Attorney General Opinion No. 1987-079 PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Attorney General Opinion No. 1987-079 PDF full book. Access full book title Attorney General Opinion No. 1987-079 by Robert T. Stephan. Download full books in PDF and EPUB format.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
K.S.A. 1986 Supp. 75-4218(b)(2), as amended, prohibits a bank from depositing its pledged securities for state bank accounts with a custodial bank which is owned by the same holding company as the depositing bank. Cited herein: K.S.A. 1986 Supp. 9-519 e̲t̲ s̲e̲q̲.; 75-4218; L. 1967, ch. 447, section 7; L. 1968, ch. 75, section 2; L. 1973, ch. 63, section 2; L. 1975, ch. 453, section 10; L. 1985, ch. 58, section 3; 1987 House Bill No. 2498, as amended by House Committee.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
K.S.A. 1986 Supp. 75-4218(b)(2), as amended, prohibits a bank from depositing its pledged securities for state bank accounts with a custodial bank which is owned by the same holding company as the depositing bank. Cited herein: K.S.A. 1986 Supp. 9-519 e̲t̲ s̲e̲q̲.; 75-4218; L. 1967, ch. 447, section 7; L. 1968, ch. 75, section 2; L. 1973, ch. 63, section 2; L. 1975, ch. 453, section 10; L. 1985, ch. 58, section 3; 1987 House Bill No. 2498, as amended by House Committee.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
A recorded mortgage imparts constructive notice of its contents and of unrecorded instruments to which it refers. Thus, an exhibit which is attached to, or which is referred to by, a recorded mortgage may be sufficient to strike a future advances clause appearing in the mortgage. It must be clear, however, that the future advances clause is actually stricken by the exhibit. If the future advances clause is sufficiently stricken, the mortgage will not secure any future advances which may be given. The mortgagee may later secure future advances by filing a new mortgage. The mortgagee will have priority for purposes of the future advances as of the filing of the mortgage securing those advances. If the future advances clause is sufficiently stricken, mortgage registration fees may not be charged on the amount stated in the stricken future advances clause. If the mortgagee later files a new mortgage to secure future advances, a mortgage registration fee shall be charged based on the maximum amount stated in that mortgage. Cited herein: K.S.A. 58-2221; 58-2222; 58-2303; 58-2336; K.S.A. 1985 Supp. 79-3102.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The statutory and regulatory scheme found in K.S.A. 1986 Supp. 55-609(c), 55-711(c) and K.A.R. 82-3-206 imposes an assessment to pay the conservation division expenses and administrative costs. Under this scheme the first purchaser pays the assessment and deducts it from payment of production to producers and royalty owners. Generally, as a matter of federal constitutional law, the federal government and Indian tribes are exempt from state taxation absent congressional consent. In our judgment there is implicit consent to tax the federal government in 30 U.S.C. sections 189 which authorizes a tax against a lessee of the federal government. This federal statute has been interpreted by the U.S. Supreme Court to authorize the tax against the lessee "as if the government were not concerned." There is also congressional authorization to tax the mineral interests of Indian tribes if the interests result from a lease issued to a non-Indian lessee pursuant to the 1924 Act found in 25 U.S.C. sections 398. However, this authorization does not exist in the Indian Mineral Leasing Act of 1938 found in 25 U.S.C. sections 396a. Therefore Indian mineral interests resulting from a lease issued to a non-Indian lessee pursuant to the 1924 Act are not exempt and those pursuant to the 1938 Act are exempt from the statutory and regulatory scheme in question. Cited herein: K.S.A. 1986 Supp. 55-609, 55-711, U.S. Const., Art. IV, sections 3, cl. 2; 30 U.S.C. sections 189, 25 U.S.C. sections 396a; 398.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
K.S.A. 34-229 was amended by 1986 Senate Bill No. 518 to make grain warehouse bonds nonaccumulative. Thus, Kansas has joined the majority of the states and the federal government in disallowing the "stacking" of bonds. Cited herein: K.S.A. 34-229; L. 1986, ch. 153, section 1.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The terms "employer," "employee" and "employ" are construed broadly under the Fair Labor Standards Act. The United States Department of Labor's determination that an individual is an employee of both the City of Norwich and the Kingman County Sheriff's Office is reasonable under the circumstances and should be observed. Cited herein: 29 U.S.C. sections 203, 207, 213; 29 C.F.R. sections 553.9, 553.200, 791.2.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The Kansas Take-Over Bids Act is unconstitutional pursuant to the Supremacy and Interstate Commerce Clauses of the United States Constitution. As applied to entities required to register securities under federal law, the state act is pre-empted. As applied to other entities, the act frustrates the neutral Congressional position between management and acquiring entities, and is therefore pre-empted. In addition, the act is invalid on the grounds that it creates an undue burden on interstate commerce. State regulation of tender offers is not entirely prohibited. However, if the state wishes to regulate, it must do so by legislative action rather than by judicial application of a broad severability clause. Cited herein: K.S.A. 17-1276; 17-1277; 17-1279; 17-1284; 17-1285; 15 U.S.C. sections 781, 78m, 78n, 78bb; 17 C.F.R. sections 240.14d, 240.14e.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Pursuant to the provisions of K.S.A. 26-201, a city may appropriate private property by eminent domain for a public use. Acquisition of a railroad depot building which is included on the state register of historic places constitutes a public use. Cited herein: K.S.A. 26-201; 75-2714.
