Kansas Statutes 17-2718. Business entity information report; contents; report fee
Terms Used In Kansas Statutes 17-2718
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Professional corporation: means a corporation organized under this act. See Kansas Statutes 17-2707
- Qualified person: means :
(1) Any natural person licensed, registered or certified to practice the same type of profession that any professional corporation is authorized to practice;
(2) the trustee of a trust that is a qualified trust under section 401(a) of the federal internal revenue code, as in effect on January 1, 2004, or of a contribution plan that is a qualified employee stock ownership plan under section 409A(a) of the federal internal revenue code, as in effect on January 1, 2004;
(3) the trustee of a revocable living trust established by a natural person who is licensed, registered or certified to practice the type of profession that any professional corporation is authorized to practice, if the terms of such trust provide that such natural person is the principal beneficiary and sole trustee of such trust and such trust does not continue to hold title to professional corporation stock following such natural person's death for more than a reasonable period of time necessary to dispose of such stock; or
(4) a healing arts school clinic authorized to perform professional services in accordance with Kan. See Kansas Statutes 17-2707
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Each professional corporation organized under the laws of this state shall file with the secretary of state a written business entity information report stating the prescribed information concerning the corporation at the close of business on the last day of its tax period next preceding the date of filing, but if any such corporation’s tax period is other than the calendar year it shall give notice thereof to the secretary of state prior to December 31 of the year it commences such tax period.
(b) The report shall be filed biennially, as determined by the year that the professional corporation filed its formation documents. A professional corporation that filed formation documents in an even-numbered year shall file a report in each even-numbered year.* A professional corporation that filed formation documents in an odd-numbered year shall file a report in each odd-numbered year. The report shall be filed after the close of the professional corporation’s tax period but not later than at the time prescribed by law for filing the corporation’s annual Kansas income tax return.
(c) The report shall be made on a form provided by the secretary of state, containing the following information:
(1) The name and postal address for each officer, director and shareholder of the professional corporation;
(2) a statement that each officer, director and shareholder is or is not a qualified person as defined in Kan. Stat. Ann. § 17-2707, and amendments thereto, and setting forth the date when any shares of the corporation were no longer owned by a qualified person; and
(3) the location of the principal office, including the building and suite number, street name or rural route number with box number, city, state and zip code.
(d) The report shall be signed by its president, secretary, treasurer or other officer duly authorized so to act, or by any two of its directors, or by an incorporator in the event the corporation’s board of directors shall not have been elected. The official title or position of the individual signing the report shall be designated. The fact that an individual’s name is signed on such report shall be prima facie evidence that such individual is authorized to sign the report on behalf of the corporation. The report shall be subscribed by the individual as true, under penalty of perjury. Upon request by the regulatory board that licenses the shareholders described in the report, a copy of the report shall be forwarded to the regulatory board.
(e) At the time of filing its business entity information report, each professional corporation shall pay the fee prescribed by Kan. Stat. Ann. § 17-7503, and amendments thereto.