Free BU.p65 - Kansas

Contact Information
Kansas Secretary of State Ron Thornburgh Memorial Hall, 1st Floor
120 S.W. 10th Avenue Topeka, KS 66612-1594
(785) 296-4564
[email protected]
www.kssos.org


KANSAS SECRETARY OF STATE

Business Trust Application

BU
51

All information must be completed or this document will not be accepted for filing.


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1. Name of business trust: ___________________________ The business trust applies for authority to transact business in the state of Kansas and submits the following statement: The date the business trust began or intends to begin business in Kansas: ______________ _____________ ___________
Month Day Year

Please complete the form, print, sign and mail to the Kansas Secretary of State with the filing fee. Selecting 'Print' will print the form and 'Reset' will clear the entire form.
Do not write in this space

2. State of organization: Kansas Out-of-state ___________________
Home state

3. The address of the registered office in Kansas:
Kansas _____________________________________ ________________________ _____________ ____________
Street address City State Zip

and the name of the resident agent at that address: ____________________________________________________ 4. The name and address of the trustees of the business trust: (If this space is insufficient, a complete list should be attached.)
Name Street address City State Zip

I declare under penalty of perjury under the laws of the state of Kansas that the foregoing is true and correct. Executed on the ________ of ___________ , _____________ .
Day Month Year

____________________________________________
Signature

____________________________________________
Title of office

5. Provide a balance sheet, certified by the trustee as of a date no earlier than 60 days prior to the date of filing, fairly and truly reflecting the assets and liabilities of the business trust and specifically setting out its corpus. In case of a foreign business trust, such balance sheet shall fairly and truly reflect an allocation of the trust's money and other assets as between those located, used or to be used in this state and those located, used or to be used elsewhere.
Page 1 of 4

A previously prepared balance sheet may be attached to this application in lieu of the following form. The certification on this page must be completed.
Give specific date of statement: ___________ ______ _______ . Give the fiscal year closing date: _____________ _________ .
Month Day Year Month Day

· The date of the balance sheet must be within 60 days of the filing date.
ASSETS AMOUNT
1. Cash 2. Trade notes & accounts receivable - Less allowance for bad debts 3. Inventories 4. Government obligations - U.S. and instrumentalities - State, subdivisions thereof, etc. 5. Other current assets 6. Loans to shareholders 7. Mortgage and real estate loans 8. Other investments 9. Buildings and other fixed depreciable assets - Less accumulated depreciation 10. Depletable assets - Less accumulated depreciation 11. Land (net of any amortization) 12. Intangible assets (amortizable only) - Less accumulated amortization 13. Other assets 14. TOTAL ASSETS

TOTAL

LIABILITIES AND SHAREHOLDERS' EQUITY AMOUNT
15. Accounts payable 16. Mortgages, notes, bonds payable in less than 1 year 17. Other current liabilities 18. Loans from shareholders 19. Mortgages, notes, bonds payable in 1 year or more 20. Other liabilities 21. Total liabilities 22. Capital stock: - Preferred stock - Common stock 23. Paid-in or capital surplus 24. Retained earnings - appropriated 25. Retained earnings income fund - unappropriated 26. Less cost of treasury stock 27. Net worth (total shareholders' equity) 28. TOTAL LIABILITIES AND SHAREHOLDERS' EQUITY

TOTAL

(

)

(Lines 14. and 28. must be identical)

I, as trustee for the business trust, hereby certify that the foregoing balance sheet fairly and truly reflects the assets and liabilities of the business trust and specifically sets out its corpus. If the foregoing is a foreign business trust, I further certify that the balance sheet fairly and truly reflects an allocation of its money and other assets as between those located, used or to be used in this state and those located, used or to be used elsewhere.

________________________________________
Trustee name

________________________________________
Trustee signature

Page 2 of 4

Foreign business trusts must submit the following Resolution and Irrevocable Consent.

RESOLUTION
The Board of Trustees adopted the following resolution: RESOLVED, That the undersigned trustee of this business trust is hereby authorized and instructed to execute the written consent thereof to be sued in the state of Kansas conforming to K.S.A. 17-7301 et seq., as amended. The undersigned trustee certifies that the foregoing is a true and correct copy of the resolution adopted by the Board of Trustees of said business trust.

____________________________________________
Trustee signature

IRREVOCABLE CONSENT
Know All Persons by these Presents: That this business trust organized under the laws of the state of ___________________________________ , hereby consents, without power of revocation, that actions may be commenced against it in the proper court of any county in the state of Kansas where there is proper venue by service of process on the Secretary of State of the State of Kansas; and the business trust stipulates and agrees that such service shall be taken and held in all courts to be as valid and binding as if due service had been made upon an officer or agent of the business trust. IN WITNESS WHEREOF, said business trust has caused these presents to be executed by a trustee this ________ of ___________, _____________.
Day Month Year

__________________________________________
Trustee signature

Page 3 of 4

Instructions 1. Executed copy of trust instrument or true and correct copy thereof. Attach an executed copy of the trust instrument by which the trust was created and all amendments thereto, or a true and correct copy thereof certified to be such by a trustee under penalty of perjury or by a public official of another state, territory or country in whose office an executed copy thereof is on file. 2. Enclose $65 fee. A fee of $65 must be included with the application before the business trust can be
authorized to do business in Kansas.
3. Use exact business trust name. The business trust name on all documents must be exactly the same as it appears on the trust instrument. The business trust name cannot be the same as any other names on file with our office. If a foreign business trust has the same name as another entity already on file, the foreign business trust must show the state of incorporation in all of its dealings in Kansas. 4. Provide contact person. Enclose a cover letter with the name and phone number of a person who may be contacted if there is a problem with the application. Many errors can be corrected over the telephone. 5. Foreign business trusts. A foreign business trust application must be accompanied by the written irrevocable consent of the business trust that actions may be commenced against it in the proper court of any county where there is proper venue by the service of process on the secretary of state, and the duly certified copy of the order of resolution of the Board of Trustees authorizing the execution of the consent.

Notice: There is a $25 service fee for all returned checks.
K.S.A. 17-2030 Page 4 of 4

Rev. 12/09/04 jls