Kan. Admin. Regs. § 82-4-27c - Applications for transfer for purposes of change in the form of a business organization
(a) An
application to transfer a certificate of convenience and necessity or a
certificate of public service issued to a common motor carrier shall be
considered by the commission without a hearing, pursuant to
K.S.A.
66-1,115a and amendments thereto, if the
transfer is required because of any change in the form of business
organization, including the following:
(1)
Incorporation of the limited liability company, sole proprietorship, limited
liability partnership, or partnership holding the certificate or permit to be
transferred;
(2) the dissolution of
the corporation holding the certificate or permit and the formation of a
limited liability company, partnership, limited liability partnership, or sole
proprietorship by the entities comprising the former corporation;
(3) the dissolution of the limited liability
company holding the certificate or permit and the formation of a partnership,
limited liability partnership, or sole proprietorship by the entities
comprising the former limited liability company;
(4) the dissolution of the limited liability
partnership holding the certificate or permit and the formation of a limited
liability company, partnership, or sole proprietorship by the entities
comprising the former limited liability partnership; or
(5) the dissolution of the partnership
holding the certificate or permit and formation of a sole proprietorship by a
former partner.
(b) The
application for transfer shall contain all applicable information required by
K.A.R. 82-4-27a and a signed affidavit from the transferor stating both of the
following:
(1) That the transfer is for any of
the following:
(A) The incorporation of the
present limited liability company, sole proprietorship, partnership, or limited
liability partnership;
(B) the
dissolution of a corporation to form a limited liability company, partnership,
limited liability partnership, or sole proprietorship;
(C) the dissolution of a limited liability
company to form a partnership, limited liability partnership, or sole
proprietorship;
(D) the dissolution
of a limited liability partnership to form a limited liability company,
partnership, or sole proprietorship;
(E) the dissolution of partnership to form a
sole proprietorship; or
(F) any
other change in the form of business; and
(2) that the management, operations, and
equipment of the transferee will be the same as that of the
transferor.
Notes
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