17-6812.
Revocation or forfeiture of articles of incorporation; jurisdiction and powers of district court; proceedings by attorney general.
(a) Upon motion by the attorney general, the district court shall have jurisdiction to revoke or forfeit the articles of incorporation of any corporation for abuse, misuse or nonuse of its corporate powers, privileges or franchises. The attorney general shall proceed for this purpose by petition in the district court of the county where the registered office of the corporation is located.
(b) The district court shall have power, by appointment of trustees, receivers or otherwise, to administer and wind up the affairs of any corporation whose articles of incorporation shall be revoked or forfeited by any court under this section, and to make such orders and decrees with respect thereto as shall be just and equitable respecting its affairs and assets and the rights of its stockholders and creditors.
(c) No proceeding shall be instituted under this section for nonuse of any corporation's powers, privileges or franchises during the first two years after its incorporation.
History:
L. 1972, ch. 52, § 102; L. 2016, ch. 110, § 88; L. 2023, ch. 66, § 39; July 1.
Notes of Decisions
Patterson v. Missouri Valley Steel, Inc., 625 P.2d 483 (Kan. 1981).
· cites it 2× ““All corporations, whether they expire by their own limitation or are otherwise dissolved, including revocation or forfeiture of articles of incorporation pursuant to K.S.A. 1972 Supp. 17-6812 or 17-7510, shall be continued, nevertheless, for the term of three (3) years from…”
Burge v. Frey, 545 F. Supp. 1160 (D. Kan. 1982).
“§ 17-6807 (1981) provides: All corporations whether they expire by their own limitation or are otherwise dissolved, including revocation or forfeiture of articles of incorporation pursuant to K.S.A. 17-6812 or 17-7510, shall be continued, nevertheless, for the term of three (3)…”
Mitchell v. Miller, 8 P.3d 26 (Kan. Ct. App. 2000).
“17-6812 or 17-7510, and amendments thereto, shall be continued, nevertheless, for the term of three years from such expiration or dissolution or for such longer period as the district court in its discretion shall direct, bodies corporate for the purpose of prosecuting and…”
Vogel v. Missouri Valley Steel, Inc., 625 P.2d 1123 (Kan. 1981).
“17-6807 provides: “All corporations, whether they expire by their own limitation or are otherwise dissolved, including revocation or forfeiture of articles of incorporation pursuant to K.S.A. 1972 Supp. 17-6812 or 17-7510, shall be continued, nevertheless, for the term of three…”
Pottorf v. United States, 773 F. Supp. 1491 (D. Kan. 1991).
“All corporations, whether they expire by their own limitation or are otherwise dissolved, including revocation or forfeiture of articles of incorporation pursuant to K.S.A. 17-6812 or 17-7510, and amendments thereto, shall be continued, nevertheless, for the term of three years…”
Kansas City Chrome Shop, Inc. v. Patsy G. Smith, Pers. Rep. (Mo. Ct. App. 2022).
· cites it 2× “17-6807(a), which is expressly applicable to “All corporations, whether they expire by their own limitation or are otherwise dissolved, including revocation or forfeiture of articles of incorporation pursuant to K.S.A. 17-6812 or 17-7510[.]” (Emphases added).”
— K.S.A. § 17-6812(a) — 1 case
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