Which place’s debt rules apply—and who can help?

SettleADebt.com — S_KS, PASS-05

Kansas mandatory agreement, disclosure, and execution component

Fresh PASS-05 public-source access date: October 26, 2026, Pacific (America/Los_Angeles) and October 26, 2026 UTC Actual model: GPT-5.6 Sol Pro Review character: Same-project continuation in the original authorized Chat; not an independent review Component boundary: Mandatory pre-service work, written agreement terms, execution and copy delivery, electronic contracting, cancellation notice, amendments and assignment boundaries, ongoing agreement disclosures, and the unresolved noncustodial contract architecture.

PASS-01 and PASS-02 remain preserved. PASS-03 funds is saved but unreviewed by the coordinator, and PASS-04 security is separately submitted; neither is treated here as accepted authority. The current statutes needed for this agreement component were read directly.

Executive determination

Kansas imposes one unusually detailed agreement architecture on every person that is required to be licensed under the Kansas Credit Services Organization Act. Before engaging in covered debt-management services, the licensee must provide financial education, identify all creditors, prepare and provide a written full-debt financial analysis and initial budget showing that the consumer can reasonably meet the budget, identify expected participating and nonparticipating creditors, enter into a written agreement, and provide the consumer a signed copy. The agreement must use at least 12-point type, be signed and dated by both the consumer and licensee, and contain twelve specified sets of terms and disclosures. Kansas Legislature

The statute treats these as pre-service conditions. It does not expressly establish that the education, analysis, and creditor work must precede the consumer’s signature in a particular order; it establishes that the licensee may not engage in debt-management services unless all the conditions are satisfied. A compliance-conservative sequence would complete the analysis and creditor work before presenting the agreement, but that sequencing is not separately stated as a statutory contract-formation rule.

The architecture fits a traditional custodial debt-management plan most naturally because the agreement must schedule payments the consumer will make to the licensee for creditor disbursement and identify creditor payments made by the licensee. A noncustodial negotiation provider may still be covered under Kansas’s broad substantive definition, but no current public rule, formal OSBC interpretation, or controlling decision was located explaining how a model in which the consumer pays creditors directly can truthfully satisfy those clauses. Merely inserting “not applicable,” a zero-dollar payment schedule, or a consumer-owned account does not have verified Kansas authority. Kansas Legislature+1

Nazar v. Allied Consumer Services supports the first half of that conclusion but not the second. The bankruptcy court applied the registration-era KCSOA agreement and budget requirements to a noncustodial settlement program and found numerous omissions. It did not decide whether the direct-payment model satisfied the former payment-to-provider clause corresponding to current K.S.A. 50-1120(c)(5). The decision arose after default and on a properly supported, unopposed summary-judgment record, not through a modern contested interpretation of the current licensing statute. District of Kansas Bankruptcy Court+4

Kansas permits electronic records and signatures, but electronic execution is not automatic. Both parties must agree to transact electronically; the signatures must be attributable to the purported signers and adopted with intent to sign; the consumer’s signed copy must be capable of retention when received; the system cannot inhibit printing or storage; and the electronic presentation must preserve the statute’s required content and formatting, including the 12-point requirement. Kansas Legislature+3

The consumer has a continuing right to rescind at any time by written notice. Kansas does not create a short three-day cooling-off period; it creates an ongoing rescission right. Receipt of rescission starts the separate ten-calendar-day deadline for return of funds then held in trust for the consumer. That statutory return is not a blanket refund of every previously paid lawful fee, and cancellation itself does not earn a new fee. Unauthorized-payment voiding and return under K.S.A. 50-1126(e) is a separate rule. Kansas Legislature+2

No current public Kansas sample consumer agreement, approved model agreement, agreement checklist, amendment form, or current state-specific NMLS agreement exhibit was extracted. OSBC’s public applications page links the licensing route and several operational forms but no consumer agreement form; its displayed CSO renewal cycle remains the past 2025-report/April 1, 2026 cycle. The current public administrative-interpretation compilation produced no matches for K.S.A. 50-1120, “credit services organization,” or “debt management services agreement.” These are bounded public-source findings, not proof that no examination template, nonpublic license item, unpublished order, or accepted provider document exists. Kansas Bank Commissioner+2

A. Substantive findings

1. Scope, definitions, and model-specific application

1.1 The agreement duties follow covered status

K.S.A. 50-1120 begins with “No person required to be licensed by this act shall engage in debt management services unless” the listed conditions are satisfied. It does not establish separate contract forms for the Act’s three substantive branches:

1. Receiving or offering to receive consumer funds for distribution among creditors.
2. Improving or offering to improve a consumer’s credit record, history, rating, or score.
3. Negotiating or offering to negotiate a reduction or deferral of obligations arising from credit extended by others. Kansas Legislature+1

Thus, the contract obligation is triggered by being a person required to be licensed, not merely by operating a custodial DMP.

The only express Article 11 entity exemption relevant here remains the conditional exemption for a Kansas-licensed attorney acting within the course and scope of the attorney’s practice and that attorney’s qualifying law firm. Nonprofit status is expressly included within “person.” Remote operation, affiliate status, processor status, attorney connection, or a marketing label does not itself establish an exemption. Kansas Legislature+1

1.2 Model-security and structural fit

1.3 A license and fee ceiling do not validate a particular agreement

A Kansas CSO license is permission to conduct covered business subject to the Act; it does not approve the provider’s agreement language. Likewise, an authorized fee category or ceiling does not make a fee collectible under a defective, unexecuted, misleading, or structurally noncompliant agreement. K.S.A. 50-1126 separately prevents most consumer fees or funds from being imposed or received until the consumer and licensee have executed the agreement. Kansas Legislature

2. Pre-service work and every mandatory agreement clause

2.1 Pre-service education and suitability work

Before engaging in debt-management services, the licensee must satisfy four substantive onboarding conditions:

K.S.A. 50-1120 does not specify a required credit-report provider, report age, refresh interval, scoring model, or format for the affordability analysis. It does not establish a mathematical debt-to-income ratio. The legal result it does require is a written analysis indicating that the consumer can reasonably satisfy the proposed budget. If the analysis does not support that conclusion, the statute supplies no permission to proceed merely because the consumer wishes to enroll. Kansas Legislature

2.2 Sequencing qualification

The statute lists education, analysis, creditor lists, and execution as parallel preconditions to engaging in services. It does not expressly state:

• That education must occur before the financial analysis.
• That the analysis must be completed before the consumer signs.
• That every creditor must have formally accepted before execution.
• That the agreement must be signed during the same session.
• That both parties must sign on the same date.

A compliance-conservative workflow completes the education, creditor identification, affordability analysis, and creditor expectations before presenting the final agreement. That is a sensible control, but it is labeled here as a best practice, not as an additional statutory sequence.

2.3 Form, signatures, dates, and copy

The agreement must:

• Be in writing.
• Use at least 12-point type.
• Be signed and dated by the consumer.
• Be signed and dated by the licensee.
• Be provided to the consumer as a signed copy. Kansas Legislature

A draft, unsigned enrollment form, consumer-only signature, provider-only signature, recorded sales call, welcome email, or terms merely posted online does not by itself satisfy all of those express conditions.

The statute does not define the authorized individual who may sign for an entity licensee. Actual corporate authority, delegation, and electronic attribution remain document- and fact-dependent.

2.4 Mandatory clause checklist

The complaint notice must be substantially similar to:

“The Kansas Office of the State Bank Commissioner accepts questions and complaints from consumers regarding [licensee name and license number] at 700 SW Jackson, Suite 300, Topeka, Kansas, 66603, or by calling toll-free 1-877-387-8523.”

That limited quotation is reproduced because the statute expressly prescribes the required notice.

2.5 Terms the reviewed Kansas clause list does not expressly require

K.S.A. 50-1120 does not separately require the agreement to contain:

• A single overall agreement-expiration date.
• A general tax-consequence disclosure.
• A credit-score-damage disclosure.
• A collection-call or litigation-risk disclosure.
• A settlement-success estimate.
• A creditor-acceptance guarantee disclaimer.
• A dedicated-account administrator’s legal name or fee.
• A bank-account ownership provision.
• A governing-law clause.
• A forum-selection clause.
• An arbitration clause.
• A class-action waiver.
• An integration or merger clause.
• A force-majeure clause.
• A privacy or cybersecurity notice.
• A provider-termination clause.
• A unilateral amendment clause.
• A consumer portal or continuous-account-access term.
• A translation or non-English-language notice.

That is a bounded reading of Article 11’s agreement provision. It does not establish that another applicable state or federal law never requires one of those disclosures.

2.6 Prohibited agreement structures and sales conduct

A covered provider may not use misleading or deceptive representations to induce the agreement, structure it to produce negative amortization, take a mortgage or other security interest in consumer property, lend to the consumer, sell credit insurance, purchase the consumer’s debt, charge through a promissory note or promise to pay, or attempt to cause the consumer to waive rights or benefits under the Act. Kansas Legislature

The prohibition against waivers does not by itself establish that every prohibited clause automatically voids the whole agreement. K.S.A. 50-1126(e) contains an express voiding rule for an unauthorized fee, charge, fund, or payment, subject to the accidental-and-bona-fide-error qualification. Other contract defects are violations and may carry KCSOA/KCPA consequences, but full severability, rescission, restitution, arbitration, and enforceability analysis remains a later component. Kansas Legislature+1

3. Signature, assent, effectiveness, delivery, readability, and electronic contracting

3.1 Paper execution

For a conventional paper agreement, the minimum evidence-backed sequence is:

1. Final agreement contains all mandatory clauses in at least 12-point type.
2. Consumer signs and dates it.
3. Licensee signs and dates it.
4. Licensee provides the consumer a copy containing the completed signatures.
5. The provider begins covered service only after all K.S.A. 50-1120 prerequisites are satisfied.
6. Except for the K.S.A. 50-1126(b)(5) counseling/education branch, the provider does not impose or receive consumer fees or funds before execution.

K.S.A. 50-1120 does not define an “effective date” separate from execution. Where signatures occur on different dates, the later completed signature and copy delivery are the safer operative execution points, but the statute does not expressly define that rule.

3.2 Kansas UETA

Kansas’s Uniform Electronic Transactions Act allows an electronic record to satisfy a writing requirement and an electronic signature to satisfy a signature requirement. It does not dispense with other substantive law. Therefore, electronic contracting can satisfy K.S.A. 50-1120 only if the resulting record still contains all required terms, signatures, dates, formatting, and copy-delivery elements. Kansas Legislature+1

Key UETA conditions are:

3.3 The signed-copy requirement in an electronic flow

An electronic process should not be treated as complete merely because the consumer clicked “accept.” The final consumer copy must:

• Contain the complete agreement.
• Reflect the licensee and consumer signatures.
• Reflect the required dates.
• Preserve the required formatting.
• Be retrievable in perceivable form.
• Be printable or storable by the consumer at receipt.
• Be retained accurately for the statutory record period.

A portal that provides a downloadable final PDF may satisfy those elements if the signatures, dates, content, and attribution are valid. A portal that only displays scrolling text, withholds the provider signature, blocks saving, or substitutes a later version does not have verified compliance.

Kansas does not specify how “12-point type” should be measured on a responsive mobile display. The statute and UETA preserve the formatting requirement, but no official OSBC guidance was located addressing CSS units, zoom levels, mobile scaling, or responsive typography. A stable final document rendered in at least 12-point type is the more conservative implementation; it is not represented as an agency-approved safe harbor.

3.4 Federal E-SIGN boundary

For transactions in or affecting interstate or foreign commerce, E-SIGN prevents denial of legal effect solely because an electronic record or signature was used. It preserves substantive content and timing requirements and does not force a person to accept electronic records. U.S. Code

Kansas adopted UETA, and E-SIGN expressly permits qualifying UETA enactments to modify or supersede §7001 with respect to state law. Thus, Kansas UETA is the direct state-law execution framework for the Kansas agreement duties; E-SIGN should not be casually overlaid as though every Article 11 agreement independently triggers every federal consumer-consent step. U.S. Code

Where a separate written-disclosure requirement in an interstate transaction is governed by E-SIGN’s federal consumer-disclosure provision, the person providing the electronic record must address:

• Affirmative consumer consent that has not been withdrawn.
• A clear statement of paper-record rights and options.
• The right and procedure to withdraw consent.
• Conditions, consequences, or fees resulting from withdrawal.
• Whether consent covers one transaction or categories of records.
• Procedures for updating electronic contact information.
• Paper-copy availability and any fee.
• Hardware and software requirements.
• Electronic consent or confirmation reasonably demonstrating access.
• Renewed disclosure and consent when technology changes create a material access risk. U.S. Code+2

E-SIGN’s definition of “consumer” is narrower than the Kansas CSO definition: it applies to an individual obtaining products or services primarily for personal, family, or household purposes, whereas Kansas Article 11 defines consumer as an individual Kansas resident. An individual with business-purpose debt may therefore fit the Kansas definition while falling outside E-SIGN’s federal consumer definition. U.S. Code+1

Failure to obtain the access-demonstration confirmation described in 15 U.S.C. §7001(c)(1)(C)(ii), standing alone, does not automatically invalidate the whole consumer contract. That federal qualification should be preserved rather than converted into a categorical voidness rule. U.S. Code

3.5 Language and readability

Kansas expressly requires at least 12-point type but does not establish a separate Article 11 plain-language score, language-selection rule, translation requirement, or rule requiring the agreement to match the language of the solicitation. The prohibitions against false, misleading, deceptive, or materially misrepresentative conduct still apply.

No conclusion is supplied that an English-only agreement is always sufficient after non-English solicitation. That issue would require actual communications, federal overlays, KCPA analysis, and potentially other law.

4. Rescission, notice, modifications, assignments, and prohibited waivers

4.1 Continuing written rescission right

The agreement must disclose the consumer’s right to rescind at any time by written notice to the licensee. The statute does not prescribe:

• A mandatory rescission form.
• Certified mail.
• A particular subject line.
• A handwritten signature.
• A reason for cancellation.
• A three-day or other short rescission window.
• A required provider acknowledgment.

The related return clock starts upon receipt of rescission by the licensee, not merely when the consumer writes or intends to send it. Kansas Legislature+1

4.2 Electronic rescission notice

Where the parties have agreed to electronic transactions and the agreement designates or uses an email address or information-processing system for such notices, UETA supplies a potential receipt rule: receipt occurs when the record enters the designated or used system, is processable, and is retrievable by the recipient. Actual agreement language, system designation, delivery evidence, and processability remain necessary. Kansas Legislature

An email is not automatically valid merely because it is written text. A provider also cannot manufacture nonreceipt by using a notice system that the consumer cannot reasonably use or by contradicting the agreement’s designated route.

4.3 Ten-calendar-day computation

K.S.A. 50-1122(c) requires the then-held trust funds to be returned within ten calendar days after the licensee receives rescission. The general Kansas computation statute applies to statutory periods that do not state another computation method:

• Exclude the triggering day.
• Count every intermediate day, including Saturdays, Sundays, and legal holidays.
• Include the last day, but if it is a Saturday, Sunday, or legal holiday, continue to the next nonholiday. Kansas Legislature+1

This computation does not decide which funds are held, whether a payment has finally settled, or whether a previously paid fee was lawful or refundable.

4.4 Cancellation, fee refunds, and voidness are distinct

4.5 Amendments, extensions, and debt changes

K.S.A. 50-1125 requires the licensee to preserve the agreement and “any extensions thereto,” along with payments, disbursements, charges, and correspondence, during the term and for five years after cancellation or completion. The statute therefore contemplates that extensions can exist, but it does not supply a complete amendment procedure. Kansas Legislature

No reviewed Article 11 provision establishes:

• Whether every amendment must be signed by both parties.
• Whether an amendment must also use 12-point type.
• Whether a creditor addition or removal requires a new agreement.
• Whether changing a payment date requires re-execution.
• Whether a consumer’s oral approval is sufficient.
• Whether a provider may amend terms unilaterally.
• Whether a changed service description requires a new education or budget process.
• Whether a material fee change requires a new execution event.

A written, signed amendment that preserves all mandatory disclosures is compliance-conservative, but it is not represented as a separately stated Kansas safe harbor.

Because creditor names, payment amounts, due dates, and anticipated payoff dates are mandatory agreement terms, operating under materially different information without updating the written record creates an evident compliance issue. The exact legal cure is unresolved.

4.6 Assignment

K.S.A. 50-1121(h) prohibits transfer or assignment of the license. It does not expressly state whether a consumer agreement may be assigned from one properly licensed CSO to another or what consumer notice or consent would be required. Kansas Legislature

No automatic contract-assignment permission should be inferred from silence. Entity identity is itself a required agreement term, and the receiving entity’s licensure, services, signatures, duties, consumer consent, records, and current terms would all require examination.

4.7 Provider termination and service pause

The reviewed provisions do not establish a required provider-termination clause, provider-initiated cancellation notice period, cure period, transfer process, or mandatory service-pause procedure. Written consumer rescission terminates the consumer’s election to continue under the agreement, but the exact operational timing for stopping calls, negotiations, or administrative work is not separately defined in the reviewed statute.

No provider may use termination to create an unauthorized fee, retain funds contrary to law, avoid required reporting, or cause a consumer to waive rights.

4.8 Waiver, arbitration, and choice of law

The licensee may not attempt to cause a consumer to waive or agree to forego rights or benefits under the Act. Kansas Legislature

No Article 11 provision located in this pass expressly:

• Requires arbitration.
• Prohibits every arbitration agreement.
• Authorizes a class-action waiver.
• Selects Kansas law.
• Selects a Kansas forum.
• Authorizes waiver of jury trial.
• Specifies severability of an unlawful clause.

A clause cannot validly be analyzed merely by its title. Full Federal Arbitration Act, Kansas arbitration, KCPA, jury-waiver, unconscionability, choice-of-law, and forum analysis remains a later contract/remedies component.

5. Regulator materials and materially relevant court authority

5.1 Public OSBC forms and instructions

OSBC’s current public CSO applications page identifies the CSO license and routes applications and renewals through NMLS. The page links an investigative-background form, trust-account consent, and surrender report. It does not publicly link:

• A consumer agreement form.
• A sample K.S.A. 50-1120 notice.
• A model rescission notice.
• A creditor schedule exhibit.
• A budget-analysis form.
• A noncustodial settlement addendum.
• An amendment form.
• A current consumer-agreement checklist.

The page still displays the “2025 CSO Renewal and Annual Report — Due April 1, 2026” cycle. It cannot be treated as a complete current 2027 filing package.

5.2 Current guidance

The 2026 OSBC guidance compilation contains CML Guidance 2019-1, updated March 5, 2025. Its CSO-specific portions address:

• Use of the licensed name and license number in solicitations and advertising.
• Thirty-six-month advertising retention.
• The ban on false, misleading, or deceptive advertising.
• Treatment of websites, social-media posts, and other electronic promotion as advertising.

It does not supply a consumer agreement form or interpretation of clauses (c)(5)–(6). Kansas Bank Commissioner+4

5.3 Administrative interpretations

The 2026 administrative-interpretation compilation’s outline concerns interpretations issued under K.S.A. 16a-6-104(1)(f). Focused text searches produced no match for:

• 50-1120
• credit services organization
• debt management services agreement

That is a limited public-compilation result. It does not establish that OSBC has never addressed an agreement in an examination, private licensing communication, consent order, unpublished directive, or another repository. Kansas Bank Commissioner+2

5.4 NMLS checklist

The public NMLS checklist compiler was reached, but the current Kansas CSO checklist and any agreement-specific item were not extracted through the available public text interface. No account, API, browser-control route, automation, or workaround was used.

A generic MU1 form or portal title would not establish:

• A current Kansas agreement exhibit.
• An approved agreement.
• A regulator’s acceptance of particular clauses.
• A provider’s current authorization.
• A current noncustodial model.

5.5 Nazar v. Allied Consumer Services

The historical agreement is important because it was a noncustodial settlement arrangement:

• The consumer accumulated settlement funds separately.
• The consumer was expected to pay creditors directly.
• The provider negotiated settlements.
• The provider was nevertheless treated as covered by the former Kansas registration statute.

The court examined the Client Agreement and Enrollment Summary and found:

• No supported written financial analysis and budget showing the debtor could make the required plan payments.
• Omission of multiple agreement disclosures under the then-current statutory numbering.
• K.S.A. 50-1120 violations constituting deceptive acts.
• Civil penalties and other relief against the provider. District of Kansas Bankruptcy Court

The old 2004 numbering matters. In the original enactment:

• Former subsection (c)(4) contained the payment-to-provider schedule.
• Former subsection (c)(5) contained the participating-creditor details.
• Former subsection (c)(6) contained nonparticipating creditors.
• The current statute added a separate licensee-identity clause and renumbered the later provisions. Kansas Legislature+1

Nazar’s footnote identified omissions under old subsections (c)(5), (6), (7), (8), and (11). It did not identify or decide former (c)(4), the predecessor of current (c)(5). Therefore, the case does not resolve whether direct consumer-to-creditor payments satisfy the current payment-to-licensee clause.

Procedurally, Allied did not properly answer, default was entered, and it did not respond to the later summary-judgment motion. The court nevertheless relied on properly supported, undisputed facts. The opinion was signed and filed April 16, 2012; the public search title uses April 17. It remains persuasive evidence of functional application and agreement omissions, not a modern contested appellate construction of the current license statute.

5.6 Consequence of an omitted clause

K.S.A. 50-1132 makes a violation of the Act a deceptive act or practice under the Kansas Consumer Protection Act, with cumulative remedies. Nazar applied that rule to multiple agreement and budget omissions. Kansas Legislature+1

That does not mean every omission automatically produces:

• A void agreement.
• The same civil penalty.
• Automatic rescission.
• Automatic refund of every fee.
• Surety coverage.
• A particular limitation period.
• A specific private damages amount.

Those outcomes depend on the violated provision, posture, proof, causation, available remedies, current law, and procedural vehicle.

6. Operational conclusions and held outcomes

The evidence-backed operating rules are:

1. Do not begin covered services until education, creditor identification, affordability work, creditor lists, execution, and copy delivery are completed.
2. Do not treat a consumer-only signature as execution.
3. Do not rely on a generic enrollment form in place of the twelve statutory clauses.
4. Do not use “N/A” to paper over clauses (c)(5), (c)(6), or (c)(11) in a noncustodial model without formal authority.
5. Do not collect most consumer fees or funds before execution.
6. Do not use an electronic process that prevents the consumer from retaining the final signed agreement.
7. Do not hide material terms in a separate inaccessible webpage when the agreement itself must include them.
8. Do not use a waiver clause to remove Article 11 rights.
9. Do not assume a contract amendment is valid merely because a platform changed the dashboard.
10. Do not equate cancellation with fee earning or a blanket fee refund.

The remaining contract architecture cannot be responsibly reduced to an unsourced sample agreement. The unresolved clauses concern core model design, not cosmetic drafting.

B. Complete clause and event matrices

B1. Required-clause versus optional-term matrix

B2. Execution matrix

B3. Event matrix

C. Source table

D. Claim table

E. Bounded workflow and agreement examples

Example E1 — Evidence-backed paper onboarding workflow

Hypothetical facts

• Covered, nonexempt Kansas CSO.
• Paper agreement.
• No fee or consumer funds collected before execution.
• No federal timing conclusion assumed.

Sequence

Plain text

1. Deliver financial-literacy education.
2. Take reasonable steps to identify all creditors.
3. Prepare and provide written all-debt financial analysis and initial budget.
4. Confirm analysis indicates consumer can reasonably meet budget.
5. Provide expected-participant and expected-nonparticipant lists.
6. Prepare final agreement in at least 12-point type with all twelve clauses.
7. Consumer signs and dates.
8. Authorized licensee representative signs and dates.
9. Give consumer completed signed copy.
10. Begin covered service.
11. Impose or receive only an independently lawful fee or payment.

Result: This sequence satisfies the identified Kansas ordering risks. Steps 1–5 preceding signature are compliance-conservative; the statute requires them before service but does not expressly require that precise internal order.

Example E2 — Consumer signs, provider does not

Facts

• Consumer signs and dates the agreement.
• Provider never signs or dates it.
• Consumer receives the consumer-signed version.
• Provider attempts to collect a generally permitted fee.

Analysis

Plain text

Consumer signature present              Yes
Licensee signature present              No
Licensee date present                   No
Completed signed copy provided          No
Agreement executed by both parties      Not established

Result: The express K.S.A. 50-1120 form conditions are not satisfied, and K.S.A. 50-1126(a) does not provide the ordinary post-execution fee pathway. This does not determine every restitution or remedy issue.

Example E3 — Noncustodial settlement agreement

Facts

• Provider negotiates creditor settlements.
• Consumer saves money in an account the consumer owns.
• Consumer pays creditors directly.
• Provider never receives creditor-payment money.
• Draft agreement places “N/A” in the consumer-to-licensee payment schedule.

Analysis

• Negotiation can fall within K.S.A. 50-1117(d)(3).
• K.S.A. 50-1120(c)(5) nevertheless requires a schedule of payments to the licensee for creditor disbursement.
• Subsection (c)(6) describes payments made by the licensee.
• No formal authority was located approving “N/A,” zero-dollar schedules, or direct-payment substitution.
• Nazar does not resolve this clause.

Result: The provider’s covered status may be established while its agreement architecture remains unresolved. PASS-05 does not approve the draft.

Example E4 — Retainable electronic execution

Facts

• Both parties agree to transact electronically.
• Consumer receives a final PDF rendered in at least 12-point type.
• PDF contains all required terms.
• Consumer e-signs and dates.
• Authorized licensee signer e-signs and dates.
• System produces a completed downloadable PDF.
• Consumer can print and store it at receipt.
• Audit evidence attributes both signatures.

Result: The electronic form can satisfy the Kansas writing, signature, date, formatting, and copy requirements, subject to actual attribution, authority, substantive accuracy, and any independently applicable federal consent requirement. This is not provider-specific approval.

Example E5 — Expiring view-only portal

Facts

• Consumer clicks “I agree.”
• Agreement is shown only in a portal.
• Portal blocks printing and downloading.
• Link expires.
• Provider later supplies a differently formatted copy.

Analysis

• UETA says a record is not capable of retention if the sender or system inhibits printing or storage.
• Such a record is not enforceable against the recipient under K.S.A. 16-1608(c).
• The consumer did not receive a retainable signed copy when the purported execution occurred.

Result: The electronic process fails the verified retention condition. Later delivery of a different version does not retroactively prove execution of the original record.

Example E6 — Electronic written rescission

Facts

• Agreement designates a specific email address for written notices.
• Parties agreed to electronic transactions.
• Consumer sends a processable rescission email.
• Email enters the designated system and can be retrieved.

Timeline

Plain text

Receipt day                            Day 0
First counted calendar day            Day 1
Tenth counted calendar day            Day 10

If Day 10 is a Saturday, Sunday, or legal holiday, the general Kansas computation rule continues the period to the next nonholiday.

Result: The ten-calendar-day clock applies to funds then held in trust for the consumer. No previous lawful fee is deducted again, no new cancellation fee is earned, and no exact dollar amount is supplied.

Example E7 — Adding a creditor

Facts

• Existing agreement lists three participating creditors.
• Consumer later asks to add another debt.
• The addition changes expected payment amounts and payoff dates.
• Provider updates only its internal dashboard.

Analysis

• Creditor identity, amounts, payment dates, and payoff dates are mandatory written terms.
• Records must include the agreement and extensions.
• Kansas supplies no complete amendment procedure.
• A dashboard change alone does not establish consumer assent or a compliant updated agreement.

Result: Operational permission is held. A written, signed amendment is compliance-conservative but not represented as a statutory safe harbor.

Example E8 — Fee change during the term

Facts

• Executed agreement itemizes one fee.
• Provider later seeks a different fee.
• No signed amendment exists.

Analysis

• Agreement must itemize consumer fees.
• Fee must be independently allowed by K.S.A. 50-1126.
• No unilateral fee-change authority was located.
• No amendment process was located.

Result: The different fee is not approved merely because it remains below a statutory ceiling. Whether a new signed agreement or amendment could validly implement it remains held.

Example E9 — Broad waiver and arbitration paragraph

Draft clause

Consumer waives all rights and remedies under Kansas law and agrees not to complain to any regulator.

Analysis

• K.S.A. 50-1121(u) prohibits attempts to cause the consumer to waive or forego rights or benefits under the Act.
• The mandatory complaint notice must remain.
• Article 11 does not establish that every arbitration clause is prohibited.
• It also does not make the quoted broad waiver valid because “arbitration” appears elsewhere in the document.

Result: The broad waiver is prohibited. PASS-05 does not decide severability, arbitration enforceability, class waiver, or whole-contract voidness.

Example E10 — Automated enrollment error

Facts

• Consumer uses automated enrollment.
• Interface gives no opportunity to review or correct.
• Consumer accidentally selects the wrong debt.
• Consumer promptly notifies provider.
• Consumer received no benefit and returns or destroys any consideration as instructed.

Result: K.S.A. 16-1610(b) may permit the consumer to avoid the erroneous electronic record if every statutory condition is met. It does not automatically rescind unaffected parts of the agreement or eliminate separate KCSOA duties.

F. Component coverage and gap table

G. Researcher self-check

Actually read or inspected in PASS-05

• Current K.S.A. 50-1116 and 50-1117 scope and definitions.
• Complete current K.S.A. 50-1120.
• Complete current K.S.A. 50-1121.
• K.S.A. 50-1122(c).
• Complete current K.S.A. 50-1123.
• K.S.A. 50-1125’s agreement and extension retention provisions.
• Complete current K.S.A. 50-1126(a)–(e).
• Current K.S.A. 50-1132.
• Relevant agreement, prohibition, report, retention, and fee pages in the official 2026 OSBC CSO compilation, with PDF page, zero-based index, and printed-page systems distinguished.
• Original 2004 New §5 agreement language needed to map Nazar’s former numbering.
• Selected procedure, facts, agreement analysis, and judgment passages in Nazar, with PDF and printed pages visually inspected.
• Current Kansas UETA definitions, scope, electronic assent, legal recognition, presentation, attribution, error, retention, automation, and receipt provisions.
• Current OLRC E-SIGN §§7001, 7002, and 7006, including stated currency through Public Law 119-120.
• Current K.S.A. 60-206 day-computation provision.
• OSBC’s current public applications/forms CSO section.
• Relevant pages and outline of the 2026 OSBC guidance compilation.
• Outline and bounded keyword searches of the 2026 administrative-interpretation compilation.
• The public NMLS checklist-compiler route, which did not expose the current Kansas CSO checklist through the available public text interface.
• Focused official-source searches for K.S.A. 50-1120 agreements, formal orders, and cases.

Preserved, not rerun

• PASS-01 classification, licensing, fee, attorney-exemption, and case limits.
• PASS-02 electronic-payment agreement predicate and federal timing corrections.
• The prior distinctions between Kansas fee permission and independently applicable federal timing.
• P1/P2 source histories and corrected OSBC page systems.
• The procedural and version limits for Hays, Williamson, and Nazar.
• The direct Kansas rules endpoint’s earlier HTTP 405 result.
• All prior examples and arithmetic.

Not read, obtained, or established

• A current provider-specific agreement.
• A current OSBC-approved model agreement.
• An agreement accepted through a private NMLS license item.
• A current complete Kansas CSO NMLS checklist.
• An unpublished OSBC examination manual, licensing condition, or private interpretation.
• A complete OSBC enforcement or consent-order docket.
• A complete Kansas and federal citator.
• A modern contested appellate decision resolving clauses (c)(5)–(6).
• A formal Kansas ruling approving “N/A,” zero-dollar payment schedules, direct consumer creditor payment, or a consumer-owned account as satisfaction of the mandatory clauses.
• An official mobile/HTML interpretation of “12-point type.”
• A provider’s e-signature platform, audit log, consent record, signed PDF, delivery log, notice system, amendment process, or signatory authority.
• A complete translation, language-access, arbitration, class-waiver, jury-waiver, choice-of-law, forum, unconscionability, severability, or provider-termination analysis.
• Full funds, trust, fee earning, bond, remedies, limitations, collection, garnishment, secured-sector, local, tribal, or seven-parent-dimension analysis.
• Any application, filing, provider lookup, contact, account change, purchase, private record, website work, publication, Chrome control, other Chat, security workaround, or CAPTCHA workaround.

Method limits

• A license was not treated as approval of an agreement.
• A fee ceiling was not treated as permission to collect under an unexecuted or defective contract.
• Search silence was not treated as proof that no order or interpretation exists.
• A portal or form title was not treated as actual form content.
• The 2004 language was not treated as current law.
• Nazar’s old subsection numbers were not silently converted into current numbers.
• Electronic form was not treated as automatic assent, signature, delivery, or retention.
• E-SIGN’s consumer-consent procedure was not treated as a universal overlay on every Kansas state-law agreement.
• Cancellation was not treated as new fee earning or as a blanket refund of all prior lawful fees.
• No sample contract language was invented to resolve the noncustodial structural gap.
• No component, Kansas dossier, parent dossier, A066, operational model, or publication-readiness acceptance is supplied.

PASS-05 conclusion

Kansas supplies a detailed and enforceable agreement checklist: pre-service education and affordability work; creditor identification and expected-participation disclosures; a written, signed, dated, 12-point agreement; a signed consumer copy; twelve mandatory contract subjects; an ongoing rescission right; post-agreement reporting; and retention of the agreement and extensions.

That clarity does not resolve every business model. A traditional custodial DMP maps naturally to the statutory language. A noncustodial settlement, consumer-owned-account, or credit-improvement-only model may still be covered, but no current public authority reviewed here explains how it can satisfy the provisions requiring payments to the licensee, payments by the licensee, and trust-account disclosure. Nazar confirms that noncustodial providers cannot ignore the agreement statute, but it does not answer that structural question.

Electronic execution is available only through a process that preserves actual assent, attribution, both signatures and dates, required formatting, signed-copy delivery, print/storage capability, record integrity, and the applicable Kansas and conditional federal electronic-record rules.

END S_KS PASS-05.