reglab/housing_qa huggingface dataset:
CO Code § 7-30-117 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 30 - Uniform Unincorporated Nonprofit Association Act|§ 7-30-117. Effective Date

 This article shall take effect July 1, 1994.   History. Source: L. 94: Entire article added, p. 1276, § 1, effective May 22.    OFFICIAL COMMENT   This Act provides an unincorporated, nonprofit association and its members with a legal structure that conforms to the expectations of many of them. Therefore, the need by the nonprofit association for additional time to revise procedures and forms to conform to a significant change in the law is not necessary. However, this Act materially affects third parties, particularly creditors of nonprofit associations. Anecdotal evidence suggests that many creditors place little reliance on their rights against members in extending credit. If they have any reservations about the creditworthiness of a nonprofit association they obtain guarantees from creditworthy members or insist on cash. To the extent that this is true, no change in credit policies is needed and so no extra planning time is needed.   Unless a jurisdiction's usual effective date rule provides little time for affected parties to learn of a new law, it is unnecessary to extend this Act's effective date.
CO Code § 7-40-102 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 40 - Corporations Not for Profit|§ 7-40-102. Powers

 A corporation not for profit shall be a body corporate in the name stated in its certificate and may sue and be sued; make and enforce contracts in relation to its business, powers, and objects; have a seal; acquire, hold, encumber, and dispose of property, real, personal, or mixed; adopt and alter bylaws; amend its certificate of incorporation; consolidate or merge with any other corporation; have different classes of members with or without voting rights; and exercise every right and privilege necessary, incident, or appertaining to its business, objects, and purposes. Associations and societies which are intended to benefit the widows, orphans, heirs, and devisees of deceased members thereof, where the members thereof receive no money as profit or otherwise, shall not be deemed insurance companies.   History. Source: G.L. § 226. G.S. § 369. R.S. 08: § 1015. C.L. § 2381. CSA: C. 41, § 174. L. 51: P. 282, § 2. CRS 53: § 31-20-2 . C.R.S. 1963: § 31-19-2 .    ANNOTATION   Law reviews. For article, “Restrictions on Charitable Gifts in Colorado”, see 23 Rocky Mt. L. Rev. 434 (1951). For a brief comment on the 1951 amendment to this section, see 28 Dicta 174 (1951).   This section is specifically for the benefit of corporations, associations and societies, not for pecuniary profit, founded under this section; and where the association is not a corporation, association, or society so founded, it does not come within the purview of this section and can claim no benefit or exemption from it. Head Camp, Pac. Jurisdiction, Woodmen of the World v. Sloss, 49 Colo. 177 , 112 P. 49 (1910).   Hence the provisions of this section relating to nonprofit corporations not being deemed insurance companies have no application to a corporation not organized under this section or one insuring those not of the classes named herein. Head Camp, Pac. Jurisdiction, Woodmen of the World v. Sloss, 49 Colo. 177 , 112 P. 49 (1910).   Corporate powers are to be determined from statute. The powers which can be exercised by a corporation organized under a special statute are to be determined from the provisions of the legislative act and not from the company's charter, for it is a mere creature of the act to which it owes its existence and it derives all of its powers therefrom. Int'l Serv. Union Co. v. People ex rel. Wettengel, 101 Colo. 1 , 70 P.2d 431 (1937).   Prohibiting life insurance companies organized on the mutual assessment plan from doing business in the state does not effect this section. Int'l Serv. Union Co. v. People ex rel. Wettengel 101 Colo. 1 , 70 P.2d 431 (1937).
CO Code § 7-40-103 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 40 - Corporations Not for Profit|§ 7-40-103. Contents of Certificate or Bylaws

  The certificate of incorporation or bylaws of the corporation shall provide:   The number and term of office of trustees, directors, or managers of the corporation and the manner of their selection or election;    The officers of the corporation and their term of office and the manner of their designation or selection;    The kinds and classes of members and the rights and privileges of each; and    The authority under which conveyance or encumbrance of all or any part of the corporate property may be made, and the persons who are authorized to execute the instruments of conveyance or encumbrance; and, if not contained in the certificate of incorporation or any amendment thereof, a certified copy of this authority shall be recorded in each county in which the corporation owns real estate.        History. Source: G.L. § 227. G.S. § 370. R.S. 08: § 1016. C.L. § 2382. CSA: C. 41, § 175. L. 51: P. 283, § 3. CRS 53: § 31-20-3 . C.R.S. 1963: § 31-19-3 . L. 2003: (1)(d) amended, p. 2203, § 5, effective July 1, 2004.    ANNOTATION   Law reviews. For a brief comment on the 1951 amendment to this section, see 28 Dicta 174 (1951).   Nonprofit corporation may sell assets and dissolve by majority vote. Since statutes requiring vote of two-thirds of outstanding authorized voting shares to sell corporation's assets and to adopt resolution of dissolution do not apply to nonprofit corporation, determination of these issues by simple majority vote is valid if in accordance with bylaws of nonprofit corporation. Morris Alpert & Sons v. Kahler, 31 Colo. App. 345, 502 P.2d 98 (1972).
CO Code § 7-40-104 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 40 - Corporations Not for Profit|§ 7-40-104. Additional Powers - Indemnification - Liability

  The certificate of incorporation or the bylaws of the corporation may provide the authority for the amendment of the certificate of incorporation or the bylaws, for the merging or consolidation of the corporation with another corporation, and for the exercising of any corporate function, power, right, duty, or privilege.      The certificate of incorporation or the bylaws of the corporation may set forth a provision limiting or eliminating the personal liability of directors to the same extent and in the same manner as is provided for cooperative associations in section 7-55-107 (1)(h).    Any such corporation shall have the same powers, rights, and obligations and shall be subject to the same limitations as those that apply to domestic corporations, as set forth in article 109 of this title 7. Corporation directors, officers, employees, and agents shall have the same rights as directors, officers, employees, and agents, respectively, of domestic corporations, as set forth in article 109 of this title 7. Corporation directors and officers shall have the benefit of the same limitations on personal liability for any injury to person or property arising out of a tort, as set forth in section 7-108-403, for directors and officers, respectively, of domestic corporations. Any reference in said sections to shareholders shall be construed to refer to voting members or voting stockholders, if any, for the purpose of this section.         History. Source: L. 51: P. 283, § 4. CSA: C. 41, § 175(1). CRS 53: § 31-20-4 . C.R.S. 1963: § 31-19-4 . L. 88: Entire section amended, p. 405, § 3, effective May 17. L. 93: (2)(b) amended, p. 855, § 7, effective July 1, 1994. L. 2003: (2)(b) amended, p. 2204, § 6, effective July 1, 2004. L. 2019: (2)(b) amended,(SB 19-086), ch. 166, p. 1964, § 62, effective July 1, 2020.    ANNOTATION   Law reviews. For a brief comment on the act which inserted this section, see 28 Dicta 174 (1951).   Nonprofit corporation may sell assets and dissolve by majority vote. Since statutes requiring vote of two-thirds of outstanding authorized voting shares to sell corporation's assets and to adopt resolution of dissolution do not apply to nonprofit corporation, determination of these issues by simple majority vote is valid, if in accordance with bylaws of nonprofit corporation. Morris Alpert & Sons v. Kahler, 31 Colo. App. 345, 502 P.2d 98 (1972).
CO Code § 7-40-105 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 40 - Corporations Not for Profit|§ 7-40-105. Amendments - Where Filed - Fees

     All amendments to the certificate of incorporation shall be filed in the office of the secretary of state of Colorado and recorded in the office of the recorder of each county in which said corporation owns real estate in the state of Colorado. The department of revenue shall collect a fee of five dollars for the filing of each amendment.    Notwithstanding the amount specified for the fee in paragraph (a) of this subsection (1), the executive director of the department of revenue by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.       If a true copy of the certificate of incorporation of the corporation or any amendment to the certificate is presented to the secretary of state with a request that the same be certified, the secretary of state shall certify the same for a fee that shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., which certificate or amendment shall contain, in addition to the usual statement, a statement that the same is a true copy of the original certificate or amendment, as the case may be, on file in the records of the secretary of state and a statement as to the date of filing of the original certificate or amendment.     History. Source: L. 51: P. 283, § 4. CSA: C. 41, § 175(2). CRS 53: § 31-20-5 . C.R.S. 1963: § 31-19-5 . L. 83: (2) amended, p. 869, § 19, effective July 1. L. 98: (1) amended, p. 1321, § 15, effective June 1. L. 2003: (2) amended, p. 2204, § 7, effective July 1, 2004. L. 2004: (2) amended, p. 1399, § 2, effective July 1.    ANNOTATION   Law reviews. For a brief comment on the act which inserted this section, see 28 Dicta 174 (1951).
CO Code § 7-40-106 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 40 - Corporations Not for Profit|§ 7-40-106. Associations Which Can Be Formed

 Religious, educational, benevolent, charitable, and other nonprofit associations may incorporate under the provisions of this article or any other applicable law authorizing such incorporation.   History. Source: L. 51: P. 284, § 4. CSA: C. 41, § 175(3). CRS 53: § 31-20-6 . C.R.S. 1963: § 31-19-6 .    ANNOTATION   Law reviews. For a brief comment on the act which inserted this section, see 28 Dicta 174 (1951).
CO Code § 7-40-107 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 40 - Corporations Not for Profit|§ 7-40-107. Dividend Only on Dissolution

 No dividend or distribution of the property of any such corporation, association, or society shall be made until all debts are fully paid and then only upon its final dissolution and surrender of organization and name, nor shall any distribution be made except by a vote of a majority of the members. When a distribution of any of their property is contemplated, the directors, trustees, or managers shall file a statement, under oath, in the office of the recorder of deeds in the county in which the business office is located that all debts of the corporation, association, or society are paid, and, in case a distribution is made before filing this statement under oath or if the statement is willfully false, said directors, trustees, or managers shall be jointly and severally liable for the debts of such corporation, association, or society. When a final dissolution of any such corporation, association, or society, formed by virtue of law, has been agreed upon, the directors, trustees, or managers shall file, in the office of the secretary of state, a certificate thereof under seal of the corporation, association, or society, and upon filing this certificate the organization shall cease to exist.   History. Source: G.L. § 228. G.S. § 371. R.S. 08: § 1017. C.L. § 2383. CSA: C. 41, § 176. CRS 53: § 31-20-7 . C.R.S. 1963: § 31-19-7 . L. 2003: Entire section amended, p. 2204, § 8, effective July 1, 2004.    ANNOTATION   An insurance company is in violation of this section when it issues certificates to its members entitling them to cash payments from a reserve or profit fund. Int'l Serv. Union Co. v. People ex rel. Wettengel, 101 Colo. 1 , 70 P.2d 431 (1937).   A complaint alleging that a terminated member of a nonprofit corporation had demanded an accounting and the right to inspect the books of the corporation to determine the member's fair share of the assets upon dissolution, which rights had been denied, is sufficient as against a motion to dismiss for failure to state a claim; inasmuch as a member of a nonprofit corporation has the right to inspect the books and records of the corporation, and a member of a nonprofit corporation is entitled to be informed concerning the business activities conducted by the corporation. Bill Reno, Inc. v. Rocky Mt. Ford Dealers' Adv. Ass'n, 151 Colo. 406 , 378 P.2d 206 (1963).
CO Code § 7-42-102 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 42 - Ditch and Reservoir Companies|§ 7-42-102. Work After Organization

  Any corporation formed under the provisions of law for the purpose of constructing any ditch, flume, bridge, ferry, or telegraph line, within ninety days from the effective date of its articles of incorporation, shall commence work on such ditch, flume, bridge, ferry, or telegraph line, as shall be named in the articles, and shall complete the work with due diligence. The time of the completion of any such ditch, bridge, ferry, or telegraph line shall not be extended beyond a period of two years from the time work was commenced.    Any corporation failing to commence work within ninety days after the effective date of the articles of incorporation, or failing to complete the same within two years after the time of commencement, shall forfeit all right to the water so claimed, and the same shall be subject to be claimed by any other company. The time for the completion of any flume constructed under the provisions of law shall not be extended beyond a period of four years.    This section shall not apply to any ditch or flume for mining or other purposes constructed through and upon any grounds owned by the corporation. Any company formed to construct a ditch for domestic, agricultural, irrigating, milling, and manufacturing purposes or any of them shall have three years from the time of commencing work thereon within which to complete the same but no longer.     History. Source: G.L. § 296. G.S. § 314. R.S. 08: § 989. C.L. § 2354. CSA: C. 41, § 142. CRS 53: § 31-14-2 . C.R.S. 1963: § 31-14-2 . L. 2008: (1) and (2) amended, p. 22, § 11, effective August 5.    ANNOTATION   Limitation for lack of due diligence. Whether a court limits a priority decree because of this section or whether upon general principles it holds that due diligence in the prosecution of the work was not observed is quite immaterial. Water Supply & Storage Co. v. Tenney, 24 Colo. 344 , 51 P. 505 (1897).   Decree limiting priorities by court of proper jurisdiction may not be collaterally attacked. Under this section, a decree limiting the priorities of a ditch to the completion of the work pronounced by a court having jurisdiction of the subject matter, of the person, and to enter the particular judgment, which is not appealed from, cannot collaterally be attacked and set aside, even though an erroneous conclusion was reached. Water Supply & Storage Co. v. Tenney, 24 Colo. 344 , 51 P. 505 (1897).   Applied in Jacobucci v. District Court, 189 Colo. 380 , 541 P.2d 667 (1975).
CO Code § 7-42-105 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 42 - Ditch and Reservoir Companies|§ 7-42-105. Right to Purchase Own Stock

  It is lawful for any corporation owning any ditch or canal for conveying or reservoir for storing water for irrigation purposes for its stockholders to purchase and acquire any of its outstanding capital stock, but no purchase of or payment for its own shares shall be made at a time when the purchase or payment would make it insolvent.    Any sale, exchange, lease, or other disposition of any part or all of the business, assets, property, or franchise of any such corporation to any conservancy district, irrigation district, or to the United States or any agency of the United States shall be deemed to be in the usual course of the corporation's business.     History. Source: L. 21: P. 212, § 1. C.L. § 2357. CSA: C. 41, § 145. CRS 53: § 31-14-5 . C.R.S. 1963: § 31-14-5 . L. 67: P. 312, § 1.    ANNOTATION   Corporation may validly purchase own shares in settling assessment dispute. Where, in settlement of an assessment dispute, a corporation accepts cash and the surrender of a stockholder's shares, such a transaction, properly carried out, is a valid purchase by the corporation of its own shares. Guadalupe Main Ditch Co. v. Mannassa Land & Irrigation Co., 104 Colo. 380 , 91 P.2d 497 (1939).
CO Code § 7-42-106 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 42 - Ditch and Reservoir Companies|§ 7-42-106. Assessments to Pay Purchase Price

 When any such stock has been purchased or contract entered into for the purchase of the same, the corporation shall have the power to use its funds and to levy and collect assessments on the remaining outstanding capital stock in the manner provided by law for the payment of any other indebtedness, for the purpose of paying the purchase price of the stock so purchased.   History. Source: L. 21: P. 212, § 2. C.L. § 2358. CSA: C. 41, § 146. CRS 53: § 31-14-6 . C.R.S. 1963: § 31-14-6 .    ANNOTATION   Law reviews. For article, “Curative Statutes of Colorado Respecting Titles to Real Estate”, see 26 Dicta 321 (1949).
CO Code § 7-42-109 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 42 - Ditch and Reservoir Companies|§ 7-42-109. Penalty for Damage

 [ ] Any person who willfully or maliciously damages or interferes with any road, ditch, flume, bridge, ferry, railroad, or telegraph line or any of the fixtures, tools, implements, appurtenances, or property of any corporation that is formed under the provisions of law is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. Any such fine shall be paid into the county treasury, and the offender shall also pay all damages that any such corporation sustains, together with costs of suit.  Editor's note: This version of this section is effective until March 1, 2022.  History. Source: G.L. § 297. G.S. § 315. R.S. 08: § 994. C.L. § 2361. CSA: C. 41, § 149. CRS 53: § 31-14-9 . C.R.S. 1963: § 31-14-9 . L. 2003: Entire section amended, p. 2206, § 16, effective July 1, 2004. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3136, § 70, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.   Cross references:   For the penalty for damaging a ditch or flume, see § 37-89-101 .
CO Code § 7-42-109 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 42 - Ditch and Reservoir Companies|§ 7-42-109. Penalty for Damage

 [ ] Any person who willfully or maliciously damages or interferes with any road, ditch, flume, bridge, ferry, railroad, or telegraph line or any of the fixtures, tools, implements, appurtenances, or property of any corporation that is formed under the provisions of law commits a class 2 misdemeanor. Any such fine shall be paid into the county treasury, and the offender shall also pay all damages that any such corporation sustains, together with costs of suit.  Editor's note: This version of this section is effective March 1, 2022.  History. Source: G.L. § 297. G.S. § 315. R.S. 08: § 994. C.L. § 2361. CSA: C. 41, § 149. CRS 53: § 31-14-9 . C.R.S. 1963: § 31-14-9 . L. 2003: Entire section amended, p. 2206, § 16, effective July 1, 2004. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3136, § 70, effective March 1, 2022.
CO Code § 7-42-111 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 42 - Ditch and Reservoir Companies|§ 7-42-111. Extension of Term

 When the term of years for which any corporation has been incorporated as a ditch company for the purpose of carrying water for irrigation purposes or as a reservoir company for the storage of water for irrigation purposes has expired or is about to expire by lawful limitation, and such corporation has not been administered upon as an expired corporation or gone into liquidation and settlement and division of its affairs, it may have its term of incorporation extended and continued the same as if originally incorporated, as provided in section 7-42-112 .   History. Source: L. 1891: P. 96, § 1. R.S. 08: § 996. C.L. § 2363. CSA: C. 41, § 151. CRS 53: § 31-14-11 . C.R.S. 1963: § 31-14-11 .
CO Code § 7-42-113 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 42 - Ditch and Reservoir Companies|§ 7-42-113. Duplicate Certificate Issued - When

 Any owner of capital stock, as shown by the records of a corporation formed under the law of this state, entitling the stockholder to the services of a ditch or to the use of water subject to the payment of assessments, the legal representative or assignee of any such stockholder, or any lienholder named in the books of the corporation as a lienholder on the lost certificate, whose stock certificate has been lost, mislaid, or destroyed, may have a duplicate certificate issued in accordance with sections 7-42-114 to 7-42-117 .   History. Source: L. 51: P. 278, § 1. CSA: C. 41, § 152(1). CRS 53: § 31-14-13 . C.R.S. 1963: § 31-14-13 . L. 2003: Entire section amended, p. 2207, § 18, effective July 1, 2004. L. 2012: Entire section amended, (HB 12-1010), ch. 12, p. 30, § 1, effective August 8.
CO Code § 7-42-114 (2021)
2021 Colorado Code|Title 7 - Corporations and Associations|Article 42 - Ditch and Reservoir Companies|§ 7-42-114. Statement of Loss

 If a certificate of capital stock has been lost, mislaid, or destroyed, and the stockholder, legal representative, or assignee has paid all assessments levied by the corporation against the stock, the stockholder, the stockholder's legal representative or assignee, and any lienholder named in the books of the corporation as a lienholder on the lost certificate may file with the secretary of the corporation a statement under oath that the certificate of stock has been lost, mislaid, or destroyed and that the certificate is the property of the person making the statement and has not been transferred or hypothecated by the stockholder, and demand the issuance of a duplicate certificate in accordance with this section and sections 7-42-115 to 7-42-117 .   History. Source: L. 51: P. 278, § 2. CSA: C. 41, § 152(2). CRS 53: § 31-14-14 . C.R.S. 1963: § 31-14-14 . L. 2004: Entire section amended, p. 1402, § 10, effective July 1. L. 2012: Entire section amended, (HB 12-1010), ch. 12, p. 30, § 2, effective August 8.