17-7503. (a) Every domestic corporation organized for profit shall make a written business entity information report to the secretary of state, 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 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.
(b) The report shall be made on forms prescribed by the secretary of state and shall be filed biennially, as determined by the year that the domestic corporation filed its formation documents.* A domestic corporation that filed formation documents in an even-numbered year shall file a report in each even-numbered year. A domestic 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 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 contain the following information:
(1) The name of the corporation;
(2) 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;
(3) the name and postal address for the president, secretary, treasurer or equivalent of such officers and members of the board of directors;
(4) the nature and kind of business in which the corporation is engaged; and
(5) if the corporation is a parent corporation holding more than 50% equity ownership in any other business entity registered with the secretary of state, the name and identification number of any such subsidiary business entity.
(d) Every corporation subject to the provisions of this section that 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), stated separately, being irrigated; and
(7) whether any of the agricultural land held and reported under this subsection was acquired after July 1, 1981.
(e) The report shall be executed in accordance with the provisions of K.S.A. 17-7908 through 17-7910, and amendments thereto. 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. This report shall be subscribed by the person as true, under penalty of perjury.
(f) At the time of filing its business entity information report it shall be the duty of each domestic corporation organized for profit to pay to the secretary of state a fee in an amount equal to $80, plus the amount specified in rules and regulations of the secretary multiplied by the number of tax periods included in the report.
History: L. 1972, ch. 54, § 3; L. 1973, ch. 99, § 3; L. 1974, ch. 100, § 1; L. 1975, ch. 144, § 3; L. 1976, ch. 99, § 4; L. 1977, ch. 78, § 2; L. 1981, ch. 108, § 1; L. 1981, ch. 107, § 2; L. 1989, ch. 81, § 2; L. 1990, ch. 85, § 2; L. 1991, ch. 76, § 5; L. 1994, ch. 182, § 5; L. 1997, ch. 106, § 2; L. 2000, ch. 172, § 1; L. 2002, ch. 185, § 41; L. 2004, ch. 171, § 20; L. 2005, ch. 157, § 11; L. 2016, ch. 110, § 122; L. 2021, ch. 61, § 14; L. 2023, ch. 66, § 47; July 1.
Source or Prior Law:
17-701.
Revisor's Note:
* Notwithstanding the provisions of this section, the annual filing requirement for written business entity information reports was continued until July 1, 2023, pursuant to section 11 of chapter 97 of the 2022 Session Laws of Kansas.
Section was amended twice during the 2004 session, see also 17-7503a.
Cross References to Related Sections:
Words required in name of corporation, see 17-6002(a)(1).
Statement as to authorized capital stock in articles of incorporation, see 17-6002(a)(4).
Corporation's "principal office" construed, see 17-6201.
Corporate officers and directors, see 17-6301 et seq.
Determination of amount of capital; "capital," "surplus" and "net assets" defined, see 17-6404.
Annual meeting of stockholders for election of directors, see 17-6501.
Payment of corporate fees as condition precedent to dissolution, see 17-6806.
Payment of corporate fees as condition precedent to extension, renewal or reinstatement of articles of incorporation, see 17-7002(f).
Reservation of corporate name, see 17-7402.
Definition of "tax period," see 17-7501.
Failure to file business entity information report or pay report fee, see 17-7509, 17-7510.
Law Review and Bar Journal References:
"Farmers and the Law: Exemptions and Exceptions," J. W. Looney, 50 J.B.A.K. 7, 23 (1981).
"Limited Liability Companies in Kansas," Edwin J. Hecker, Jr., 63 J.K.B.A. No. 2, 40, 52 (1994).
"2002 Legislative Wrap-Up," Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).
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. Refund for overpayment of franchise tax denied; appellant must exhaust administrative remedies. Farmers Banshares of Abilene Inc. v. Graves, 250 Kan. 520, 521, 826 P.2d 1363 (1992).
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