17-6402. Lawful consideration for issuance of stock; fully paid stock. The consideration, as determined pursuant to K.S.A. 17-6403(a) and (b), and amendments thereto, for subscriptions to, or the purchase of, the capital stock to be issued by a corporation shall be paid in such form and in such manner as the board of directors shall determine. The board of directors may authorize capital stock to be issued for consideration consisting of cash, any tangible or intangible property or any benefit to the corporation or any combination thereof. The resolution authorizing the issuance of capital stock may provide that any stock to be issued pursuant to such resolution may be issued in one or more transactions in such numbers and at such times as are set forth in or determined by or in the manner set forth in the resolution, which may include a determination or action by any person or body, including the corporation, provided the resolution fixes a maximum number of shares that may be issued pursuant to such resolution, a time period during which such shares may be issued and a minimum amount of consideration for which such shares may be issued. The board of directors may determine the amount of consideration for which shares may be issued by setting a minimum amount of consideration or approving a formula by which the amount or minimum amount of consideration is determined. The formula may include or be made dependent upon facts ascertainable outside the formula, provided the manner in which such facts shall operate upon the formula is clearly and expressly set forth in the formula or in the resolution approving the formula. In the absence of actual fraud in the transaction, the judgment of the directors as to the value of such consideration shall be conclusive. The capital stock so issued shall be deemed to be fully paid and nonassessable stock upon receipt by the corporation of such consideration, except that nothing contained herein shall prevent the board of directors from issuing partly paid shares under K.S.A. 17-6406, and amendments thereto.
History: L. 1972, ch. 52, § 29; L. 1988, ch. 99, § 10; Revived and amend., L. 1988, ch. 100, § 10; L. 2004, ch. 143, § 13; L. 2016, ch. 110, § 31; July 1.
Structure Kansas Statutes
Article 64 - Stock And Dividends
17-6402 Lawful consideration for issuance of stock; fully paid stock.
17-6404 Same; designation of part of consideration as capital; surplus and net assets defined.
17-6405 Fractional shares; certificated or uncertificated shares.
17-6406 Partly paid certificated shares.
17-6407 Rights and options concerning stock; powers of board of directors, limitations.
17-6408 Stock certificates; uncertificated shares.
17-6409 Shares of stock deemed personal property and transferable; taxation.
17-6411 Issuance of additional stock by directors, when.
17-6412 Liability of stockholder or subscriber for stock not paid in full; limitations of time.
17-6413 Payment for stock; rights of directors concerning stock not paid in full.
17-6414 Failure to pay for stock; remedies.
17-6415 Preincorporation subscriptions; period of irrevocability.
17-6416 Formalities required of stock subscriptions.
17-6419 Situs of ownership of stock.
17-6421 Special purpose reserves.
17-6422 Reliance by director or committee member upon corporate records and information.
17-6423 Dividends; method of payment.
17-6426 Transfer or ownership of securities; restrictions.
17-6427 Business combinations with interested stockholders.
17-6428 Ratification of defective corporate acts and stock.
17-6429 Proceedings regarding validity of defective corporate acts and stock.