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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The sale of investment certificates by investment companies is restricted by K.S.A. 16-601 e̲t̲ s̲e̲q̲. Two such restrictions apear at K.S.A. 16-601 (8) and (9) (as amended by L. 1981, ch. 90, section 1). The former proscribes loans from investment companies in excess of a specified percentage of the unimpaired capital of the company, except where the loan is to a majority-owned affiliate or subsidiary Kansas corporation of the company or of its parent corporation. An affiliate of the company's parent which was not a Kansas corporation would accordingly not be a proper recipient of such a loan. Furthermore, such a transaction would not come under the exception for the purchase of commercial paper contained in K.S.A. 16-601(8), nor is it an investment which is "inherent" to the business of the investment company as required by K.S.A. 16-601(9). Cited herein: K.S.A. 16-601(8), 16-601(9) (both as amended by L. 1981, ch. 90, section 1), K.S.A. 16-613, 16-620, K.S.A. 1980 Supp. 16a-2-302 (as amended by L. 1981, ch. 95, section 1), K.S.A. 84a-3-104.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The sale of investment certificates by investment companies is restricted by K.S.A. 16-601 e̲t̲ s̲e̲q̲. Two such restrictions apear at K.S.A. 16-601 (8) and (9) (as amended by L. 1981, ch. 90, section 1). The former proscribes loans from investment companies in excess of a specified percentage of the unimpaired capital of the company, except where the loan is to a majority-owned affiliate or subsidiary Kansas corporation of the company or of its parent corporation. An affiliate of the company's parent which was not a Kansas corporation would accordingly not be a proper recipient of such a loan. Furthermore, such a transaction would not come under the exception for the purchase of commercial paper contained in K.S.A. 16-601(8), nor is it an investment which is "inherent" to the business of the investment company as required by K.S.A. 16-601(9). Cited herein: K.S.A. 16-601(8), 16-601(9) (both as amended by L. 1981, ch. 90, section 1), K.S.A. 16-613, 16-620, K.S.A. 1980 Supp. 16a-2-302 (as amended by L. 1981, ch. 95, section 1), K.S.A. 84a-3-104.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
L. 1981, Ch. 156 section 2(g) does not require that an inmate convicted of a class A, B or C felony by reason of aiding, Abetting, advising or counseling another to commit a crime, or by reason of the principle provided for in subsection (2) of K.S.A. 21-3205, serve one-half of the minimum term of imprisonment imposed by the court. Rather, the law requires that the inmate serve one-half of the term of imprisonment which would be required had not the aiding, abetting, etc. come into play. Thus, on a class A felony conviction, parole eligibility would occur after seven and one-half years of confinement and on a class B or C felony conviction, parole eligibility would occur after service of one-half of the minimum sentence imposed less good time credits available. Cited herein: L. 1981, Ch. 156.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The statutory requirements for the execution of deeds and other instruments for the conveyance of a corporation's real property or an interest therein are prescribed by K.S.A. 17-6003(g). As long as there is compliance with such requirements, provisions in the corporation's bylaws requiring execution of such instruments by officers of the corporation in addition to those specified in said statute are permissible. However, failure to comply with these bylaw requirements does not, as a general rule, affect the validity of a conveyance made in compliance with the statutory requirements. Cited herein: K.S.A. 17-6003, K.S.A. 1980 Supp. 17-6009, G.S. 1868, ch. 23, section 38.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, XIV.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Pursuant to the provisions of the Real Estate Brokers' and Salespersons' License Act, K.S.A. 1980 Supp. 58-3034 e̲t̲ s̲e̲q̲., any person, in the absence of all applicable exemption, must be licensed as a real estate broker, associate broker, or salesperson in order to auction real estate as an employee of or on behalf of the owner of real estate. Although subsection (d) of K.S.A. 1980 Supp. 58-3037 exempts the executor of an estate from the licensure requirement, said exemption statute does not exempt unlicensed auctioneers employed by the executor, and such nonexempt, unlicensed auctioneers may not auction real estate. Cited herein: K.S.A. 1980 Supp. 58-3035, 58-3036, 58-3037.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan