Printable Format17-6006. Commencement of corporate existence. Upon the filing with the secretary of state of the articles of incorporation, executed and filed in accordance with K.S.A. 17-7908 through 17-7910, and amendments thereto, the incorporator or incorporators who signed the certificate, and such incorporator's successors and assigns, shall be and constitute a body corporate from the date of such filing by the name set forth in the articles, subject to the provisions of K.S.A. 17-7911, and amendments thereto, and subject to dissolution or other termination of its existence as provided in this code.
History: L. 1972, ch. 52, § 6; L. 2000, ch. 39, § 19; L. 2016, ch. 110, § 17; July 1.
Source or Prior Law:
17-2805, 17-2806; 8 Del. C. § 106.
Cross References to Related Sections:
Dissolution, see 17-6803 through 17-6806.
Continuation of corporate existence for certain purposes after dissolution, see 17-6807.
Status of corporation after securing extension, renewal or reinstatement of corporate existence, see 17-7003.
Attorney General's Opinions:
Corporate filings; rejection of annual report for failure to perfect organization; rejection of articles of incorporation from nonprofit entity for failure to provide conditions of membership. 1999-26.
CASE ANNOTATIONS
1. Cited; prior law construed in holding trial court erred in dismissing action on employment contract against defendants individually named. Meehan v. Adams Enterprises, Inc., 211 Kan. 353, 356, 507 P.2d 849 (1973).
2. No corporation exists until articles of incorporation filed with both register of deeds and secretary of state. State ex rel. McCain v. Construction Enterprises, Inc., 6 Kan. App. 2d 627, 628, 631 P.2d 1240 (1981).
3. Filing articles of incorporation with register of deeds pursuant to K.S.A. 17-6003 is a requirement of corporate existence. Fee Ins. Agency, Inc. v. Snyder, 261 Kan. 414, 419, 930 P.2d 1054 (1997).