17-6003.
Execution of deed or other instrument conveying land, real estate or interests therein by corporation; power of attorney.
(a) If another section of this act or any other law of this state specifically prescribes a manner of executing or filing a specified instrument or a time when such instrument shall become effective, which differs from the corresponding provisions of this section, then the provisions of such other section shall govern.
(b) When any corporation conveys any lands or interests therein by deed or other appropriate instrument of conveyance, such deed or instrument shall be executed on behalf of the corporation by any authorized officer of the corporation. Such deed or instrument, when acknowledged by such officer to be the act of the corporation, or proved in the same manner provided for other conveyances of lands, may be recorded in the same manner and with the same effect as other deeds. Corporations likewise shall have power to convey by an agent or attorney so authorized under power of attorney or other instrument containing a power to convey real estate or any interest therein, which power of attorney shall be executed by the corporation in the same manner as herein provided for the execution of deeds or other instruments of conveyance.
History:
L. 1972, ch. 52, § 3; L. 1973, ch. 100, § 2; L. 1984, ch. 201, § 12; L. 1987, ch. 89, § 1; L. 1998, ch. 39, § 1; L. 1999, ch. 41, § 10; L. 1999, ch. 149, § 1; L. 2000, ch. 39, § 1; L. 2004, ch. 143, § 2; L. 2009, ch. 64, § 1; L. 2014, ch. 121, § 41; January 1, 2015.
Notes of Decisions
State Ex Rel. McCain v. Constr. Enter., Inc., 631 P.2d 1240 (Kan. Ct. App. 1981).
· cites it 4× “17-6006 states the corporate existence shall date from the incorporators’ compliance with K.S.A. 17-6003. In the present case, the trial court found that a duplicate copy of the articles had never been filed in the Johnson County register of deeds’ office; thus, the requirements…”
Fee Ins. Agency, Inc. v. Snyder, 930 P.2d 1054 (Kan. 1997).
· cites it 21× “The specific question we are faced with is whether, as a prerequisite to coiporate existence, a duplicate copy of the instrument so certified by the Secretary of State must be recorded in the office of the register of deeds of the county in which the corporation’s registered…”
Achey v. Linn Cnty. Bank, 931 P.2d 16 (Kan. 1997).
“” Subparagraph (1) of 17-6602(c) requires affirmative action of the directors and then an affirmative vote of the stockholders to adopt an amendment, which must be set forth in a certificate, filed, and recorded in accordance with K.S.A. 17-6003. Subparagraph (2) of 17-6602(c),…”
In Re the Est. of Crawshaw, 806 P.2d 1014 (Kan. Ct. App. 1991).
“17-7002 and K.S.A. 17-6003 with the same force and effect as if said Articles of Incorporation had not been forfeited.”
In Re the Est. of Crawshaw, 819 P.2d 613 (Kan. 1991).
“17-7002 and K.S.A. 17-6003 with the same force and effect as if said Articles of Incorporation had not been forfeited.”
Mission Road Assocs., L.P. Ex Rel. United Props., Inc. v. IML Realty Co., 807 P.2d 1330 (Kan. Ct. App. 1991).
“That statute provides in part: “(d) Upon the filing of the certificate in accordance with K.S.A. 17-6003, and amendments thereto, the corporation shall be renewed and revived with the same force and effect as if its articles of incorporation had not become inoperative and void…”
Fee Ins. Agency v. Snyder, 917 P.2d 421 (Kan. Ct. App. 1996).
· cites it 5× “K.S.A. 17-6003 states in relevant part: “(c) Whenever any provision of this act requires any instrument to be filed with the secretary of state or in accordance with this section or act, such requirement means that: (5) the duplicate copy of the instrument so certified by the…”
River City Broad., Inc. v. Sys. with Reliability, Inc., 941 P.2d 937 (Kan. 1997).
· cites it 10× “In response, River City argues that pursuant to K.S.A. 17-6003, the date of its corporate existence relates back to the date it filed its articles of incorporation with the Secretary of State.”
K.S.A. § 17-6003(c): 2 cases
State Ex Rel. McCain v. Constr. Enter., Inc., 631 P.2d 1240 (Kan. Ct. App. 1981).
“17-6006 states the corporate existence shall date from the incorporators’ compliance with K.S.A. 17-6003. In the present case, the trial court found that a duplicate copy of the articles had never been filed in the Johnson County register of deeds’ office; thus, the requirements…”
Fee Ins. Agency, Inc. v. Snyder, 930 P.2d 1054 (Kan. 1997).
“The specific question we are faced with is whether, as a prerequisite to coiporate existence, a duplicate copy of the instrument so certified by the Secretary of State must be recorded in the office of the register of deeds of the county in which the corporation’s registered…”
K.S.A. § 17-6003(c)(5): 3 cases
State Ex Rel. McCain v. Constr. Enter., Inc., 631 P.2d 1240 (Kan. Ct. App. 1981).
“17-6006 states the corporate existence shall date from the incorporators’ compliance with K.S.A. 17-6003. In the present case, the trial court found that a duplicate copy of the articles had never been filed in the Johnson County register of deeds’ office; thus, the requirements…”
Fee Ins. Agency, Inc. v. Snyder, 930 P.2d 1054 (Kan. 1997).
“The specific question we are faced with is whether, as a prerequisite to coiporate existence, a duplicate copy of the instrument so certified by the Secretary of State must be recorded in the office of the register of deeds of the county in which the corporation’s registered…”
River City Broad., Inc. v. Sys. with Reliability, Inc., 941 P.2d 937 (Kan. 1997).
“In response, River City argues that pursuant to K.S.A. 17-6003, the date of its corporate existence relates back to the date it filed its articles of incorporation with the Secretary of State.”
K.S.A. § 17-6003(c)(l): 1 case
Fee Ins. Agency, Inc. v. Snyder, 930 P.2d 1054 (Kan. 1997).
“The specific question we are faced with is whether, as a prerequisite to coiporate existence, a duplicate copy of the instrument so certified by the Secretary of State must be recorded in the office of the register of deeds of the county in which the corporation’s registered…”
K.S.A. § 17-6003(d): 3 cases
Fee Ins. Agency, Inc. v. Snyder, 930 P.2d 1054 (Kan. 1997).
“The specific question we are faced with is whether, as a prerequisite to coiporate existence, a duplicate copy of the instrument so certified by the Secretary of State must be recorded in the office of the register of deeds of the county in which the corporation’s registered…”
Fee Ins. Agency v. Snyder, 917 P.2d 421 (Kan. Ct. App. 1996).
“K.S.A. 17-6003 states in relevant part: “(c) Whenever any provision of this act requires any instrument to be filed with the secretary of state or in accordance with this section or act, such requirement means that: (5) the duplicate copy of the instrument so certified by the…”
River City Broad., Inc. v. Sys. with Reliability, Inc., 941 P.2d 937 (Kan. 1997).
“In response, River City argues that pursuant to K.S.A. 17-6003, the date of its corporate existence relates back to the date it filed its articles of incorporation with the Secretary of State.”
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