17-7918. Names of covered entities or foreign covered entities; permitted names in general. (a) Except as otherwise provided in subsection (b), the names of all covered entities, except for banks, savings and loan associations and savings banks, must be distinguishable on the records of the office of the secretary of state from:
(1) The name of any other covered entity or foreign covered entity;
(2) the name of any non-covered entity, other than a general partnership, that has filed with the office of 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 K.S.A. 2021 Supp. 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 documents, certificate of designation or foreign registration has been canceled or forfeited for any reason within the previous one year.
(b) A 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 with the written consent of the other entity, which written consent shall be filed with the secretary of state.
(c) A covered entity may use a name that is not distinguishable from a name described in subsection (a)(1) through (3) if the entity delivers to the secretary of state a certified copy of a final judgment of a court of competent jurisdiction establishing the right of the entity to use the name in this state.
History: L. 2014, ch. 121, § 18; L. 2015, ch. 65, § 16; L. 2016, ch. 110, § 131; L. 2019, ch. 47, § 46; July 1, 2020.
Structure Kansas Statutes
Article 79 - Business Entity Standard Treatment Act
17-7901 Citation of act; applicability.
17-7903 Filings related to corporations. [See Revisor's Note]
17-7904 Filings related to limited liability companies. [See Revisor's Note]
17-7905 Filings related to limited partnerships. [See Revisor's Note]
17-7906 Filings related to limited liability partnerships. [See Revisor's Note]
17-7907 Rules and regulations.
17-7909 Execution of filing constitutes an oath.
17-7912 Correction of inaccurate filing, administrative errors.
17-7913 Secretary of state not liable; not required to file documents not conforming to law.
17-7914 Filing by telefacsimile or electronic communication.
17-7915 Service of process on covered entity or series of a limited liability company.
17-7916 Attorneys-in-fact and power of attorney; irrevocable power of attorney.
17-7917 Failure or refusal to execute document; court to order execution.
17-7918 Names of covered entities or foreign covered entities; permitted names in general.
17-7919 Name requirements for corporations.
17-7920 Name requirements for limited liability companies.
17-7921 Name requirements for limited partnerships.
17-7922 Name requirements for limited liability partnerships.
17-7923 Reservation of exclusive right to entity name.
17-7924 Registered office; requirements to maintain; references in documents.
17-7925 Resident agent; requirement to maintain; references in documents.
17-7926 Change of registered office or resident agent.
17-7927 Change of address of registered office by resident agent; change of name of resident agent.
17-7928 Resignation of resident agent; appointment of successor.
17-7929 Resignation of resident agent; effect of failure to appoint successor; service of process.
17-7930 Foreign covered entities; governing law.
17-7931 Registration of foreign covered entities with secretary of state.
17-7932 Doing business in Kansas; classification of activities.
17-7933 Name requirements for foreign covered entities.
17-7934 Registered office and resident agent requirements for foreign covered entities; changes.
17-7935 Corrections to application for registration of a foreign covered entity.
17-7936 Withdrawal of registration by foreign covered entity. [See Revisor's Note]
17-7937 Action by attorney general to enjoin or restrain a foreign covered entity.