Service of Process
Service of process on business entities shall be made on the Secretary of State by:
1. Filing three (3) copies of the summons and two (2) copies of the petition and any exhibits. The summons and petition shall be served together, along with the fee.
2. If the business entity has a resident agent on record with the SOS, the plaintiff shall furnish a certified copy of the return showing that service on the resident agent has been attempted and that the resident agent of the corporation could not be found at the registered office before the SOS can provide service of process.
3. KSA 60-304(f) appoints the SOS as the service agent for business entities that have failed to appoint or maintain a resident agent for service of process. The business entities that are covered by KSA 60-304(f) are: domestic and foreign corporations, domestic and foreign limited liability companies, and domestic and foreign limited partnerships.
4. The SOS serves as service agent for foreign entities that are transacting business in the state of Kansas that have failed to appoint or maintain a resident agent. "Transacting business" in the state is defined in the business entity laws. This definition is much narrower than the standard provided in the code of civil procedure for determining jurisdiction under the code of civil procedure; the entity must have a tangible and continuous presence in the state to be considered "transacting business" in Kansas for purposes of service of process through the SOS.
5. If a foreign entity is not "transacting business" in the state as defined in the business entity laws, the SOS cannot accept service. Service of process sent to the SOS for a foreign entity that does not meet this definition will be returned without being served.
Fee:
1. $50.00 for service of process on any entity for which the SOS is authorized by statute to accept.
Timeline:
1. Within three (3) working days after receiving the service of process the SOS shall send notice by certified mail, return receipt requested, directed to the entity at its registered office or the last known address found in the SOS records, or if no address is recorded, to the entity's address provided by the serving party.
2. The original green card of service will be maintained by the SOS. An official certificate of proof of service may be ordered as proof that service of the summons and petition was successfully delivered or not delivered for a $15.00 fee.