Article 65.--MEETINGS, ELECTIONS, VOTING AND NOTICES
17-6515.Contested election of director, officer or
member of governing body or any other contested vote of stockholders or
members.
(a) Upon application of any stockholder or director, or any officer whose title
to office is contested, or any member of a corporation without capital stock,
the district court may hear and determine the validity of any election,
appointment, removal or resignation of any director, member of the governing
body, or officer of any corporation, and the right of any person to hold or
continue to hold such office, and, in case any such office is claimed by more
than one person, may determine the person entitled thereto. In making such
determination, the court may make such order or decree in any such case as may
be just and proper, with power to enforce the production of any books, papers
and records of the corporation relating to the issue. In case it should be
determined that no valid election has been held, the court may order an
election to be held in accordance with K.S.A. 17-6501 or 17-6505, and
amendments thereto. In any such application, service of copies of the
application upon the resident agent of the corporation shall be deemed to be
service upon the corporation and upon the person whose title to office is
contested and upon the person, if any, claiming such office; and the resident
agent shall forward immediately a copy of the application to the corporation
and to the person whose title to office is contested and to the person, if any,
claiming such office, in a postpaid, sealed, registered letter addressed to
such corporation and such person at their post-office addresses last known to
the resident agent or furnished to the resident agent by the applicant
stockholder. The court may make such order respecting further or other notice
of such application as it deems proper under the circumstances.
(b) Upon application of any stockholder or any member of a corporation
without capital stock, the district court may hear and determine the result
of any vote of stockholders or members, as the case may be, upon matters
other than the election of directors, officers or members of the governing
body. Service of the application upon the resident agent of the corporation
shall be deemed to be service upon the corporation, and no other party need be
joined in order for the court to adjudicate the result of the vote. The court
may make such order respecting notice of the application as it deems proper
under the circumstances.
History: L. 1972, ch. 52, § 68;
L. 1988, ch. 99, § 32;
Revived and amend., L. 1988, ch. 100, § 32;
L. 1992, ch. 270, § 13;
L. 2004, ch. 143, § 40; Jan. 1, 2005.
Article 65.--MEETINGS, ELECTIONS, VOTING AND NOTICES
17-6515.Contested election of director, officer or
member of governing body or any other contested vote of stockholders or
members.
(a) Upon application of any stockholder or director, or any officer whose title
to office is contested, or any member of a corporation without capital stock,
the district court may hear and determine the validity of any election,
appointment, removal or resignation of any director, member of the governing
body, or officer of any corporation, and the right of any person to hold or
continue to hold such office, and, in case any such office is claimed by more
than one person, may determine the person entitled thereto. In making such
determination, the court may make such order or decree in any such case as may
be just and proper, with power to enforce the production of any books, papers
and records of the corporation relating to the issue. In case it should be
determined that no valid election has been held, the court may order an
election to be held in accordance with K.S.A. 17-6501 or 17-6505, and
amendments thereto. In any such application, service of copies of the
application upon the resident agent of the corporation shall be deemed to be
service upon the corporation and upon the person whose title to office is
contested and upon the person, if any, claiming such office; and the resident
agent shall forward immediately a copy of the application to the corporation
and to the person whose title to office is contested and to the person, if any,
claiming such office, in a postpaid, sealed, registered letter addressed to
such corporation and such person at their post-office addresses last known to
the resident agent or furnished to the resident agent by the applicant
stockholder. The court may make such order respecting further or other notice
of such application as it deems proper under the circumstances.
(b) Upon application of any stockholder or any member of a corporation
without capital stock, the district court may hear and determine the result
of any vote of stockholders or members, as the case may be, upon matters
other than the election of directors, officers or members of the governing
body. Service of the application upon the resident agent of the corporation
shall be deemed to be service upon the corporation, and no other party need be
joined in order for the court to adjudicate the result of the vote. The court
may make such order respecting notice of the application as it deems proper
under the circumstances.
History: L. 1972, ch. 52, § 68;
L. 1988, ch. 99, § 32;
Revived and amend., L. 1988, ch. 100, § 32;
L. 1992, ch. 270, § 13;
L. 2004, ch. 143, § 40; Jan. 1, 2005.
Article 65.--MEETINGS, ELECTIONS, VOTING AND NOTICES
17-6515.Contested election of director, officer or
member of governing body or any other contested vote of stockholders or
members.
(a) Upon application of any stockholder or director, or any officer whose title
to office is contested, or any member of a corporation without capital stock,
the district court may hear and determine the validity of any election,
appointment, removal or resignation of any director, member of the governing
body, or officer of any corporation, and the right of any person to hold or
continue to hold such office, and, in case any such office is claimed by more
than one person, may determine the person entitled thereto. In making such
determination, the court may make such order or decree in any such case as may
be just and proper, with power to enforce the production of any books, papers
and records of the corporation relating to the issue. In case it should be
determined that no valid election has been held, the court may order an
election to be held in accordance with K.S.A. 17-6501 or 17-6505, and
amendments thereto. In any such application, service of copies of the
application upon the resident agent of the corporation shall be deemed to be
service upon the corporation and upon the person whose title to office is
contested and upon the person, if any, claiming such office; and the resident
agent shall forward immediately a copy of the application to the corporation
and to the person whose title to office is contested and to the person, if any,
claiming such office, in a postpaid, sealed, registered letter addressed to
such corporation and such person at their post-office addresses last known to
the resident agent or furnished to the resident agent by the applicant
stockholder. The court may make such order respecting further or other notice
of such application as it deems proper under the circumstances.
(b) Upon application of any stockholder or any member of a corporation
without capital stock, the district court may hear and determine the result
of any vote of stockholders or members, as the case may be, upon matters
other than the election of directors, officers or members of the governing
body. Service of the application upon the resident agent of the corporation
shall be deemed to be service upon the corporation, and no other party need be
joined in order for the court to adjudicate the result of the vote. The court
may make such order respecting notice of the application as it deems proper
under the circumstances.
History: L. 1972, ch. 52, § 68;
L. 1988, ch. 99, § 32;
Revived and amend., L. 1988, ch. 100, § 32;
L. 1992, ch. 270, § 13;
L. 2004, ch. 143, § 40; Jan. 1, 2005.