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17-7509. Failure to file or report or pay business entity information report fee by any corporation organized for profit; penalties; actions to recover fees and penalties; canceled corporations or corporations whose existence has been forfeited, penalties. (a) In case any corporation organized for profit that is required to file a business entity information report and pay the required fee prescribed by this act shall fail or neglect to make such report at the time prescribed, such corporation shall be subject to a penalty of $75. Such penalty and the fees required to be paid by this act may be recovered by an action in the name of the state, and all moneys recovered shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.

(b) The penalties provided for in subsection (a) also may be assessed against any corporation for the reason that such corporation has been canceled or its existence forfeited pursuant to the Kansas general corporation code. No penalty shall be charged pursuant to this subsection, if a corporation is assessed penalties pursuant to grounds specified in subsection (a).

History: L. 1972, ch. 54, § 9; L. 1973, ch. 101, § 3; L. 1978, ch. 80, § 7; L. 1996, ch. 225, § 3; L. 2001, ch. 5, § 65; L. 2004, ch. 171, § 24; L. 2005, ch. 157, § 15; L. 2021, ch. 61, § 18; January 1, 2023.

Source or Prior Law:

17-705, 17-706, 17-707, 17-708.

Cross References to Related Sections:

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).

Actions against corporations, see chapter 17, article 71.

Payment of fees and penalties as condition precedent for foreign corporation maintaining legal proceedings in Kansas, see 17-7307.

Filing business entity information reports and payment of report fees, see 17-7503 through 17-7505.

Law Review and Bar Journal References:

"Survey of Kansas Law: Business Associations," William E. Treadway, 27 K.L.R. 171, 183 (1979).

Attorney General's Opinions:

Forfeiture of articles of incorporation for failure to file report or pay taxes. 80-39.


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