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Outline

The Kansas FA 51 03 form serves as a crucial document for foreign for-profit corporations seeking to operate within the state. This application process requires careful attention to detail, as all information must be complete and submitted alongside the appropriate filing fee of $115. A check or money order should be enclosed, as cash is not accepted. To further ensure a smooth application process, applicants must include an original certificate of good standing or existence from their home jurisdiction, issued within the last 90 days. The form also necessitates that the corporation's name matches exactly with what is on the certificate, including all punctuation. If there is a name conflict with an existing entity in Kansas, specific steps must be taken, such as obtaining consent from the current entity or indicating the corporation's home state in advertising. Additionally, the application requires the designation of a resident agent, who will accept legal documents on behalf of the corporation, and a registered office address. It is also essential to provide a mailing address for official correspondence from the Secretary of State’s office. The form must be signed by an authorized officer, confirming the accuracy of the information provided and the corporation's good standing in its home state. Failure to comply with these requirements may lead to the rejection of the application, so attention to detail is paramount.

Sample - Kansas Fa 51 03 Form

FA

51-03

Instructions:

i Foreign For-Proit

Corporation Application

CONTACT:

Kansas Ofice of the Secretary of State

Memorial Hall, 1st Floor

(785) 296-4564

120 S.W. 10th Avenue

[email protected]

Topeka, KS 66612-1594

www.sos.ks.gov

All information on the foreign application must be complete and accompanied by the correct iling fee or the document will not be accepted for iling.

1.FILING FEE: The filing fee for this document is $115.

2.PAYMENT: Please enclose a check or money order payable to the Secretary of State. Applications received without the appropriate fee will not be accepted for iling. Please do not send cash. Also, to expedite processing, please do not use staples on your documents or to attach checks.

3.INCLUDE AN ORIGINAL CERTIFICATE OF GOOD STANDING OR EXISTENCE: The certiicate must be issued by the

state, country or other jurisdiction where incorporated attesting to the fact that such foreign corporation is in

good standing in such jurisdiction. The certiicate must be issued within 90 days of iling the application.

4. CORPORATION NAME: The corporate name on all documents must be exactly the same as it appears on the certiicate, including punctuation. If the corporation applying for authority has the same name as an entity already on ile, you may do one of the following:

PInclude a letter of consent from the existing entity to use the name. If the existing entity is a corporation, the consent must be signed by an authorized oficer. A consent from another type of entity must be signed by any authorized person.

PInclude a letter stating that the corporation will list its home state as a means of identiication and in its advertising in the state of Kansas.

The use of a corporate name is governed by K.S.A. 17-7301 (c)(2) and (3). You may view statutes at www.kslegislature.org.

5.RESIDENT AGENT: The resident agent is a person or entity that is authorized to accept service of process

(lawsuits) on behalf of the business entity. This does not necessarily mean that the agent himself/herself is being sued, but that he/she has the authority and responsibility to accept service of process on behalf of the business.

6.REGISTERED OFFICE: The registered ofice is the address where the resident agent is located.

7.MAILING ADDRESS: The mailing address is where you would like to receive oficial mail from the Secretary of State’s ofice.

8.SIGNATURE: The application requires the signature of an authorized oficer.

NOTICE: If the entity has been doing business in Kansas at least six months prior to iling with our ofice, you may owe annual reports and/or penalty fee (K.S.A. 17-7002).

STAY UP-TO-DATE ON YOUR ORGANIZATION’S STATUS, ANNUAL REPORT DUE DATE AND CONTACT ADDRESSES BY GOING TO WWW.SOS.KS.GOV. UNDER QUICK LINKS, SELECT SEARCH BUSINESS ENTITY INFORMATION.

NOTICE: There is a $25 service fee for all checks returned by your inancial institution. All information must be completed or this document will not be accepted for iling.

Rev. 12/27/10 jdr

Instructions Page 1 of 1

K.S.A. 17-7301

 

 

FA

 

KANSAS SECRETARY OF STATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Foreign For-Proit

 

 

 

 

 

 

 

 

51-03

 

Corporation Application

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONTACT: Kansas Ofice of the Secretary of State

 

 

 

 

 

 

 

 

Memorial Hall, 1st Floor

 

 

 

 

 

 

 

 

 

(785) 296-4564

 

 

 

 

 

 

 

 

120 S.W. 10th Avenue

 

[email protected]

 

 

 

 

 

 

 

 

Topeka, KS 66612-1594

 

www.sos.ks.gov

 

 

 

Above space is for ofice use only.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

i

INSTRUCTIONS: All information must be completed or this document will not be accepted for iling.

 

 

Please read instructions sheet before completing.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. Name of the

 

 

 

 

 

 

 

 

 

 

 

corporation:

 

 

 

 

 

 

 

 

 

 

 

Name of corporation must match

 

 

 

 

 

 

 

 

 

 

the name on record with the

_____________________________________________________________________________________________

 

home state

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. State/Country of

 

 

 

 

 

 

 

 

 

 

 

organization:

 

_______________________________________

 

 

 

3. Began doing

 

Upon qualiication

 

 

 

 

 

 

 

business in Kansas:

 

______________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Month

Day

Year

 

 

 

4. Name of the resident

 

 

 

 

 

 

 

 

 

 

registered ofice in

 

 

 

 

 

 

 

 

 

 

 

agent and address of the

________________________________________________________________________________________

 

KANSAS:

 

 

 

Name

 

 

 

 

Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address must be a street address

______________________________________KANSAS___________________________________________

A P.O. box is unacceptable

 

City

 

 

 

 

State

Zip

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5. Principal ofice

 

 

 

 

 

 

 

 

 

 

 

address:

 

 

 

________________________________________________________________________________________

 

 

 

 

 

 

 

Street Address

 

 

 

 

 

 

 

 

 

 

 

 

 

_______________________________________________________________________________________

 

 

 

 

 

 

 

City

 

 

 

 

State

Zip

Country

 

 

 

 

 

 

 

 

 

 

 

 

6. Mailing address:

 

 

 

 

 

 

 

 

 

 

 

This address will be used to send

________________________________________________________________________________________

 

oficial mail from the Secretary

 

Attention Name

 

 

 

 

Address

 

 

of State’s ofice

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

_______________________________________________________________________________________

 

 

 

 

 

 

 

City

 

 

 

 

State

Zip

 

 

 

 

 

 

 

 

7. Tax closing month:

_______________________________________

 

 

 

 

8.Full nature and character of the business to be conducted in the state

OF KANSAS:

_____________________________________________________________________________________________

 

9.The corporation hereby consents, without power of revocation, that actions may be commenced against it in the proper court of any county in the state of Kansas where there is a proper venue by service of process on the Secretary of State of the state of Kansas; and the corporation stipulates and agrees that such service shall be taken and held in all courts to be valid and binding as if due service had been made upon an oficer of the corporation.

Rev. 12/27/10 jdr

Page 1 of 2

K.S.A. 17-7301

10.

This corporation is operating as a foreign for-proit corporation.

 

 

 

 

 

 

 

 

11.

Duration of the

Perpetual

 

 

 

corporation:

 

 

 

 

 

 

Date the corporation will cease ______________________________

 

 

 

Month

Day

Year

 

 

 

 

 

 

12.

Effective date:

Upon iling

 

 

 

A future effective date must be

 

 

 

 

 

 

 

within 90 days of iling date

Future effective date ______________________________

 

 

 

 

Month

Day

 

Year

 

 

 

 

 

 

13.I declare under penalty of perjury under the laws of the state of Kansas that the foregoing is true and correct and that the corporation is in good standing in its home state, and I have remitted the required fee.

________________________________________________________

________________________________________________________

Signature of authorized oficer

Date (month, day, year)

Rev. 12/27/10 jdr

Page 2 of 2

K.S.A. 17-7301

Form Information

Fact Name Details
Filing Fee The filing fee for the FA 51-03 form is $115. This fee must be included with the application for it to be accepted.
Payment Method Payments should be made via check or money order, payable to the Secretary of State. Cash is not accepted.
Certificate of Good Standing An original Certificate of Good Standing from the corporation's home state must be included. This certificate should be issued within 90 days of filing.
Corporate Name Requirements The corporate name on the application must match exactly with the name on the Certificate of Good Standing. If the name is already in use, consent or identification measures must be taken.
Governing Law The use of corporate names is governed by K.S.A. 17-7301 (c)(2) and (3), which outlines the requirements for naming and registration.

Detailed Guide for Filling Out Kansas Fa 51 03

Filling out the Kansas FA 51 03 form is an essential step for foreign corporations seeking to operate in Kansas. After completing the form, you will need to submit it along with the required fee and additional documentation to the Kansas Secretary of State's office for processing.

  1. Gather Required Documents: Collect an original certificate of good standing or existence from your home state, issued within the last 90 days.
  2. Complete the Form: Fill out the FA 51 03 form with accurate information. Ensure the corporation name matches the certificate exactly.
  3. Provide Corporation Information: Include the state or country of organization and the date you began doing business in Kansas.
  4. Resident Agent Details: Enter the name and street address of your resident agent in Kansas. A P.O. box is not acceptable.
  5. Principal Office Address: Fill in the street address, city, state, zip code, and country of your principal office.
  6. Mailing Address: Provide an address where you would like to receive official mail from the Secretary of State’s office.
  7. Tax Closing Month: Indicate your tax closing month.
  8. Business Nature: Describe the full nature and character of the business you will conduct in Kansas.
  9. Consent Clause: Acknowledge that actions may be commenced against the corporation in Kansas by signing the consent clause.
  10. Duration and Effective Date: Specify if the corporation is perpetual and provide the effective date of filing.
  11. Authorized Officer Signature: Have an authorized officer sign and date the application, confirming that all information is true and correct.

Once you have completed the form, double-check all information for accuracy. Then, enclose a check or money order for the filing fee of $115, payable to the Secretary of State. Mail the form and payment to the Kansas Secretary of State’s office. Make sure not to use staples on your documents to ensure smooth processing.

Obtain Answers on Kansas Fa 51 03

  1. What is the purpose of the Kansas FA 51 03 form?

    The Kansas FA 51 03 form is an application for foreign for-profit corporations seeking to conduct business in the state of Kansas. This form must be submitted to the Kansas Secretary of State's office along with the required filing fee and supporting documents.

  2. What is the filing fee for the FA 51 03 form?

    The filing fee for submitting the FA 51 03 form is $115. It is essential to include this fee with the application, as applications without the appropriate payment will not be accepted for filing.

  3. What documents must accompany the FA 51 03 form?

    Along with the completed form, you must include:

    • An original certificate of good standing or existence issued by the state or jurisdiction where your corporation is incorporated. This certificate must be issued within 90 days of filing the application.
    • Payment in the form of a check or money order made out to the Secretary of State. Do not send cash or use staples on your documents.
  4. What is a resident agent and why is it required?

    A resident agent is a person or entity designated to accept legal documents on behalf of the corporation. This is crucial because it ensures that the corporation can be served with legal papers if necessary. The resident agent must have a physical address in Kansas, as P.O. boxes are not acceptable.

  5. What happens if the corporation name is already in use?

    If the name of your corporation is identical to that of an existing entity in Kansas, you have two options:

    • Obtain a letter of consent from the existing entity, signed by an authorized officer.
    • Include a letter stating that your corporation will identify itself by listing its home state in advertising and documentation.
  6. How can I ensure my application is processed efficiently?

    To expedite processing, ensure that all information is complete and accurate. Avoid using staples on your documents and check that the corporate name matches the certificate exactly, including punctuation. Additionally, include the correct filing fee to prevent delays.

  7. What should I do if my corporation has been operating in Kansas for six months or more?

    If your corporation has been conducting business in Kansas for at least six months prior to filing the FA 51 03 form, you may be responsible for annual reports and/or a penalty fee as outlined in K.S.A. 17-7002. It is advisable to check your organization’s status and any due dates by visiting the Kansas Secretary of State's website.

Common mistakes

Filling out the Kansas FA 51 03 form can be a straightforward process, but many people make common mistakes that can delay their application. One frequent error is failing to include the correct filing fee. The fee is set at $115, and applications submitted without this payment will not be accepted. It is crucial to send a check or money order, as cash is not permitted. Ensure the payment method is clear to avoid unnecessary complications.

Another common mistake is neglecting to provide an original certificate of good standing or existence. This document must be issued by the state or jurisdiction where the corporation was formed and should be dated within 90 days of filing. Without this certificate, the application cannot proceed. Double-check that this important document is included and current.

Many applicants also struggle with the corporation name section. The name listed on the application must match exactly with the name on the certificate, including punctuation. If the name is already in use by another entity, you must include a letter of consent from that entity or a statement indicating that your corporation will identify itself by its home state in Kansas. Failing to address this can lead to rejection of the application.

Providing incorrect information about the resident agent is another mistake that can cause issues. The resident agent must be a person or entity authorized to accept legal documents on behalf of the corporation. It’s essential to ensure that the agent's name and address are correct. Remember, the address must be a physical location in Kansas, as P.O. boxes are not acceptable.

Additionally, applicants often overlook the requirement for a mailing address. This address is where official correspondence from the Secretary of State will be sent. If you do not provide a valid mailing address, you may miss important notifications regarding your application or other business matters.

Lastly, many people forget to sign the application. The signature of an authorized officer is mandatory. Without it, the application is incomplete and will not be processed. Make sure to review the entire form for completeness before submission to avoid these common pitfalls.

Documents used along the form

When submitting the Kansas FA 51 03 form for a foreign for-profit corporation, several other documents and forms may be required or helpful in the process. Each of these documents serves a specific purpose and ensures that the application is complete and compliant with state regulations.

  • Certificate of Good Standing: This document proves that the corporation is legally registered and in good standing in its home state. It must be issued within 90 days of filing the application.
  • Consent Letter: If the corporation's name is already in use by another entity in Kansas, a consent letter from that entity is necessary. This letter must be signed by an authorized officer of the existing entity.
  • Registered Agent Consent: If a registered agent is designated, this form may be required to confirm that the agent agrees to accept legal documents on behalf of the corporation.
  • Annual Reports: If the corporation has been doing business in Kansas for at least six months, it may need to submit annual reports or pay associated penalties, as per Kansas law.
  • Application for Name Reservation: If the corporation wants to ensure that its name is available before filing the FA 51 03 form, it can submit an application to reserve the name for a specific period.

Completing the FA 51 03 form along with these documents helps streamline the process of establishing a foreign corporation in Kansas. Ensuring that all forms are filled out accurately and submitted with the necessary fees will facilitate a smoother filing experience.

Similar forms

The Kansas FA 51 03 form is essential for foreign corporations looking to operate in Kansas. Several other documents serve similar purposes in different contexts or jurisdictions. Here’s a list of five documents that share similarities with the FA 51 03 form:

  • Certificate of Good Standing: This document is issued by a state or jurisdiction to confirm that a corporation is legally registered and compliant with state laws. Like the FA 51 03, it must be current, typically issued within 90 days, to ensure the corporation is in good standing.
  • Articles of Incorporation: This foundational document establishes a corporation's existence and includes key details such as its name, purpose, and registered agent. Similar to the FA 51 03, it requires accurate information and may need to be filed with the Secretary of State.
  • Foreign Qualification Application: This application allows a corporation to legally conduct business in a state other than where it was formed. Like the FA 51 03, it necessitates proof of good standing and includes details about the corporation's operations in the new state.
  • Annual Report: Many states require corporations to file annual reports to maintain their good standing. This document updates the state on the corporation's activities and may be similar in its requirement for accuracy and timeliness, akin to the FA 51 03.
  • Business License Application: This application is necessary for operating a business legally within a specific jurisdiction. Much like the FA 51 03, it requires detailed information about the business and may involve fees and compliance checks.

Dos and Don'ts

When filling out the Kansas FA 51 03 form, attention to detail is crucial. Here are four key do's and don'ts to keep in mind:

  • Do ensure all information is complete. Missing details can lead to rejection of your application.
  • Do include the correct filing fee of $115. Applications submitted without payment will not be processed.
  • Don't send cash. Always use a check or money order made out to the Secretary of State.
  • Don't use staples to attach documents or checks. This can slow down processing.

By following these guidelines, you can help ensure that your application is accepted and processed efficiently.

Misconceptions

Understanding the Kansas FA 51 03 form is crucial for foreign corporations looking to operate in the state. However, several misconceptions can lead to confusion. Here are seven common misconceptions, clarified for better understanding:

  • The filing fee is optional. Many believe that the filing fee is not mandatory. In reality, the fee of $115 must be included; otherwise, the application will be rejected.
  • Cash payments are acceptable. Some assume that sending cash will expedite the process. However, cash is not accepted. Payments must be made via check or money order.
  • A certificate of good standing can be older than 90 days. There is a misconception that older certificates are acceptable. The certificate must be issued within the last 90 days to ensure its validity.
  • The corporation name can differ slightly from the original. It is often thought that minor variations in the corporate name are permissible. In fact, the name must match exactly as it appears on the certificate, including punctuation.
  • A resident agent can be anyone. Some believe that any person can serve as a resident agent. However, the agent must be authorized to accept service of process on behalf of the corporation.
  • A P.O. box is an acceptable registered office address. There is a common misunderstanding that a P.O. box can be used. The registered office must be a physical street address in Kansas.
  • Only the owner needs to sign the application. Many think that only the owner’s signature is required. In fact, the application must be signed by an authorized officer of the corporation.

By addressing these misconceptions, foreign corporations can better navigate the application process and ensure compliance with Kansas regulations.

Key takeaways

  • Complete Information is Crucial: Every section of the Kansas FA 51 03 form must be filled out entirely. Incomplete applications will be rejected, so ensure that all required details are provided.

  • Filing Fee and Payment Method: A fee of $115 is required for filing. Payments should be made via check or money order payable to the Secretary of State. Avoid sending cash, and do not staple your documents or checks to expedite processing.

  • Certificate of Good Standing: An original certificate of good standing or existence must accompany your application. This certificate should be issued by the jurisdiction where your corporation is incorporated and must be dated within the last 90 days.

  • Resident Agent and Office Requirements: You must designate a resident agent in Kansas who can accept legal documents on behalf of your corporation. Additionally, provide a registered office address that is a physical location, as P.O. boxes are not acceptable.