preserved in the administrator's office.
(d) The board of directors may suspend or remove any or all members of the credit and supervisory committees for failure to perform their duties. Any vacancy shall be filled in accordance with the credit union's bylaws.
History:
L. 1929, ch. 141, § 8; L. 1957, ch. 152, § 2; L. 1965, ch. 153, § 1; L. 1968, ch. 160, § 5; L. 1977, ch. 77, § 1; L. 1982, ch. 102, § 4; L. 2012, ch. 25, § 1; L. 2019, ch. 22, § 9; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 22 - State Credit Union Code › 17-2209 Directors to elect officers; duties of board; executive committee.

17-2209. Directors to elect officers; duties of board; executive committee.
(a) At the first meeting and at each first meeting in the fiscal year following the annual meeting of the credit union, the board of directors shall elect from their own number an executive officer who may be designated as chairperson of the board or president, a vice-chairperson of the board or one or more vice-presidents, a treasurer and a secretary, of whom the last two may be the same individual, and the persons so elected shall be the executive officers of the corporation.
(b) The board of directors shall:
(1) Set the par value of shares, if any, of the credit union.
(2) Set the minimum of shares, if any, required for membership.
(3) Designate those persons or positions authorized to execute or certify documents or records on behalf of the credit union.
(4) Authorize the purchase of adequate fidelity and insurance coverage for officers, directors, committee members and employees and for losses caused by persons outside the credit union for which the credit union may be liable.
(5) Authorize the employment and compensation of the chief executive officer.
(6) Approve an annual operating budget for the credit union.
(7) Authorize the conveyance of real property.
(8) Review and approve the annual audit.
(9) Appoint any committees deemed necessary.
(10) Establish conditions under which a member may be removed for cause.
(11) Perform such other duties or authorize any action not inconsistent with the state credit union code.
(c) In addition, unless delegated, the board shall:
(1) Establish policies under which the credit union may borrow, lend and invest money to carry on the functions of the credit union.
(2) Act upon applications for membership in the credit union.
(3) Establish the loan policies under which loans may be approved.
(4) Declare dividends on shares and set the rates of interest on deposits.
(5) Determine the amount that may be loaned to a member, together with the terms and conditions of the loan.
(6) Approve the charge-off of credit union losses.
(d) No member of the board of directors or of the credit or supervisory committee shall receive any compensation as a member of the board or committee. The provision of reasonable life, health, accident, disability and similar insurance protection for a director or committee member shall not be considered compensation. Directors and committee members, while on official business of the credit union, may be reimbursed for necessary expenses incidental to the performance of the business. The credit union may compensate any director, committee member or officer for loss of salary or wages due to the performance of business on behalf of the credit union.
History:
L. 1929, ch. 141, § 9; L. 1951, ch. 204, § 3; L. 1957, ch. 152, § 3; L. 1963, ch. 140, § 2; L. 1965, ch. 153, § 2; L. 1968, ch. 160, § 6; L. 1973, ch. 94, § 1; L. 1982, ch. 102, § 5; L. 1992, ch. 225, § 3; L. 2019, ch. 22, § 10; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 22 - State Credit Union Code › 17-2210 Method of making loans.

17-2210. Method of making loans.
The credit committee, credit manager, or loan officer shall have the general supervision of all loans to members. The credit committee, credit manager or loan officer may approve or disapprove loans, subject to written policies established by the board of directors. The president or general manager or a designee thereof may serve as the credit manager.
History:
L. 1929, ch. 141, § 10; L. 1941, ch. 181, § 2; L. 1959, ch. 117, § 3; L. 1976, ch. 107, § 1; L. 1982, ch. 103, § 3; L. 2012, ch. 25, § 2; L. 2019, ch. 22, § 11; July 1.
2023 Kansas Statutes › Chapter 17 - Corporations › Article 22 - State Credit Union Code › 17-2211 Duties of supervisory committee; annual and supplementary audits; acceptance of certain audits.

17-2211. Duties of supervisory committee; annual and supplementary audits; acceptance of certain audits.
(a) The supervisory committee shall supervise the acts of the board of directors, credit committee and officers. The supervisory committee may suspend by a 2/3 vote any officer of the credit union or any member of the credit committee or the board of directors, until the next meeting of the members of the credit union, which meeting shall be held within 60 days after such suspension and at which meeting such suspension shall be acted upon by the members of the credit union. Any person suspended shall have the right to appear and be heard at the meeting.
(b) The committee shall fill vacancies in their own number until the next annual meeting of the members or vacancies shall be filled in such a manner as is provided in the bylaws.
(c) Subject to rules and regulations adopted by the administrator, the supervisory committee shall make or cause to be made a thorough annual audit of the receipts, disbursements, income, assets and liabilities of the credit union and shall make a full report to the directors, which report shall be presented at the annual meeting and shall be filed and preserved with the records of the credit union. The supervisory committee shall make or cause to be made such supplementary audits as it deems necessary or as may be ordered by the administrator, and submit reports of the supplementary audits to the board of directors. The administrator may accept in lieu of any required audit, an audit by a certified public accountant or other independent accountant.
History:
L. 1929, ch. 141, § 11; L. 1941, ch. 181, § 3; L. 1957, ch. 152, § 4; L. 1965, ch. 153, § 3; L. 1970, ch. 87, § 1; L. 1981, ch. 101, § 3; L. 1989, ch. 77, § 1; L. 1995, ch. 128, § 3; L. 2012, ch. 25, § 3; L. 2019, ch. 22, § 12; July 1.