58-3305.Application for registration.(a) The application for registration of subdivided lands shall be filedas prescribed by the commissioner's rules and shall contain the followingdocuments and information:
(1) An irrevocable appointment of the Kansas securities commissioner toreceive service of any lawful process in any noncriminal proceeding arisingunder this act against the applicant or the applicant's personalrepresentative;
(2) a legal description of the subdivided lands offered forregistration, together with a map showing the division proposed or made,and the dimensions of the lots, parcels, units or interests and therelation of the subdivided lands to existing streets, roads, and otheroff-site improvements;
(3) the states or jurisdictions in which an application for registrationor similar document has been filed, and any adverse order, judgment, ordecree entered in connection with the subdivided lands by the regulatoryauthorities in each jurisdiction or by any court;
(4) the applicant's name, address, and the form, date and jurisdictionof organization; and the address of each of its offices in this state;
(5) the name, address, and principal occupation for the past five (5)years of every director and officer of the applicant or person occupying asimilar status or performing similar functions; the extent and nature ofhis or her interest in the applicant or the subdivided lands as of a specifieddate within thirty (30) days of the filing of the application;
(6) a statement, in a form acceptable to the commissioner, of thecondition of the title to the subdivided lands including encumbrances as ofa specified date within thirty (30) days of the date of application by atitle opinion of a licensed attorney, not a salaried employee, officer ordirector of the applicant or owner, or by other evidence of titleacceptable to the commissioner;
(7) copies of the instruments which will be delivered to a purchaser toevidence his or her interest in the subdivided lands and of the contracts andother agreements which a purchaser will be required to agree to or sign;
(8) copies of the instruments by which the interest in the subdividedlands was acquired and a statement of any lien or encumbrance upon thetitle and copies of the instruments creating the lien or encumbrance, ifany, with data as to recording;
(9) if there is a lien or encumbrance affecting more than one (1) lot,parcel, unit or interest a statement of the consequences for a purchaser offailure to discharge the lien or encumbrance and the steps, if any, takento protect the purchaser in case of this eventuality;
(10) copies of instruments creating easements, restrictions, or otherencumbrances, affecting the subdivided lands;
(11) a statement of the zoning and other governmental regulationsaffecting the use of the subdivided lands and also of any existing tax andexisting or proposed special taxes or assessments which affect thesubdivided lands;
(12) a statement of the existing provisions for access, sewage disposal,water, and other public utilities in the subdivision; a statement of theimprovements to be installed, the schedule for their completion, and astatement as to the provisions for improvement maintenance;
(13) a narrative description of the promotional plan for the dispositionof the subdivided lands together with copies of all advertising materialwhich has been prepared for public distribution by any means ofcommunication;
(14) the proposed public offering statement;
(15) any other information, including any current financial statement,which the commissioner requires by rules or regulations for the protectionof purchasers.
(b) If the subdivider registers additional subdivided lands to beoffered for disposition, the subdivider may consolidate the subsequent registrationwith any earlier registration offering subdivided lands for dispositionunder the same promotional plan.
(c) The subdivider shall immediately report any material changes in theinformation contained in an application for registration.
History: L. 1967, ch. 311, § 5; L. 1976, ch. 241, § 4; July 1.
58-3305.Application for registration.(a) The application for registration of subdivided lands shall be filedas prescribed by the commissioner's rules and shall contain the followingdocuments and information:
(1) An irrevocable appointment of the Kansas securities commissioner toreceive service of any lawful process in any noncriminal proceeding arisingunder this act against the applicant or the applicant's personalrepresentative;
(2) a legal description of the subdivided lands offered forregistration, together with a map showing the division proposed or made,and the dimensions of the lots, parcels, units or interests and therelation of the subdivided lands to existing streets, roads, and otheroff-site improvements;
(3) the states or jurisdictions in which an application for registrationor similar document has been filed, and any adverse order, judgment, ordecree entered in connection with the subdivided lands by the regulatoryauthorities in each jurisdiction or by any court;
(4) the applicant's name, address, and the form, date and jurisdictionof organization; and the address of each of its offices in this state;
(5) the name, address, and principal occupation for the past five (5)years of every director and officer of the applicant or person occupying asimilar status or performing similar functions; the extent and nature ofhis or her interest in the applicant or the subdivided lands as of a specifieddate within thirty (30) days of the filing of the application;
(6) a statement, in a form acceptable to the commissioner, of thecondition of the title to the subdivided lands including encumbrances as ofa specified date within thirty (30) days of the date of application by atitle opinion of a licensed attorney, not a salaried employee, officer ordirector of the applicant or owner, or by other evidence of titleacceptable to the commissioner;
(7) copies of the instruments which will be delivered to a purchaser toevidence his or her interest in the subdivided lands and of the contracts andother agreements which a purchaser will be required to agree to or sign;
(8) copies of the instruments by which the interest in the subdividedlands was acquired and a statement of any lien or encumbrance upon thetitle and copies of the instruments creating the lien or encumbrance, ifany, with data as to recording;
(9) if there is a lien or encumbrance affecting more than one (1) lot,parcel, unit or interest a statement of the consequences for a purchaser offailure to discharge the lien or encumbrance and the steps, if any, takento protect the purchaser in case of this eventuality;
(10) copies of instruments creating easements, restrictions, or otherencumbrances, affecting the subdivided lands;
(11) a statement of the zoning and other governmental regulationsaffecting the use of the subdivided lands and also of any existing tax andexisting or proposed special taxes or assessments which affect thesubdivided lands;
(12) a statement of the existing provisions for access, sewage disposal,water, and other public utilities in the subdivision; a statement of theimprovements to be installed, the schedule for their completion, and astatement as to the provisions for improvement maintenance;
(13) a narrative description of the promotional plan for the dispositionof the subdivided lands together with copies of all advertising materialwhich has been prepared for public distribution by any means ofcommunication;
(14) the proposed public offering statement;
(15) any other information, including any current financial statement,which the commissioner requires by rules or regulations for the protectionof purchasers.
(b) If the subdivider registers additional subdivided lands to beoffered for disposition, the subdivider may consolidate the subsequent registrationwith any earlier registration offering subdivided lands for dispositionunder the same promotional plan.
(c) The subdivider shall immediately report any material changes in theinformation contained in an application for registration.
History: L. 1967, ch. 311, § 5; L. 1976, ch. 241, § 4; July 1.
58-3305.Application for registration.(a) The application for registration of subdivided lands shall be filedas prescribed by the commissioner's rules and shall contain the followingdocuments and information:
(1) An irrevocable appointment of the Kansas securities commissioner toreceive service of any lawful process in any noncriminal proceeding arisingunder this act against the applicant or the applicant's personalrepresentative;
(2) a legal description of the subdivided lands offered forregistration, together with a map showing the division proposed or made,and the dimensions of the lots, parcels, units or interests and therelation of the subdivided lands to existing streets, roads, and otheroff-site improvements;
(3) the states or jurisdictions in which an application for registrationor similar document has been filed, and any adverse order, judgment, ordecree entered in connection with the subdivided lands by the regulatoryauthorities in each jurisdiction or by any court;
(4) the applicant's name, address, and the form, date and jurisdictionof organization; and the address of each of its offices in this state;
(5) the name, address, and principal occupation for the past five (5)years of every director and officer of the applicant or person occupying asimilar status or performing similar functions; the extent and nature ofhis or her interest in the applicant or the subdivided lands as of a specifieddate within thirty (30) days of the filing of the application;
(6) a statement, in a form acceptable to the commissioner, of thecondition of the title to the subdivided lands including encumbrances as ofa specified date within thirty (30) days of the date of application by atitle opinion of a licensed attorney, not a salaried employee, officer ordirector of the applicant or owner, or by other evidence of titleacceptable to the commissioner;
(7) copies of the instruments which will be delivered to a purchaser toevidence his or her interest in the subdivided lands and of the contracts andother agreements which a purchaser will be required to agree to or sign;
(8) copies of the instruments by which the interest in the subdividedlands was acquired and a statement of any lien or encumbrance upon thetitle and copies of the instruments creating the lien or encumbrance, ifany, with data as to recording;
(9) if there is a lien or encumbrance affecting more than one (1) lot,parcel, unit or interest a statement of the consequences for a purchaser offailure to discharge the lien or encumbrance and the steps, if any, takento protect the purchaser in case of this eventuality;
(10) copies of instruments creating easements, restrictions, or otherencumbrances, affecting the subdivided lands;
(11) a statement of the zoning and other governmental regulationsaffecting the use of the subdivided lands and also of any existing tax andexisting or proposed special taxes or assessments which affect thesubdivided lands;
(12) a statement of the existing provisions for access, sewage disposal,water, and other public utilities in the subdivision; a statement of theimprovements to be installed, the schedule for their completion, and astatement as to the provisions for improvement maintenance;
(13) a narrative description of the promotional plan for the dispositionof the subdivided lands together with copies of all advertising materialwhich has been prepared for public distribution by any means ofcommunication;
(14) the proposed public offering statement;
(15) any other information, including any current financial statement,which the commissioner requires by rules or regulations for the protectionof purchasers.
(b) If the subdivider registers additional subdivided lands to beoffered for disposition, the subdivider may consolidate the subsequent registrationwith any earlier registration offering subdivided lands for dispositionunder the same promotional plan.
(c) The subdivider shall immediately report any material changes in theinformation contained in an application for registration.
History: L. 1967, ch. 311, § 5; L. 1976, ch. 241, § 4; July 1.
