Service of Process

Service of Process

 

Certain Kansas statutes allow for service of process to be submitted to the Kansas Secretary of State’s Office. The Secretary of State’s Office can only act in the capacity and manner described within the applicable statute. Any service of process that does not meet the requirements of the statute will risk being unacceptable and returned.

The categories below detail instructions for service of process that the Secretary of State’s Office receives:

 

For service on corporations, limited liability companies, and limited partnerships:

 

K.S.A. 60-304(f) allows for the Secretary of State’s Office to act as agent for corporations, limited liability companies, and limited partnerships if certain conditions are met.

  • If the defendant is a domestic (Kansas) entity: For the Kansas Secretary of State’s Office to act as agent for a domestic entity, the business entity that is to be served must be on file with this office.
  • If the defendant is a foreign (non-Kansas) entity: The Kansas Secretary of State’s Office may act as agent for both registered (qualified) and nonregistered (nonqualified) foreign entities. For the Secretary of State’s Office to act as agent for a nonregistered foreign entity, the serving party must provide to the best of their knowledge the domestic state of the entity and the last known registered/principal office, or an indication that the domestic state or registered/principal office cannot be found.

One of two conditions must be met before submitting service of process to the Secretary of State’s Office (for more information on an entity registered with the Secretary of State’s Office and to view the current registered office, perform a Business Entity Search):

  1. The serving party must have attempted to serve the entity’s resident agent at the registered office on file with the Kansas Secretary of State’s Office, or
  2. The entity has failed to maintain an active resident agent in the state of Kansas. (Note: forfeited, dissolved or cancelled entities that are on record with the Kansas Secretary of State’s Office do not disqualify the resident agent unless the resident agent has filed a resignation with this office. The serving party must still satisfy the attempt to serve the resident agent for these entities.)

Once one of these two conditions is met, service of process can be submitted to the Secretary of State’s Office with the following:

  • An original and two copies of the process.
  • Two copies of the petition, notice or demand.
  • $50.00 processing fee.
  • If condition 1 above was met, evidence that an attempt was made to serve the resident agent.
  • A cover letter providing the serving party’s contact information, the name of the entity for whom the Secretary of State will act as agent, the entity type, and the last known domestic state and registered/principal office for the entity or an indication that the domestic state or registered/principal office is unknown.

 

For service on charitable organizations, professional fund raisers, and professional solicitors:

 

Any charitable organization, professional fund raiser, or professional solicitor having a principal place of business other than within this state or organized under and by the laws of a foreign state shall be deemed to have irrevocably appointed the Secretary of State as the agent for service of process. (Search for a charitable organization’s principal office at http://kscharitycheck.org/search.asp for any that are formed in a foreign state and are soliciting or fund raising in Kansas. Contact the Kansas Secretary of State’s Business Services Division at (785) 296-4564 for professional fund raiser’s or professional solicitor’s principal office address.) If the charitable organization, professional fund raiser, or professional solicitor is not registered in this office, submit the service of process with the last known principal office address on a cover letter.

Note: Charitable organizations, professional fund raisers, and professional solicitors are not required to register a resident agent with the Secretary of State’s Office; therefore, there is no requirement to first attempt service to a resident agent.

If the charitable organization, professional fund raiser, or professional solicitor has been verified to have a principal office in another state or country, service of process can be submitted to the Secretary of State’s Office with the following:

  • An original and two copies of the process.
  • Two copies of the petition, notice or demand.
  • $50.00 processing fee.
  • A cover letter providing the serving party’s contact information; the name of the entity for whom the Secretary of State will act as agent; the entity type (charitable organization, professional fund raiser, or professional solicitor); and, if the charitable organization, professional fund raiser, or professional solicitor is not registered with the Kansas Secretary of State’s Office, the last known domestic state and principal office for the entity or an indication that the domestic state or principal office is unknown.

 

For service on licensed manufacturers, distributors, microbreweries, microdistilleries, and farm wineries:

 

K.S.A. 41-313 may require certain licensed manufacturers, distributors, microbreweries, microdistilleries, or farm wineries to be subject to service of process through the Kansas Secretary of State’s Office.

Kansas corporations seeking a manufacturer, distributor, microbrewery, microdistillery, or farm winery license must obtain a certificate of authority from the Kansas Secretary of State and appoint an agent for service of process that is a U.S. citizen and a resident of Kansas.

Corporations that are not organized under Kansas and seeking one of these licenses must also appoint an agent for service; however, the corporation must also authorize the Secretary of State to accept service of process on its behalf. A foreign corporation with one of these licenses should have filed an irrevocable consent to jurisdiction with the Secretary of State’s Office, naming the Secretary of State as its agent for service of process. (Search for the irrevocable consent to jurisdiction at the following link: Business Entity Search.)

Documents for service sent to the Secretary of State should be submitted with a cover letter indicating the name of the party to be served. There is no processing fee for submission of these documents.

 

For service on suppliers selling alcoholic liquor or cereal malt beverages to distributors in Kansas:

 

K.S.A. 41-331 requires that a supplier desiring to sell alcoholic liquor or cereal malt beverages to distributors in this state that does not also have a manufacturer’s or distributor’s license, be deemed to have appointed the Secretary of State as its resident agent for service of process.

Documents for service sent to the Secretary of State should be submitted with a cover letter indicating the name of the party to be served. There is no processing fee for submission of these documents.

 

For service on nonresident motorists:

 

K.S.A. 8-402 allows for a nonresident motorist to be served by sending the service of process to the Kansas Secretary of State’s Office once all other provisions of this statute are met.

When submitting service, please provide a cover letter indicating that the service is for a nonresident motorist. There is no processing fee to for submission of these documents.

 

Other forms of service:

 

For any other forms of service, review the requirements within the statute that names the Secretary of State’s Office as the agent for service of process. Once the prerequisites that are listed within statute are met, submit the documents allowed by such statute with a cover letter indicating the applicable statute, list the defendant/respondent/garnishee/etc., and include any other pertinent information that may assist this office with completing service. If the statute indicates a processing fee, submit the processing fee with an additional $10.00 administrative fee. If the statute does not indicate a processing fee, no administrative fee is required.