What's in a name?

Mr. Lowe beat me to the punch with his comment on my "Also known as" post, and he seems to be much more knowledgeable about the facts than I. I hope Mr. Lowe realizes that we are working toward the same goal - that any and all information about the Association be made available to the Members. Mr. Lowe and I think along the same lines - I think we always have, and I welcome his comments. I don't mind a little verbal sparring, but I do not wish to engage in "battle" with him.

Since the Kansas Business Entity site lists "Sugar Valley Lakes Homes Association" as our "previous" name, I feel that I am well within my rights to refer to the Association by that name, here, and on my website. In deference to Mr. Lowe, I will be sure to make available on the SVLHVL.HEARTLANDVILLE.COM site, a document that informs the Association Membership, and the public, that, in referring to "Sugar Valley Lakes Homes Association", I am, indeed referring to Sugar Valley Lakes Homes Assoc, Inc.

Anyway - here is my next post - a little sooner than I had planned. Here is my view.

What's in a name?

Is our name still Sugar Valley Lakes Homes Association - LEGALLY? Sugar Valley Lakes Homes Association was incorporated in Kansas on November 30, 1973. The name was forfeited in 2005, when we lost our Corporate status for the Corporation failing to timely file a Not For Profit Corporation Change of Registered Office or Agent and/or a Not For Profit Corporation Annual Report, or some other filing that they were legally supposed to perform. And as much, and as often, as things change around here, someone needs to stay on top of the business form filings that need to be done. The current existing name of "Sugar Valley Lakes Homes Assoc, Inc." was registered, we were reinstated, and our Corporate status was restored. The Kansas Business Entity Name Search website lists "Sugar Valley Lakes Homes Association" as our "Previous Name".

That is but one example of how unprofessionally our Corporation, which, after all, is a business, is run. Here is another example. As of December 2007, when our most recent Annual Report was filed, our current status is "Active and In Good Standing". BUT - we still list Charles Stewart as our Registered Agent (last checked on February 7, 2008). That manager has been gone since January of 2007! Looks like another violation of Kansas laws and statutes!

Kansas Statute #17-6203
Chapter 17.--CORPORATIONS
Article
62.--REGISTERED OFFICE AND RESIDENT AGENT

17-6203. Change of registered office or resident agent; death or removal of resident agent; appointment of successor required. (a) Any corporation, by resolution of the board of directors of such corporation, may change the location of its registered office in this state to any other place in this state and the resident agent of a corporation may be changed to any other person or corporation, including itself in the case of a domestic corporation. The resolution shall state the location of the registered office and the resident agent's name as prescribed by subsection (a)(2) of K.S.A. 17-6002 and amendments thereto. Upon the adoption of such a resolution, a certificate certifying the change shall be executed and filed in accordance with K.S.A. 17-6003 and amendments thereto.

(b) If a foreign or domestic corporation's resident agent dies or leaves this state, such corporation shall designate and certify to the secretary of state the name of another resident agent in the manner provided in subsection (a) within 30 days of such death or when the resident agent left. If no new resident agent has been designated in the time and manner as provided in this subsection, service of legal process on such corporation may be made as prescribed by K.S.A. 60-304 and amendments thereto. If any corporation fails to designate a new resident agent as required by this subsection, the secretary of state after giving 30 days' notice of the intended action may declare the corporation's existence forfeited, or, in the case of a foreign corporation, the secretary may declare the corporation's authority to do business in this state forfeited.

History:
L. 1972, ch. 52, § 19; L. 1978, ch. 80, § 2; L. 1999, ch. 39, § 8; L. 2000, ch.
39, § 20; July 1.

There are fees to pay to file these forms, and some time involved, which should just be a matter of taking care of business. There are penalties, fees, and repercussions (such as the loss of our name and corporate status) for failing to take care of our business in a professional and timely manner. Reinstating our Corporation could be a time consuming and costly endeavor. Is there anyone now in our business office, or on our Board, who knows how to run a business? We should hope so! Has this happened before? How many times? Can it happen again? You bet! Will it happen again? Unless our "powers that be" stay on top of this - it is entirely possible.

A member of Sugar Valley Lakes Homes Association (Sugar Valley Lakes Homes Assoc, Inc.?) formed "Sugar Valley Lakes Homes Association" while we were in forfeiture in 2005. Perhaps he would relinquish rights to it if we took care of all of our business around here like it should have been all along, and as it always should be?

Board of Directors and Manager - Do you hear someone calling your names?

Name that tune! - "Takin' Care of Business".

View the Kansas Secretary of State Business Entity Filings and Forms for Not For Profit Corporations.

For more information on Not For Profit Corporations see the Kansas Statutes. Particular Articles and Statutes of interest are contained in Chapter 17 - Corporations.

Kansas Secretary of State Business Entity Information for Sugar Valley Lakes Homes Assoc, Inc.

Perform your own Kansas Business Entity Name Search. Try entering Sugar Valley or Hidden Valley in the name field - INTERESTING!