17-7678.   Filing.(a) The original signed copy of articles of organization or any certificateto be filed pursuant to this act, shall be filed with the secretary of state. Aperson who executes a certificate, statement or articles as an agent orfiduciary shall not be required to exhibit evidence of the person's authorityas a prerequisite to filing. Any signature on any articles or certificateauthorized to be filed with the secretary of state under any provision of thisact may be a facsimile, a conformed signature or an electronically transmittedsignature. Unless the secretary of state finds that any filing does not conformto law, upon receipt of all filing fees required by law,the secretary of state shall:

      (1)   Certify that such document has been filed in the secretary of state'soffice by endorsing upon the original filing the word "filed" and the date andhour of the filing; in the absence of actual fraud, this endorsement isconclusive of the date and time of its filing;

      (2)   record the endorsed document in an electronic medium; and

      (3)   return the original document, certified as a true copy of the recordeddocument, to the person who filed it or such person's representative.

      (b)   The articles of organization shall be amended as provided in acertificate of amendment or judicial decree of amendment upon the filing of thecertificate of amendment or judicial decree of amendment with the secretary ofstate or upon the future effective date specified in the certificateof amendment. An inaccuracy in the articles of organization may be corrected byfiling a certificate of correction with the secretary of state as provided inK.S.A. 17-7683, and amendments thereto. The articles of organizationare canceled upon the issuance of a certificate of cancellation or certificateof merger or consolidation where the limited liability company is not thesurviving or resulting entity by the secretary of state.

      (c)   The fee required by this act shall be paid at the time of the filing ofany articles of organization or any certificate to be filedpursuant to this act.

      (d)   The fee required by this act shall be paid for a certified copy of anypaper on file pursuant to this act and the fee fixed pursuant to this act shallbe paid for each page copied.

      (e)   The secretary of state may prescribe a telefacsimile communication fee inaddition to any filing fees to cover the cost of such services. This fee mustbe paid prior to acceptance of a telefacsimile communication and shall bedeposited into the information and copy service fee fund.

      (f)   Upon filing the articles of organization of a limited liability companyorganized to exercise powers of a professional association or professionalcorporation, the limited liability company shall file with the secretary ofstate a certificate by the licensing body, as defined in K.S.A. 74-146, andamendments thereto, of the profession involved that each of the members is dulylicensed to practice that profession, and that the proposed company name hasbeen approved.

      History:   L. 1999, ch. 119, § 17;L. 2004, ch. 143, § 94; Jan. 1, 2005.