Kansas Statutes 17-7933. Name requirements for foreign covered entities
Terms Used In Kansas Statutes 17-7933
- Covered entity: means :
(1) A corporation;
(2) a limited partnership;
(3) a limited liability partnership; and
(4) a limited liability company. See Kansas Statutes 17-7902
- Foreign covered entity: means a covered entity whose internal affairs are governed by the laws of a jurisdiction other than this state. See Kansas Statutes 17-7902
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Public organic document: means the filing of the public record which creates an entity and any amendment to or restatement of that record. See Kansas Statutes 17-7902
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Except as otherwise provided in subsection (b), the names of all foreign covered entities must be distinguishable on the records of the office of the secretary of state from:
(1) The name of any covered entity or foreign covered entity;
(2) the name of any non-covered entity, other than a general partnership, that has filed with the secretary of state, including a series of a limited liability company for which a certificate of designation has been filed;
(3) any entity name reserved pursuant to Kan. Stat. Ann. § 17-7923, and amendments thereto; and
(4) the name of any other covered entity, series of a limited liability company or foreign covered entity whose public organic document, certificate of designation or foreign registration has been canceled or forfeited for any reason within the previous one year.
(b) A foreign covered entity may register under any name that is not distinguishable on the records of the office of the secretary of state from the name of any other covered entity or non-covered entity that has filed with the office of the secretary of state:
(1) With the written consent of the other entity, which shall be filed with the secretary of state on a form prescribed by the secretary of state; or
(2) if the foreign covered entity indicates, as a means of identification and in its advertising within this state, the state in which the foreign covered entity was formed, and the application sets forth this condition.