17-6206.   Resignation of resident agent; failure toappoint successor; effect; service of process.(a) The resident agent of one or more corporations may resign withoutappointing a successor by filing a certificate executed in accordance withK.S.A. 17-6003, and amendments thereto, with the secretary of state; but suchresignation shall not become effective until 60 days after the certificate isfiled. There shall be attached to such certificate an affidavit of suchresident agent, if an individual, or of the authorized officer, if acorporation or any other entity designated pursuant to K.S.A. 17-6202, andamendments thereto that at least 30 days prior to the date of the filing ofsuch certificate, due notice was sent by certified or registered mail to thecorporation for which such resident agent was acting, by mailing to thesecretary of such corporation, as such secretary's name and address appears onthe last annual report of such corporation filed with the secretary ofstate, or if no annual report has been filed, then as otherwise shown by thefiles and records of the secretary of state.

      (b)   After receipt of the notice of the resignation of its resident agent,provided for in subsection (a), the corporation for which such resident agentwas acting shall obtain and designate a new resident agent to take the place ofthe resident agent so resigning in the same manner as provided in K.S.A.17-6203 and amendments thereto for change of resident agent. If suchcorporation, being a corporation of this state, fails to obtain and designate anew resident agent as aforesaid prior to the expiration of the period of 60days after the filing by the resident agent of the certificate of resignation,the secretary of state shall declare the corporate existence of suchcorporation forfeited. If such corporation, being a foreign corporation, failsto obtain and designate a new resident agent as aforesaid prior to theexpiration of the period of 60 days after the filing by the resident agent ofthe certificate of resignation, the secretary of state shall forfeit itsauthority to do business in this state.

      (c)   After the resignation of the resident agent shall have become effective,as provided in this section, and if no new resident agent shall have beenobtained and designated in the time and manner aforesaid, service of legalprocess against the corporation for which the resigned resident agent had beenacting shall thereafter be upon the secretary of state in the manner prescribedby K.S.A. 60-304 and amendments thereto.

      History:   L. 1972, ch. 52, § 22;L. 1976, ch. 112, § 1;L. 1978, ch. 80, § 4;L. 1998, ch. 189, § 12;L. 2004, ch. 143, § 7; Jan. 1, 2005.