17-2036.   Same; annual reports; contents; annualreport fee; penalties for noncompliance; applications for extension for filingincome tax returns, confidentiality.(a) Every business trust shall make an annual report in writing to thesecretary of state, stating theprescribed information concerning the business trust at the close ofbusiness on the last day of its tax period under the Kansas income tax act nextpreceding the date of filing, but if a business trust's tax period is otherthan the calendar year, it shall give notice thereof to the secretary of stateprior to December 31 of the year it commences such tax period. The reportsshall be made on forms provided by the secretary of state and shall be filed atthe time prescribed by law for filing the business trust's annual Kansas incometax return. The report shall be dated, signed by a trustee or otherauthorized officer under penalty of perjury, and contain the following:

      (1)   Executed copies of all amendments to the instrument bywhich the business trust was created, or to prior amendments thereto, whichhave been adopted and have not theretofore been filed under K.S.A. 17-2033, andamendments thereto, and accompanied by the fee prescribed therein for each suchamendment; and

      (2)   a verified list of the names and addresses of itstrustees as of the end of its tax period.

      (b) (1)   At the time of filing its annual report, the business trustshall pay to the secretary of state an annual reportfee in an amount equal to $40.

      (2)   The failure of any domestic or foreign business trust to file itsannual report and pay its annual report fee within 90days from the date on which they are due, as aforesaid, shall work a forfeitureof its authority to transact business in this state and all of the remedies,procedures, and penalties specified in K.S.A. 17-7509 and 17-7510, andamendments thereto, with respect to a corporation which fails to file itsannual report or pay its annual report fee within 90days after they are due, shall be applicable to such business trust.

      (c)   All copies of applications for extension of the time for filingincome tax returnssubmitted to the secretary of state pursuant to lawshall be maintained by the secretary of state in aconfidential file and shall not be disclosed to any person except as authorizedpursuant to the provisions of K.S.A. 79-3234 and amendments thereto, a properjudicial order and subsection (d). All copies of such applications shall bepreserved for one year and until the secretary of state orders that the copiesare to be destroyed.

      (d)   A copy of such application shall be open to inspection by or disclosureto any person designated by resolution of the trustees of the businesstrust.

      History:   L. 1961, ch. 127, § 10;L. 1973, ch. 91, § 4;L. 1999, ch. 41, § 1;L. 2002, ch. 185, § 39;L. 2004, ch. 171, § 16;L. 2005, ch. 157, § 3;L. 2007, ch. 81, § 1; July 1.