17-6001.
Formation of corporations; incorporators; purposes; corporations subject to special statutory regulation.
(a) Any person, partnership, association or corporation, singly or jointly with others, and without regard to such person's or entity's residence, domicile or state of incorporation, may incorporate or organize a corporation under this code by filing with the secretary of state articles of incorporation which shall be executed and filed in accordance with K.S.A. 17-7908 through 17-7910, and amendments thereto.
(b) Except as otherwise provided by law, a corporation may be incorporated or organized under this code to conduct or promote any lawful business or purposes.
(c) Corporations subject to special statutory regulation may be organized under this code if required by or otherwise consistent with such other statutory regulation, but such corporations shall be subject to the special provisions and requirements applicable to such corporations. Where the provisions and requirements of this code are not inconsistent, they shall be construed as supplemental to such other statutes and not in derogation or limitation thereof, and such corporations shall be governed thereby. Subject to the foregoing provisions of this subsection, any corporation organized under the laws of this state or authorized to do business in this state shall be governed by the applicable provisions of this code.
History:
L. 1972, ch. 52, § 1; L. 1973, ch. 99, § 7; L. 1999, ch. 39, § 6; L. 2000, ch. 39, § 16; L. 2016, ch. 110, § 14; July 1.
Notes of Decisions
Cent. Kansas Med. Ctr. v. Hatesohl, 425 P.3d 1253 (Kan. 2018).
· cites it 2× “When the legislature subsequently enacted the Healing Arts Act, the Professional Corporation Law, and the General Corporation Code [K.S.A. 2017 Supp. 17-6001 et seq.], it had the opportunity to include provisions which would have changed the judicial interpretation, but it did…”
Hall v. Kansas Farm Bureau, 50 P.3d 495 (Kan. 2002).
“17-1628; K.S.A. 17-6001(c). “31. The KCMA provides one method for removal of a director or officer.”
Amoco Chemicals Corp. v. Bach, 567 P.2d 1337 (Kan. 1977).
“17-6301 [b]) and although 3 officers are required — president, secretary and treasurer — “Any number of offices may be held by the same person unless the articles of incorporation or bylaws otherwise provide.”
State Ex Rel. Brant v. Bank of Am., 31 P.3d 952 (Kan. 2001).
· cites it 2× “17-1265[a][1], securities regulation); "agency" (K.S.A. 17-2345[c], municipal housing authority; K.”
McGuire v. Sifers, 681 P.2d 1025 (Kan. 1984).
“K.S.A. 17-6001(b). Other statutes permit persons engaged in certain professions, when licensed to practice that profession, to form corporations for the practice of their profession.”
State Ex Rel. Stephan v. Lane, 614 P.2d 987 (Kan. 1980).
“K.S.A. 17-6001(c) states that the provisions and requirements of the general corporation code supplement statutes on special corporations and govern special corporations when the statutory requirements are not inconsistent.”
Doughty v. CSX Transp., Inc., 905 P.2d 106 (Kan. 1995).
“K.S.A. 17-6001(a), (b). A corporation holding stock in another corporation stands in the same relation as a stockholder.”
Fed. Sav. & Loan Ins. v. Huff, 704 P.2d 372 (Kan. 1985).
“There is no similar provision in the General Corporation Code of Kansas (K.S.A. 17-6001 et seq.). Third, the statutory liabilities of directors for impairment of capital differ with respect to savings and loan associations and for profit corporations.”
Burge v. Frey, 545 F. Supp. 1160 (D. Kan. 1982).
“The Kansas General Corporation Code, chapter 52,1972 Kansas Session Laws 252 (current version at K.S.A. 17-6001 et seq. (1981)), provides the legal framework within which corporate existence, rights and liabilities are defined and regulated by the state.”
— K.S.A. § 17-6001(a) — 3 cases
Doughty v. CSX Transp., Inc., 905 P.2d 106 (Kan. 1995).
“K.S.A. 17-6001(a), (b). A corporation holding stock in another corporation stands in the same relation as a stockholder.”
— K.S.A. § 17-6001(b) — 1 case
McGuire v. Sifers, 681 P.2d 1025 (Kan. 1984).
“K.S.A. 17-6001(b). Other statutes permit persons engaged in certain professions, when licensed to practice that profession, to form corporations for the practice of their profession.”
— K.S.A. § 17-6001(c) — 2 cases
Hall v. Kansas Farm Bureau, 50 P.3d 495 (Kan. 2002).
“17-1628; K.S.A. 17-6001(c). “31. The KCMA provides one method for removal of a director or officer.”
State Ex Rel. Stephan v. Lane, 614 P.2d 987 (Kan. 1980).
“K.S.A. 17-6001(c) states that the provisions and requirements of the general corporation code supplement statutes on special corporations and govern special corporations when the statutory requirements are not inconsistent.”
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