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In the realm of vehicle dealership operations within Kansas, the D 100 form emerges as a pivotal document, mandated by the Kansas Department of Revenue's Division of Vehicles Dealer Licensing Bureau. This comprehensive form serves as a bridge of authorization, certifying that a dealership has established a formal sales agreement with a vehicle manufacturer or distributor, thereby permitting the sale of various new vehicle types including automobiles, trucks, motorcycles, manufactured homes, trailers, and recreational vehicles. Situated in Topeka, Kansas, the Bureau underscores the importance of this form by requiring it for official record-keeping, ensuring that all dealer franchises operate under the umbrella of legality and transparency. Not merely a formality, the D 100 form binds the dealer and the manufacturer/distributor through a set of key details, including names and addresses of the involved parties, the effective period of the selling agreement (with provisions for continuous agreements), and the explicit requirement for the submission of the franchise agreement itself. Such rigorously enforced requirements aim to foster a trustworthy vehicle buying and selling environment, safeguarding the interests of all stakeholders involved by mandating immediate notification to the Division of Vehicles regarding any termination or transfer of the agreement. Hence, the D 100 form stands not just as a procedural necessity but as a cornerstone of responsible dealership management and consumer protection in the Kansas automotive market.

Example - Kansas D 100 Form

KANSAS DEPARTMENT OF REVENUE

 

 

 

 

DIVISION OF VEHICLES

 

 

 

 

DEALER LICENSING BUREAU

 

KS DEALER #

 

 

TOPEKA, KANSAS 66626-0001

 

 

 

 

Web Site: www.ksrevenue.org/dmv

* 6 9 *

FOLDER #

 

 

 

 

(785) 296-3621 FAX (785) 296-5854

 

 

 

 

NEW VEHICLE DEALER FRANCHISE CERTIFICATION

THIS IS TO CERTIFY THAT:

Owner Name(s)

KS Dealer Business Name

Business Address

E-mail Address______________________________________________________________________________________________________________

CityStateZip

IS A PARTY TO A WRITTEN SELLING AGREEMENT WITH:

Name of Manufacturer or Distributor

Address of Mfg or Distributor

 

 

Street

 

 

City

County

State

Zip

MANUFACTURER’S KANSAS REGISTRATION NUMBER

D-

 

 

 

Telephone Number

 

 

 

Fax Number

 

 

 

 

Expiration Date of Selling Agreement

 

 

 

 

 

 

 

 

NOTE: If the above dealer is authorized with a continuous agreement, enter “Continuous” on the expiration line above. This certification will NOT be accepted if the above line is left blank. The Division of Vehicles MUST be notified of termination or transfer of this agreement immediately.

TO SELL THE FOLLOWING MAKES OF NEW:

Automobiles

Trucks

Motorcycles

 

Manufactured Homes

 

 

Trailers

 

 

Recreation Vehicles

 

 

TO BE CERTIFIED BY FIRST OR SECOND STAGE MANUFACTURER OR DISTRIBUTOR:

**THIS OFFICE MUST RECEIVE A COPY OF YOUR FRANCHISE AGREEMENT FOR THE ABOVE DEALER**

(Hand Print Only)Name of Authorized Representative/Contact Person & Title

Address/Phone #

 

Street

City

State

Zip

Phone #

Signature

 

 

Hand Printed Name

 

 

By my signature I swear or affirm that this is a true and correct statement. I am aware that the law provides severe penalties for making false statements under oath.

D-100 (03-07)

File Data

Fact # Detail
1 The form is designated for the Kansas Department of Revenue Division of Vehicles Dealer Licensing Bureau.
2 It is known as the "NEW VEHICLE DEALER FRANCHISE CERTIFICATION."
3 This form is utilized for certifying a partnership under a selling agreement between a new vehicle dealer and a manufacturer or distributor.
4 It contains key information including dealer and manufacturer or distributor’s names, addresses, contact information, and the selling agreement's expiration date.
5 The form has a section for indicating the types of vehicles covered under the agreement, including automobiles, trucks, motorcycles, manufactured homes, trailers, and recreational vehicles.
6 To be considered valid, the expiration date of the selling agreement must be clearly stated unless the agreement is continuous.
7 The form requires the signature and printed name of an authorized representative from the manufacturer or distributor, certifying the accuracy of the provided information.
8 An essential requirement is that the Division of Vehicles must be immediately notified upon the termination or transfer of the selling agreement.
9 Governed by Kansas state laws, this form holds legal importance in the regulation and certification of new vehicle dealer franchises within the state.

Kansas D 100 - Usage Guide

Filling out the Kansas D 100 form is a step toward formalizing a business relationship between vehicle dealers and manufacturers or distributors in Kansas. The form serves as a certification of franchise agreement, which is crucial for dealers intending to sell new vehicles. It is important for both parties to complete this form accurately and comply with the Kansas Department of Revenue's Division of Vehicles Dealer Licensing Bureau's requirements. The instructions are straightforward, designed to make the process as smooth as possible.

  1. Begin by entering the dealer's Kansas Dealer Number at the top of the form where "KS DEAL# TOPEKA, KANSAS 66626-0001" is indicated.
  2. Fill in the "Folder #" if applicable, otherwise leave it blank.
  3. Under "THIS IS TO CERTIFY THAT:", enter the owner's full name(s) in the "Owner Name(s)" field.
  4. Write the Kansas Dealer Business Name in the designated space.
  5. For the Business Address, include the complete address, city, state, and ZIP Code.
  6. Provide an accurate E-mail Address for the business.
  7. Under the section titled "IS A PARTY TO A WRITTEN SELLING AGREEMENT WITH:", input the Name of Manufacturer or Distributor and their complete address, including street, city, county, state, and ZIP Code.
  8. Proceed to fill in the Manufacturer’s Kansas Registration Number in the designated space.
  9. For the Telephone Number and Fax Number of the manufacturer or distributor, input the correct details accordingly.
  10. Specify the Expiration Date of the Selling Agreement between the dealer and manufacturer/distributor. If the agreement is continuous, write "Continuous" in the space provided.
  11. Indicate the types of vehicles covered under the franchise agreement by checking the appropriate boxes: Automobiles, Trucks, Motorcycles, Manufactured Homes, Trailers, Recreation Vehicles.
  12. In the section "TO BE CERTIFIED BY FIRST OR SECOND STAGE MANUFACTURER OR DISTRIBUTOR:", provide the Name of Authorized Representative/Contact Person & Title, along with the Address/Phone #, including street, city, state, ZIP Code, and phone number.
  13. The Authorized Representative must sign and hand print their name, thereby swearing or affirming the truthfulness and correctness of the statement. This affirmation acknowledges awareness of the legal consequences for providing false statements.
  14. Ensure that a copy of the franchise agreement accompanies this form when submitted to the indicated office address.

After completing and submitting the Kansas D 100 form along with a copy of the franchise agreement, the Division of Vehicles Dealer Licensing Bureau will process the certification. This form is a key component in establishing a legitimate franchise agreement. It is vital for both the dealer and manufacturer or distributor to keep a copy for their records. Timely and accurate submission is important to avoid any potential delays or issues with the dealer's licensing and dealership operations.

Get Clarifications on Kansas D 100

What is the Kansas D 100 form used for?

The Kansas D 100 form is utilized by new vehicle dealers in Kansas to certify their dealership with the Kansas Department of Revenue, Division of Vehicles Dealer Licensing Bureau. It serves as official documentation that the dealership has entered into a legitimate selling agreement with a manufacturer or distributor for the sale of new vehicles, which may include automobiles, trucks, motorcycles, manufactured homes, trailers, and recreational vehicles. This certification is crucial for operating legally and establishing the dealership's authority to sell specific makes of vehicles.

Where can I obtain the Kansas D 100 form?

The Kansas D 100 form is available through the Kansas Department of Revenue's Division of Vehicles Dealer Licensing Bureau. Dealers can access the form by visiting the official website at www.ksrevenue.org/dmv. On the website, dealers can find the most current version of the form along with instructions on how to complete and submit it properly.

What are the consequences of not submitting a Kansas D 100 form?

Failing to submit a Kansas D 100 form may result in significant legal and operational repercussions for a dealership. Without this certification, a dealership may not be recognized by the Kansas Department of Revenue, leading to an inability to legally sell new vehicles. Additionally, it may face penalties, fines, or other legal actions. It's also important to promptly notify the Division of Vehicles of any termination or transfer of the selling agreement to avoid any complications.

What is a "continuous" agreement as mentioned in the form?

In the context of the Kansas D 100 form, a "continuous" agreement refers to a selling arrangement between a dealer and a manufacturer or distributor that does not have a specified expiration date. Instead of providing a specific end date for the agreement, dealers authorized under continuous agreements can write "Continuous" in the space provided for the expiration date. This indicates an ongoing partnership without a predetermined termination point.

Is it necessary to submit a franchise agreement with the Kansas D 100 form?

Yes, submitting a copy of the franchise agreement alongside the Kansas D 100 form is a mandatory requirement. The franchise agreement provides detailed information about the selling agreement between the dealership and the manufacturer or distributor, including terms and conditions, the makes of vehicles to be sold, and duration. The Division of Vehicles uses this document to verify the legitimacy and scope of the dealership's operations. Without it, the certification process cannot be completed.

What happens if there is a change in the selling agreement?

Dealers are required to immediately notify the Kansas Department of Revenue, Division of Vehicles Dealer Licensing Bureau, of any termination or transfer of their selling agreement. Changes to the agreement can affect the validity of the dealer's certification and its authority to sell certain types of vehicles. Timely notification ensures compliance with state regulations and helps maintain the dealership's legal standing.

How do I update information on a previously submitted Kansas D 100 form?

To update information on a previously submitted Kansas D 100 form, dealers must contact the Division of Vehicles Dealer Licensing Bureau directly. It may involve submitting a new form with the updated information or providing specific details regarding the changes to the bureau. Given the importance of keeping dealership records accurate and current, dealers are encouraged to promptly report any changes to their business name, address, or the selling agreement terms.

Common mistakes

Filling out the Kansas D 100 form, which is essential for obtaining a New Vehicle Dealer Franchise Certification in Kansas, often puts applicants on the spot. While this process is a critical step towards ensuring compliance and securing the legal standing of a dealership, errors can creep in. Let's delve into five common mistakes people make when completing this form:
  1. Leaving the expiration date of the selling agreement blank: A notable requirement on the D 100 form is the expiration date of the selling agreement with the manufacturer or distributor. Sometimes applicants, noticing an option for a "Continuous" agreement, mistakenly leave this section blank if they believe it to be ongoing. However, specifying "Continuous" is mandatory when applicable, ensuring clear communication regarding the contract's nature.

  2. Not including a copy of the franchise agreement: The Kansas Department of Revenue clearly states that a copy of the franchise agreement must accompany the D-100 form. Overlooking or deciding to skip this step can lead to immediate disqualification or significant delays in the certification process, as it is crucial for verifying the details provided in the application.

  3. Inaccurate or incomplete vehicle types: Dealers often have multiple vehicle types they are licensed to sell, from motorcycles to manufactured homes. Failure to list all applicable vehicle types not only limits the scope of a dealer's legal operations but may also create compliance issues, thereby affecting the dealership's credibility and operational capacity.

  4. Missing signatures or incorrect information in the certification section: The bottom section of the form requires the authorized representative's signature, printed name, and their relationship to the dealership (title). Errors or omissions here can invalidate the form. This section is not merely procedural; it’s a legal affirmation of the provided information's accuracy under penalty of law.

  5. Incorrect contact details: While it may seem elementary, ensuring the accuracy of contact information (address, phone numbers, and email) for both the dealership and the manufacturer or distributor is vital. Miscommunication can arise from such oversights, leading to delays in certification or, worse, legal discrepancies that could have been easily avoided.

Addressing these potential pitfalls requires diligent review and understanding of all form requirements. Proper completion of the Kansas D 100 form not only facilitates a smoother certification process but also establishes a solid foundation for dealership operations within the legal frameworks of the state.

Documents used along the form

When engaging with the Kansas D 100 form, used by vehicle dealers to certify a new dealership franchise, it's essential to recognize that this form often doesn't stand alone in the documentation process. Understanding related documents not only helps streamline the process but ensures compliance with all regulatory requirements. These forms complement the Kansas D 100 form, addressing various aspects of vehicle dealership certification and operation.

  • Dealer License Application: This is a prerequisite for obtaining the Kansas D 100 form and is crucial for any new dealer planning to operate within the state. It gathers fundamental information about the business and its owners, ensuring eligibility for a dealership license.
  • Bond of Motor Vehicle Dealer, Manufacturer, or Lienholder: This document serves as a financial guarantee, safeguarding consumer interests. It must be filed with the state to cover potential penalties for non-compliance with dealership regulations.
  • Power of Attorney: Used predominantly when the dealer needs to grant another individual the authority to sign documents and make decisions on behalf of the dealership. This document can be crucial for operational flexibility, especially in larger dealership operations.
  • Vehicle Consignment Agreement: For dealers who will be selling vehicles on consignment, this document outlines the terms and conditions between the consignor and the dealership, including responsibilities and the division of sale proceeds.
  • Zoning Compliance Verification: Affirms that the dealership's location complies with local zoning laws for operating a vehicle sales business. This is often a requirement before a dealership license can be issued or renewed.
  • Employer Identification Number (EIN) Confirmation: Issued by the IRS, this confirms the dealership's EIN, which is necessary for tax purposes. It’s essential for all dealerships as they navigate financial responsibilities.

In summary, while the Kansas D 100 form is a critical document for certifying a new vehicle dealership franchise, it is part of a broader set of documents that collectively ensure legal compliance and operational readiness. Recognizing and understanding these additional forms and documents can significantly enhance the efficiency of establishing or expanding a dealership, ensuring that all regulatory and legal bases are covered. Therefore, maintaining an organized approach to documentation and being vigilant about regulatory requirements is not only advisable but essential for success in the vehicle dealership industry.

Similar forms

The Kansas D 100 form is similar to the California New Dealer Application (OL 248). Both documents are essential for the authorization and operation of vehicle dealerships within their respective states, serving a fundamental role in the licensing process. They require information about the dealership, such as its business name, address, and the names of the owners, ensuring that the business is properly registered and legally allowed to operate. Furthermore, they both necessitate details about the dealership's agreement with vehicle manufacturers or distributors, specifying the types of vehicles the dealership is authorized to sell. This includes not just the make and model of the vehicles but also the duration of the selling agreements, highlighting the necessity for dealerships to maintain current and legitimate agreements with manufacturers.

Another document the Kansas D 100 form resembles is the Michigan Vehicle Dealer License Application (Form AR-0098). Similar to the Kansas D 100, the Michigan form is a critical component in the vehicle dealer licensing process, ensuring that dealers are compliant with state regulations before commencing operations. Both forms collect detailed information about the dealership's relationships with manufacturers or distributors, including written selling agreements, which are vital for verifying the dealership's authorization to sell specific brands and types of vehicles. Additionally, these documents contribute to the regulatory framework that governs vehicle sales, ensuring consumer protection and fair trading within the automotive industry. The similarities extend to their functions as official certifications of dealership agreements, key documents for both establishing new dealerships and maintaining existing licenses.

Dos and Don'ts

Filling out the Kansas D-100 form is a critical step for vehicle dealers in Kansas, ensuring their dealership is recognized by the state and compliant with regulations. As such, it's important to approach this task with attention to detail and a thorough understanding of the process. Here are some do's and don'ts that can guide you through filling out the form correctly.

  • Do:
  • Review the entire form before you start filling it out to ensure you understand all the requirements.
  • Ensure all owner name(s) and the Kansas Dealer business name are accurate and match any legal documents.
  • Provide a valid and current business address, including the correct city, state, and ZIP code.
  • Enter a working email address that you regularly check, as this may be used for official communications.
  • Fill in the name and address of the Manufacturer or Distributor exactly as it appears in your agreement.
  • Check that the Manufacturer’s Kansas registration number is included and correct.
  • Write the expiration date of your selling agreement clearly; if it’s a continuous agreement, specify this by writing “Continuous.”
  • Clearly list all types of vehicles your dealership is authorized to sell under the agreement.
  • Have the form signed by an authorized representative of the Manufacturer or Distributor, ensuring their title is included.
  • Double-check the form for any mistakes or omitted information before submitting it.
  • Don't:
  • Leave any required fields blank. If a section does not apply, indicate this with “N/A” or the appropriate notation.
  • Use a nickname or abbreviation for the business name; always use the full legal name.
  • Forget to update your contact information if it changes after you have submitted the form.
  • Misstate the relationship with the manufacturer or distributor; ensure the selling agreement details are current and accurate.
  • Omit the signature of the authorized representative; this is a key requirement for the form’s validity.
  • Attempt to submit the form without attaching a copy of your franchise agreement, as this is a required document.
  • Ignore the instructions to hand print information where specified; clarity is essential for processing.
  • Misrepresent information on the form; remember that false statements can lead to severe penalties.
  • Submit the form without reviewing it for errors or incomplete information.
  • Forget to notify the Division of Vehicles immediately of any termination or transfer of the selling agreement.

Approaching the Kansas D-100 form with diligence and accuracy ensures that your dealership remains compliant and operational without any unnecessary delays or complications. Taking these do's and don'ts into account will facilitate a smoother, more efficient process.

Misconceptions

There are several misconceptions about the Kansas D-100 form, which is essential for Kansas vehicle dealers. Understanding these misconceptions can help avoid errors and delays in the certification process.

  • Misconception 1: Any dealer can fill out the form regardless of the type of vehicles sold. This form is specifically for dealers of new vehicles, including automobiles, trucks, motorcycles, manufactured homes, trailers, and recreational vehicles.

  • Misconception 2: The form is optional for new vehicle dealers. In fact, it's a required document for certifying a dealership’s franchise agreement with the manufacturer or distributor.

  • Misconception 3: Electronic submission is available for the D-100 form. As per the form instructions, this specific document requires a hard copy submission, including a hand-printed name and signature of the authorized representative.

  • Misconception 4: The expiration date of the selling agreement is optional. The form clearly states that either the expiration date of the selling agreement must be provided or “Continuous” must be entered if applicable. Failure to provide this information will result in the form not being accepted.

  • Misconception 5: Contact information for the manufacturer or distributor is not crucial. The form mandates providing not only the name and address but also the telephone number, fax number, and Kansas registration number of the manufacturer or distributor.

  • Misconception 6: Any changes to the selling agreement do not need to be reported. The form explicitly requires that the Division of Vehicles must be notified immediately of any termination or transfer of the selling agreement.

  • Misconception 7: Personal email addresses can be used on the form. The form requests the email address associated with the dealership's business operations, which should be a professional email address.

  • Misconception 8: The dealer number is assigned by the Kansas Department of Revenue after form submission. Dealers should already have a Kansas dealer number when filling out this form, indicating their registered status with the Department of Revenue.

  • Misconception 9: The franchise agreement does not need to be submitted with the form. The instructions specifically require a copy of the franchise agreement to accompany the D-100 form for the dealer being certified.

Correcting these misconceptions is vital for compliance with Kansas Department of Revenue requirements and ensuring a smooth certification process for new vehicle dealers.

Key takeaways

The Kansas D 100 form serves as a crucial document for vehicle dealers in Kansas, primarily for dealerships engaged in the sale of new vehicles. Below are key takeaways concerning the process of filling out and utilizing this form effectively:

  • The form is an official document issued by the Kansas Department of Revenue Division of Vehicles Dealer Licensing Bureau. It is used to certify a dealership's authority to sell new vehicles as stipulated in a franchise agreement with manufacturers or distributors.
  • Completion of the Kansas D 100 form requires the inclusion of detailed information about the dealership, including owner name(s), the business name, business address, and email address. Accuracy in this information is paramount to ensure valid certification.
  • The form mandates that dealers list the name and address of the manufacturer or distributor with whom they have a selling agreement. This creates a transparent link between the vehicle brands a dealership is authorized to sell and the respective manufacturers or distributors.
  • A critical component of the form is the Manufacturer's Kansas Registration Number and the expiration date of the selling agreement. If the agreement is continuous, specifying this status is crucial to avoid certificate rejection.
  • Dealerships must promptly inform the Division of Vehicles regarding any termination or transfer of their selling agreement. This requirement helps maintain an up-to-date registry of active dealerships and their affiliations.
  • The range of vehicles a dealership is authorized to sell, as mentioned in the form, includes automobiles, trucks, motorcycles, manufactured homes, trailers, and recreational vehicles. This variety underscores the form's applicability across different types of vehicle dealers.
  • Action by a first or second stage manufacturer or distributor to certify the dealership is necessary. This includes providing a copy of the franchise agreement to the office, which serves as a validation of the dealer's claims.
  • Finally, the form requires the signature of an authorized representative from the manufacturing or distributing entity. By signing, the representative affirms the truthfulness and correctness of the provided information, acknowledging the legal consequences of making false statements.

Comprehending and adhering to the requirements of the Kansas D 100 form is essential for vehicle dealers in Kansas. It not only facilitates the lawful sale of new vehicles but also helps in establishing a dealership's credibility and legitimacy in the eyes of both manufacturers/distributors and customers.

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