Kansas Administrative Regulations › Agency 112 - KANSAS RACING AND GAMING COMMISSION › Article 3 - APPLICATION PROCEDURE › Section 112-3-7 - Corporate structure and control of organization license applicant

Current through Register Vol. 43, No. 28, July 11, 2024
Each application for an organization license shall contain the
				following information about the corporate or association structure and control
				of the applicant and any organization related to the applicant:
(a) The application shall list any commercial
			 or noncommercial names used by the applicant and the street, number, city and
			 county of the corporation's registered office in this state and the name of the
			 resident agent at that address. A list of the applicant's current telephone
			 number or numbers shall be included.
(b) The application shall describe the
			 applicant's corporate structure. The description shall state the year the
			 corporation was organized and the state in which it was organized.
(c) The application shall contain a certified
			 copy of the applicant's articles or incorporation and bylaws. Any amendments to
			 the articles of incorporation or bylaws shall be filed immediately with the
			 commission, so that, at all times, a current copy of the applicant's articles
			 of incorporation, bylaws and amendments to them will be recorded in the
			 commission office.
(d) The
			 application shall state whether in the past five years the applicant has been
			 reorganized or reincorporated or whether it has filed restated articles of
			 incorporation in the state of Kansas or in any other state. Documentation of
			 that action shall be attached to the application.
(e) The application shall include a copy of
			 the applicant's tax returns from the previous five years or all tax returns if
			 the applicant has been organized for less than five years.
(f) If the applicant's articles of
			 incorporation authorize issuance of capital stock, the application shall state
			 the classes of capital stock authorized, the amount authorized and the amount
			 outstanding as of a date not less than 15 days prior to the date the
			 application is filed.
(g) If the
			 applicant is authorized to issue capital stock, the application shall state the
			 name and address of each person or entity who owns, of record or beneficially,
			 one or more shares of any class of capital stock or an option or conditional
			 interest in the applicant. This information may be displayed in columnar forms
			 providing for name and address, class of stock owned, type of ownership,
			 whether of record or beneficial, amount owned, and percent of the class of
			 stock.
(h) If the applicant is
			 authorized to issue capital stock, the application shall describe briefly the
			 terms of any voting trust or power in which any of the capital stock is held
			 and the name, address, class of stock and number of shares of stock for all
			 stock held by that voting trust or power.
(i) If the applicant corporation is
			 authorized to issue capital stock, the application shall describe briefly the
			 terms of any proxy by which any of the capital stock is held, the holder of the
			 proxy and the name, address, class of stock and number of shares of stock for
			 all stock held by such proxy.
(j)
			 If the applicant corporation is a non-stock corporation, the application shall
			 describe briefly the terms of any proxy or any voting power and the name and
			 address of any holder of the proxy or voting powers.
(k) The application shall state any
			 redemption, purchase, retirement, conversion or exchange provisions. If the
			 rights of holders of stock affected by such provisions may be modified by a
			 means other than a majority vote or more of the shares outstanding, voting as a
			 class, a statement and explanation shall be included.
(l) The application shall list the names,
			 including any aliases or previous names, of all directors and officers of the
			 applicant and all persons chosen to become directors or officers. Personal
			 background disclosure forms shall be furnished for each person named using
			 forms provided by the commission. All positions and offices each director and
			 officer has held with the applicant and all principal occupation or occupations
			 each director or officer has held during the past five years shall be
			 identified. The applicant shall disclose for each listed individual the nature
			 and extent of any ownership interest, including options or other voting powers,
			 whether absolute or contingent, that the individual holds in the applicant
			 organization.
(m) If the applicant
			 was organized within the past five years, the application shall state the
			 following information:
(1) The names of the
			 organization's organizers or promoters;
(2) the nature and amount of anything of
			 value received or to be received by each organizer or promoter directly or
			 indirectly from the applicant; and
(3) the nature and amount of any assets,
			 services or other consideration received or to be received by the applicant
			 from the organizers or promoters.