CO Code § 11-42-109 (2021)
2021 Colorado Code|Title 11 - Financial Institutions|Article 42 - Shares and Stock|§ 11-42-109. Sale of Delinquent Stock

  If any stockholder refuses or neglects to pay the assessment specified in such notice within sixty days from the date of mailing, the directors of such association shall have the right to sell to the highest bidder at public auction any part or all of the stock necessary to pay the assessment of such stockholder, after giving a previous notice of such sale for ten days in a newspaper of general circulation published in the county where the principal office of such association in this state is located, and a copy of such notice of sale shall also be served on such stockholder by mailing a copy of the notice to his last known address ten days before the day fixed for such sale, or such stock may be sold at a private sale and without public notice; but, before making such private sale thereof, an offer in writing shall first be obtained and a copy thereof served upon the owner of record of the stock to be sold by mailing a copy of such offer to his last known address, and, if, after service of such offer, such owner still refuses or neglects to pay such assessment within thirty days from the time of the service of such offer, the directors may accept the offer and sell such stock to the person making such offer or to any other person making a larger offer than the amount named in the offer submitted to the stockholder, but such stock in no event shall be sold for less than the amount of such assessment so called for and the expense of the sale.    Out of the proceeds of the stock sold, the directors shall pay the amount of assessment levied thereon and the necessary cost of sale, and the balance, if any, shall be paid to the person whose stock has been sold. A sale of stock as provided in this section shall effect an absolute cancellation of the outstanding certificate evidencing the stock sold and shall make the same null and void, and a new certificate shall be issued by the association to the purchaser thereof.     History. Source: L. 33: P. 317, § 1. CSA: C. 25, § 25. L. 43: P. 204, § 5. L. 51: P. 212, § 2. CRS 53: § 122-3-9. C.R.S. 1963: § 122-3-9. History. Source: L. 33: P. 317, § 1. CSA: C. 25, § 25. L. 43: P. 204, § 5. L. 51: P. 212, § 2. CRS 53: § 122-3-9. C.R.S. 1963: § 122-3-9.    ANNOTATION   Shares may be sold of stockholder who refuses to pay assessment. Where a stockholder refuses to pay an assessment properly levied under this statute, the corporation can sell some of that stockholder's shares in order to raise the amount of the assessment. Equity Sav. & Loan Ass'n v. Great W. Mtgs., Inc., 31 Colo. App. 178, 501 P.2d 483 (1972).   Issue of directors' negligence cannot be used as a defense to an assessment. The fact, if it be a fact, that the board of directors was negligent or acted improperly in causing the corporation to be in an impaired capital position did not constitute a basis for stopping the sale of stock of those stockholders who refused to pay the stock assessment, where the issue was not before the court, but rather is an issue which would be the basis of a separate independent action. Equity Sav. & Loan Ass'n v. Great W. Mtgs., Inc., 31 Colo. App. 178, 501 P.2d 483 (1972).