Ch. 106 1997 Session Laws of Kansas 365
An Act concerning annual reports of business associations;
amending K.S.A. 17-2718, 17-
7503, 17-7504, 17-7505, 17-7647, 17-7648, 56-1a606 and 56-1a607 and
repealing the
existing sections.
Be it enacted by the Legislature of the State of
Kansas:
Section 1. K.S.A. 17-2718 is hereby amended to read as
follows:
17-2718. (a) Each professional corporation organized under the laws
of
this state shall file with the secretary of state an annual report
in writing
and a copy or duplicate thereof, showing the financial
condition of 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. The report shall be filed
at the
time prescribed by law for filing the corporation's annual Kansas
income
tax return, except that such corporation may apply to the secretary
of
state not more than 90 days after the due date of its annual report
for an
extension of the time for filing the report, and an extension shall
be
granted for a period of time corresponding to that granted under
the
366 1997 Session Laws of Kansas Ch. 106
internal revenue code or K.S.A. 79-3221, and amendments thereto.
The
report shall be made on a form provided by the secretary of state,
con-
taining the following information:
(1) The names and residence addresses of all officers, directors
and
shareholders of the professional corporation;
(2) a statement that each officer, director and shareholder is
or is not
a qualified person as defined in K.S.A. 17-2707, and amendments
thereto,
and setting forth the date on which any shares of the corporation
were
no longer owned by a qualified person; and
(3) the amount of capital stock issued.
(b) 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 its board of directors shall not
have
been elected. 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; however, the official
title or po-
sition of the individual signing the report shall be designated.
This report
will be dated and subscribed by the person as true, under penalty
of
perjury. The copy of the annual report or the duplicate original
copy of
the annual report shall be forwarded to the regulatory board which
li-
censes the shareholders described in the report. At the time of
filing its
annual report, each professional corporation shall pay the annual
fran-
chise tax prescribed by K.S.A. 17-7503, and amendments
thereto.
Sec. 2. K.S.A. 17-7503 is hereby amended to read as follows:
17-
7503. (a) Every domestic corporation organized for profit shall
make an
annual report in writing to the secretary of state, showing
the financial stating the prescribed information
concerning the corpora-
condition of
tion at the close of business on the last day of its tax period
next preceding
the date of filing, but if a corporation's tax period is other than
the cal-
endar year, it shall give notice thereof to the secretary of state
prior to
December 31 of the year it commences such tax period. The reports
shall
be made on forms prescribed by the secretary of state. The report
shall
be filed at the time prescribed by law for filing the corporation's
annual
Kansas income tax return, except that if any such corporation shall
apply
for an extension of time for filing its annual income tax return
under the
internal revenue service or under subsection (c) of K.S.A. 79-3221,
and
amendments thereto, such corporation shall also apply, not more
than 90
days after the due date of its annual report, to the secretary of
state for
an extension of the time for filing the report and an extension
shall be
granted for a period of time corresponding to that granted under
the
internal revenue code or K.S.A. 79-3221, and amendments thereto.
Such
application shall include a copy of the application to income tax
authori-
ties. The report shall contain the following information:
(1) The name of the corporation;
Ch. 106 1997 Session Laws of Kansas 367
(2) the location of the principal office;
(3) the names of the president, secretary, treasurer and members
of
the board of directors, with the residence address of each;
(4) the number of shares of capital stock issued and the amount
of
capital stock paid up;
(5) the nature and kind of business in which the corporation is
en-
gaged; and
(6) except as provided in K.S.A. 17-7515, and amendments
thereto,
a complete and detailed statement of the assets, liabilities and
net worth
of the corporation; and
(7) (6) a list of stockholders owning at
least 5% of the capital stock
of the corporation, with the post office address of each.
(b) Every corporation subject to the provisions of this section
which
holds agricultural land, as defined in K.S.A. 17-5903, and
amendments
thereto, within this state shall show the following additional
information
on the report:
(1) The acreage and location listed by section, range, township
and
county of each lot, tract or parcel of agricultural land in this
state owned
or leased by or to the corporation;
(2) the purposes for which such agricultural land is owned or
leased
and, if leased, to whom such agricultural land is leased;
(3) the value of the nonagricultural assets and the agricultural
assets,
stated separately, owned and controlled by the corporation both
within
and without the state of Kansas and where situated;
(4) the total number of stockholders of the corporation;
(5) the number of acres owned or operated by the corporation,
the
number of acres leased by the corporation and the number of acres
leased
to the corporation;
(6) the number of acres of agricultural land, held and reported
in
each category under provision (5), state separately, being
irrigated; and
(7) whether any of the agricultural land held and reported under
this
subsection was acquired after July 1, 1981.
(c) 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 its board of directors shall not
have been
elected. 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; however, the official title or
position
of the individual signing the report shall be designated. This
report will
be dated and subscribed by the person as true, under penalty of
perjury.
At the time of filing such annual report it shall be the duty of
each do-
mestic corporation organized for profit to pay to the secretary of
state an
annual franchise tax in an amount equal to $1 for each $1,000 of
the
corporation's shareholder's equity attributable to Kansas, except
that no
such tax shall be less than $20 or more than $2,500.
368 1997 Session Laws of Kansas Ch. 106
Sec. 3. K.S.A. 17-7504 is hereby amended to read as follows:
17-
7504. (a) Every corporation organized not for profit shall make an
annual
report in writing to the secretary of state, showing the
financial condition stating the prescribed information concerning
the corporation at the
of
close of business on the last day of its tax period next preceding
the date
of filing, but if a 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. The reports shall be made
on
forms prescribed by the secretary of state. The report shall be
filed on
the 15th day of the sixth month following the close of the taxable
year,
except that such corporation may apply to the secretary of state
not more
than 90 days after the due date of its annual report for an
extension of
the time for filing the report, and an extension shall be granted
for a
period of time corresponding to that granted under the internal
revenue
code or K.S.A. 79-3221, and amendments thereto. The report shall
con-
tain the following information:
(1) The name of the corporation;
(2) the location of the principal office;
(3) the names of the president, secretary and treasurer, and the
mem-
bers of the board of directors, with the residence address of
each;
(4) the number of memberships or the number of shares of
capital
stock issued and the amount of capital stock paid up;
and.
(5) a complete and detailed statement of the assets,
liabilities and net
worth of the corporation.
(b) Every corporation subject to the provisions of this section
which
holds agricultural land, as defined in K.S.A. 17-5903, and
amendments
thereto, within this state shall show the following additional
information
on the report:
(1) The acreage and location listed by section, range, township
and
county of each lot, tract or parcel of agricultural land in this
state owned
or leased by or to the corporation;
(2) the purposes for which such agricultural land is owned or
leased
and, if leased, to whom such agricultural land is leased;
(3) the value of the nonagricultural assets and the agricultural
assets,
stated separately, owned and controlled by the corporation both
within
and without the state of Kansas and where situated;
(4) the total number of stockholders of the corporation;
(5) the number of acres owned or operated by the corporation,
the
number of acres leased by the corporation and the number of acres
leased
to the corporation;
(6) the number of acres of agricultural land, held and reported
in
each category under paragraph (5) of this subsection (b), stated
sepa-
rately, being irrigated; and
(7) whether any of the agricultural land held and reported under
this
subsection was acquired after July 1, 1981.
Ch. 106 1997 Session Laws of Kansas 369
(c) 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 its board of directors shall not
have been
elected. 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; however, the official title or
position
of the individual signing the report shall be designated. This
report will
be dated and subscribed by the person as true, under penalty of
perjury.
At the time of filing such report, each nonprofit corporation shall
pay an
annual privilege fee of $5, except that the annual fee for tax
periods
ending after December 31, 1992, shall be $20.
Sec. 4. K.S.A. 17-7505 is hereby amended to read as follows:
17-
7505. (a) Every foreign corporation organized for profit, or
organized
under the cooperative type statutes of the state, territory or
foreign coun-
try of incorporation, now or hereafter doing business in this
state, and
owning or using a part or all of its capital in this state, and
subject to
compliance with the laws relating to the admission of foreign
corporations
to do business in Kansas, shall make an annual report in writing to
the
secretary of state, showing, in such form as the secretary
of state may stating the
prescribed information
prescribe, the financial condition of
concerning the corporation at the close of business on the last
day of its
tax period next preceding the date of filing, but if a corporation
operates
on a fiscal year other than the calendar year it shall give written
notice
thereof to the secretary of state prior to December 31 of the year
com-
mencing such fiscal year. The report shall be made on a form
prescribed
by the secretary of state. The report shall be filed at the time
prescribed
by law for filing the corporation's annual Kansas income tax
return, except
that if any such corporation shall apply for an extension of time
for filing
its annual income tax return under the internal revenue service or
under
subsection (c) of K.S.A. 79-3221, and amendments thereto, such
corpo-
ration shall also apply, not more than 90 days after the due date
of its
annual report, to the secretary of state for an extension of the
time for
filing the report and an extension shall be granted for a period of
time
corresponding to that granted under the internal revenue code or
K.S.A.
79-3221, and amendments thereto. Such application shall include a
copy
of the application to income tax authorities. The report shall
contain the
following facts:
(1) The name of the corporation and under the laws of what state
or
country organized;
(2) the location of its principal office;
(3) the names of the president, secretary, treasurer and members
of
the board of directors, with the residence address of each;
(4) the number of shares of capital stock issued and the amount
of
capital stock paid up;
370 1997 Session Laws of Kansas Ch. 106
(5) the nature and kind of business in which the company is
engaged
and its place or places of business both within and without the
state of
Kansas;
(6) the value of the property owned and used by the company
in
Kansas, where situated, and the value of the property owned and
used
outside of Kansas and where situated; and
(7) the corporation's shareholder's equity attributable to
Kansas; and.
(8) except as provided in K.S.A. 17-7515, and amendments
thereto,
a balance sheet showing the financial position of the corporation
at the
close of business on the last day of its income tax fiscal year
next preceding
the date of filing.
(b) Every corporation subject to the provisions of this section
which
holds agricultural land, as defined in K.S.A. 17-5903, and
amendments
thereto, within this state shall show the following additional
information
on the report:
(1) The acreage and location listed by section, range, township
and
county of each lot, tract or parcel of agricultural land in this
state owned
or leased by or to the corporation;
(2) the purposes for which such agricultural land is owned or
leased
and, if leased, to whom such agricultural land is leased;
(3) the value of the nonagricultural assets and the agricultural
assets,
stated separately, owned and controlled by the corporation both
within
and without the state of Kansas and where situated;
(4) the total number of stockholders of the corporation;
(5) the number of acres owned or operated by the corporation,
the
number of acres leased by the corporation and the number of acres
leased
to the corporation;
(6) the number of acres of agricultural land, held and reported
in
each category under paragraph (5) of this subsection (b), stated
sepa-
rately, being irrigated; and
(7) whether any of the agricultural land held and reported under
this
subsection was acquired after July 1, 1981.
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 its board of directors shall not have
been
elected. 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; however, the official title or
position
of the individual signing the report shall be designated. This
report will
be dated and subscribed by the person as true, under penalty of
perjury.
At the time of filing its annual report, each such foreign
corporation shall
pay to the secretary of state an annual franchise tax in an amount
equal
to $1 for each $1,000 of the corporation's shareholder's equity
attributable
to Kansas, except that no such tax shall be less than $20 or more
than
$2,500.
Ch. 106 1997 Session Laws of Kansas 371
Sec. 5. K.S.A. 17-7647 is hereby amended to read as follows:
17-
7647. (a) Every limited liability company organized under the laws
of this
state shall make an annual report in writing to the secretary of
state,
showing the financial condition of stating the
prescribed information con-
cerning the limited liability company at the close of business
on the last
day of its tax period next preceding the date of filing. If the
limited liability
company's tax period is other than the calendar year, it shall give
notice
of its different tax period in writing to the secretary of state
prior to
December 31 of the year it commences the different tax period.
The
annual report shall be filed at the time prescribed by law for
filing the
limited liability company's annual Kansas income tax return. If the
limited
liability company applies for an extension of time for filing its
annual
income tax return under the internal revenue code, the limited
liability
company shall also apply, not more than 90 days after the due date
of its
annual report, to the secretary of state for an extension of the
time for
filing its report and an extension shall be granted for a period of
time
corresponding to that granted under the internal revenue code. The
ap-
plication shall include a copy of the application to income tax
authorities.
(b) The annual report shall be made on a form prescribed by
the
secretary of state. The report shall contain the following
information:
(1) The name of the limited liability company;
(2) a reconciliation of the capital accounts for the preceding
taxable
year as required to be reported on the federal partnership return
of in-
come; and
(3) a balance sheet showing the financial condition of
the limited
liability company at the close of business on the last day of its
tax period
next preceding the date of filing; and
(4) (3) a list of the members owning at
least 5% of the capital of the
company, with the post office address of each.
(c) The annual report shall be signed by a member of the
limited
liability company and forwarded to the secretary of state. At the
time of
filing the report, the limited liability company shall pay to the
secretary
of state an annual franchise tax in an amount equal to $1 for each
$1,000
of the net capital accounts located in or used in this state at the
end of
the preceding taxable year as required to be reported on the
federal
partnership return of income, except that no annual tax shall be
less than
$20 or more than $2,500.
(d) The provisions of K.S.A. 17-7509, and amendments thereto,
re-
lating to penalties for failure of a corporation to file an annual
report or
pay the required franchise tax, and the provisions of subsection
(a) of
K.S.A. 17-7510 and amendments thereto, relating to penalties for
failure
of a corporation to file an annual report or pay the required
franchise tax,
shall be applicable to the articles of organization of any limited
liability
company which fails to file its annual report or pay the franchise
tax within
90 days of the time prescribed in this section for filing and
paying the
372 1997 Session Laws of Kansas Ch. 106
same. Whenever the articles of organization of a limited
liability company
are forfeited for failure to file an annual report or to pay the
required
franchise tax, the limited liability company may be reinstated by
filing a
certificate of reinstatement, in the manner and form to be
prescribed by
the secretary of state and paying to the secretary of state all
fees and taxes,
including any penalties thereon, due to the state. The fee for
filing a
certificate of reinstatement shall be the same as that prescribed
by K.S.A.
17-7506, and amendments thereto, for filing a certificate of
extension,
restoration, renewal or revival of a corporation's articles of
incorporation.
Sec. 6. K.S.A. 17-7648 is hereby amended to read as follows:
17-
7648. (a) Every foreign limited liability company shall make an
annual
report in writing to the secretary of state, showing the
financial condition stating the prescribed information concerning
the limited liability com-
of
pany at the close of business on the last day of its tax period
next preceding
the date of filing. If the limited liability company's tax period
is other than
the calendar year, it shall give notice in writing of its different
tax period
to the secretary of state prior to December 31 of the year it
commences
the different tax period. The annual report shall be filed at the
time
prescribed by law for filing the limited liability company's annual
Kansas
income tax return. If the limited liability company applies for an
extension
of time for filing its annual income tax return under the internal
revenue
code, the limited liability company shall also apply, not more than
90 days
after the due date of its annual report, to the secretary of state
for an
extension of the time for filing its report and an extension shall
be granted
for a period of time corresponding to that granted under the
internal
revenue code. The application shall include a copy of the
application to
income tax authorities.
(b) The annual report shall be made on a form prescribed by
the
secretary of state. The report shall contain the following
information:
(1) The name of the limited liability company;
and
(2) a reconciliation of the capital accounts for the preceding
taxable
year as required to be reported on the federal partnership return
of in-
come; and.
(3) a balance sheet showing the financial condition of
the limited
liability company at the close of business on the last day of its
tax period
next preceding the date of filing.
(c) The annual report shall be signed by a member of the
limited
liability company and forwarded to the secretary of state. At the
time of
filing the report, the limited liability company shall pay to the
secretary
of state an annual franchise tax in an amount equal to $1 for each
$1,000
of the net capital accounts located in or used in this state at the
end of
the preceding taxable year as required to be reported on the
federal
partnership return of income, except that no annual tax shall be
less than
$20 or more than $2,500.
Ch. 106 1997 Session Laws of Kansas 373
(d) The provisions of K.S.A. 17-7509, and amendments thereto,
re-
lating to penalties for failure of a corporation to file an annual
report or
pay the required franchise tax, and the provisions of subsection
(a) of
K.S.A. 17-7510, and amendments thereto, relating to penalties for
failure
of a corporation to file an annual report or pay the required
franchise tax,
shall be applicable to the authority of any foreign limited
liability company
which fails to file its annual report or pay the franchise tax
within 90 days
of the time prescribed in this section for filing and paying the
same.
Whenever the authority of a foreign limited liability company is
forfeited
for failure to file an annual report or to pay the required
franchise tax,
the authority of the foreign limited liability company may be
reinstated
by filing a certificate of reinstatement, in the manner and form to
be
prescribed by the secretary of state and paying to the secretary of
state
all fees and taxes, including any penalties thereon, due to the
state. The
fee for filing a certificate of reinstatement shall be the same as
that pre-
scribed by K.S.A. 17-7506, and amendments thereto, for filing a
certifi-
cate of extension, restoration, renewal or revival of a
corporation's articles
of incorporation.
Sec. 7. K.S.A. 56-1a606 is hereby amended to read as follows:
56-
1a606. (a) Every limited partnership organized under the laws of
this state
shall make an annual report in writing to the secretary of state,
showing stating the prescribed
information concerning
the financial condition of
the limited partnership at the close of business on the last day of
its tax
period next preceding the date of filing. If the limited
partnership's tax
period is other than the calendar year, it shall give notice of its
different
tax period to the secretary of state prior to December 31 of the
year it
commences the different tax period. The annual report shall be
filed at
the time prescribed by law for filing the limited partnership's
annual
Kansas income tax return. If the limited partnership applies for an
exten-
sion of time for filing its annual income tax return under the
internal
revenue code or under K.S.A. 79-3221 and amendments thereto,
the
limited partnership shall also apply, not more than 90 days after
the due
date of its annual report, to the secretary of state for an
extension of the
time for filing its report and an extension shall be granted for a
period of
time corresponding to that granted under the internal revenue code
or
K.S.A. 79-3221 and amendments thereto. The application shall
include a
copy of the application to income tax authorities.
(b) The annual report shall be made on a form prescribed by
the
secretary of state. The report shall contain the following
information:
(1) The name of the limited partnership;
(2) a reconciliation of the partners' capital accounts for the
preceding
taxable year as required to be reported on the federal partnership
return
of income; and
(3) a balance sheet showing the financial condition of
the limited
374 1997 Session Laws of Kansas Ch. 106
partnership at the close of business on the last day of
its tax period next
preceding the date of filing; and
(4) (3) a list of the partners owning at
least 5% of the capital of the
partnership, with the post office address of each.
(c) Every limited partnership subject to the provisions of this
section
which is a limited corporate partnership, as defined in K.S.A.
17-5903
and amendments thereto, and which holds agricultural land, as
defined
in K.S.A. 17-5903 and amendments thereto, within this state shall
show
the following additional information on the report:
(1) The number of acres and location, listed by section, range,
town-
ship and county of each lot, tract or parcel of agricultural land
in this state
owned or leased by the limited partnership; and
(2) whether any of the agricultural land held and reported under
sub-
section (c)(1) was acquired after July 1, 1981.
(d) The annual report shall be signed by the general partner or
part-
ners of the limited partnership, sworn to before an officer duly
authorized
to administer oaths and forwarded to the secretary of state. At the
time
of filing the report, the limited partnership shall pay to the
secretary of
state an annual franchise tax in an amount equal to $1 for each
$1,000 of
the partners' net capital accounts located in or used in this state
at the
end of the preceding taxable year as required to be reported on the
fed-
eral partnership return of income, except that no annual tax shall
be less
than $20 or more than $2,500.
(e) The provisions of K.S.A. 17-7509 and amendments thereto,
re-
lating to penalties for failure of a corporation to file an annual
report or
pay the required franchise tax, and the provisions of subsection
(a) of
K.S.A. 17-7510 and amendments thereto, relating to forfeiture of a
do-
mestic corporation's articles of incorporation for failure to file
an annual
report or pay the required franchise tax, shall be applicable to
the certif-
icate of partnership of any limited partnership which fails to file
its annual
report or pay the franchise tax within 90 days of the time
prescribed in
this section for filing and paying the same. Whenever the
certificate of
partnership of a limited partnership is forfeited for failure to
file an annual
report or to pay the required franchise tax, the limited
partnership may
be reinstated by filing a certificate of reinstatement, in the
manner and
form to be prescribed by the secretary of state and paying to the
secretary
of state all fees and taxes, including any penalties thereon, due
to the
state. The fee for filing a certificate of reinstatement shall be
the same as
that prescribed by K.S.A. 17-7506 and amendments thereto for filing
a
certificate of extension, restoration, renewal or revival of a
corporation's
articles of incorporation.
Sec. 8. K.S.A. 56-1a607 is hereby amended to read as follows:
56-
1a607. (a) Every foreign limited partnership shall make an annual
report
in writing to the secretary of state, showing the financial
condition of
Ch. 106 1997 Session Laws of Kansas 375
stating the prescribed information concerning the limited
partnership at
the close of business on the last day of its tax period next
preceding the
date of filing. If the limited partnership's tax period is other
than the
calendar year, it shall give notice of its different tax period to
the secretary
of state prior to December 31 of the year it commences the
different tax
period. The annual report shall be filed at the time prescribed by
law for
filing the limited partnership's annual Kansas income tax return.
If the
limited partnership applies for an extension of time for filing its
annual
income tax return under the internal revenue code or under K.S.A.
79-
3221 and amendments thereto, the limited partnership shall also
apply,
not more than 90 days after the due date of its annual report, to
the
secretary of state for an extension of the time for filing its
report and an
extension shall be granted for a period of time corresponding to
that
granted under the internal revenue code or K.S.A. 79-3221 and
amend-
ments thereto. The application shall include a copy of the
application to
income tax authorities.
(b) The annual report shall be made on a form prescribed by
the
secretary of state. The report shall contain the following
information:
(1) The name of the limited partnership; and
(2) a reconciliation of the partners' capital accounts for the
preceding
taxable year as required to be reported on the federal partnership
return
of income; and.
(3) a balance sheet showing the financial condition of
the limited
partnership at the close of business on the last day of its tax
period next
preceding the date of filing.
(c) Every foreign limited partnership subject to the provisions
of this
section which is a limited corporate partnership, as defined in
K.S.A.
17-5903 and amendments thereto, and which holds agricultural land,
as
defined in K.S.A. 17-5903 and amendments thereto, within this state
shall
show the following additional information on the report:
(1) The number of acres and location, listed by section, range,
town-
ship and county of agricultural land in this state owned or leased
by the
limited partnership; and
(2) whether any of the agricultural land held and reported under
sub-
section (c)(1) was acquired after July 1, 1981.
(d) The annual report shall be signed by the general partner or
part-
ners of the limited partnership, sworn to before an officer duly
authorized
to administer oaths and forwarded to the secretary of state. At the
time
of filing the report, the foreign limited partnership shall pay to
the sec-
retary of state an annual franchise tax in an amount equal to $1
for each
$1,000 of the partners' net capital accounts located in or used in
this state
at the end of the preceding taxable year as required to be reported
on
the federal partnership return of income, except that no annual tax
shall
be less than $20 or more than $2,500.
(e) The provisions of K.S.A. 17-7509 and amendments thereto,
re-
376 1997 Session Laws of Kansas Ch. 106
lating to penalties for failure of a corporation to file an
annual report or
pay the required franchise tax, and the provisions of subsection
(b) of
K.S.A. 17-7510 and amendments thereto, relating to forfeiture of a
for-
eign corporation's authority to do business in this state for
failure to file
an annual report or pay the required franchise tax, shall be
applicable to
the authority of any foreign limited partnership which fails to
file its an-
nual report or pay the franchise tax within 90 days of the time
prescribed
in this section for filing and paying the same. Whenever the
authority of
a foreign limited partnership to do business in this state is
forfeited for
failure to file an annual report or to pay the required franchise
tax, the
foreign limited partnership's authority to do business in this
state may be
reinstated by filing a certificate of reinstatement, in the manner
and form
to be prescribed by the secretary of state and paying to the
secretary of
state all fees and taxes, including any penalties thereon, due to
the state.
The fee for filing a certificate of reinstatement shall be the same
as that
prescribed by K.S.A. 17-7506 and amendments thereto for filing a
cer-
tificate of extension, restoration, renewal or revival of a
corporation's ar-
ticles of incorporation.
Sec. 9. K.S.A. 17-2718, 17-7503, 17-7504, 17-7505, 17-7647,
17-
7648, 56-1a606 and 56-1a607 are hereby repealed.
Sec. 10. This act shall take effect and be in force from and
after its
publication in the statute book.
Approved April 10, 1997.