41-313. Licensing of corporations; conditions; appointment of agent to receive service of process; consent to jurisdiction and forum of Kansas courts.
41-313
41-313. Licensing of corporations; conditions;appointment of agentto receive service of process; consent to jurisdiction and forum of Kansascourts.(a) No corporation, either organized under the laws of this state, anyother state or a foreign country, shall be issued a manufacturer's,distributor's, microbrewery or farm winery license unless the corporation hasfirst procured a certificate of authority from the secretary ofstate to do business in this state as provided by law,appointed a citizen of the United States, and resident of Kansas, as itsagent and filed with the director a duly authenticated copy ofa duly executed power of attorney, authorizing the agent to accept serviceof process from the director and the courts of this state andto exercise full authority of thecorporation andfull authority, control and responsibility for the conduct of all businessand transactions of the corporation within the state relative to alcoholicliquor and the business licensed. The agent must be satisfactory to andapproved by the director with respect to the agent's character. The agent shallat all times be maintained by the corporation.
In addition, any corporation organized under the laws of any other state orforeigncountry, as a condition precedent to the issuance to it of anylicense, shall file with the secretary of state of the state ofKansas, a duly authorized and executed power of attorney, authorizing thesecretary of state to accept service of process from the director and thecourts of this state and to accept service of any notice ororder provided for in this act, and all such acts by the secretary ofstate shall be fully binding upon the corporation.
(b) Every nonresident applicant on applying for a license or permit underthis act, and asa condition precedent to obtaining such license or permit, shall file with thesecretary of state of this state its written consent, irrevocable, thatany action orgarnishment proceeding maybe commenced against such applicant in the proper court of any county in thisstate in which thecause of action shall arise or in which the plaintiff may reside by the serviceof process on theresident agent specified in subsection (a), and stipulating andagreeing that suchservice shall be taken and held in all courts to be as valid and binding as ifdue service had beenmade upon the applicant. The written consent shall state that the courts ofthis state have jurisdiction over the person of such applicant and are theproper andconvenient forum for such action and shall waive the right to request a changeof jurisdiction or venue to acourt outside this state and that all actions arising under this act andcommenced by theapplicant shall be brought in this state's courts as the proper and convenientforum. Suchconsent shall be executed by the applicant and if a corporation, by thepresident and secretary ofthe corporate applicant, and shall be accompanied by a duly certified copy ofthe order orresolution of the board of directors, trustees or managers authorizing thepresident and secretaryto execute the same.
History: L. 1949, ch. 242, § 29; L. 1983, ch. 161, § 7;L. 1987, ch. 182, § 24;L. 2001, ch. 55, § 3; Apr. 5.