2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS AND ASSOCIATIONS (§§ 7-90-101 — 7-90-1005) › Article 90 - COLORADO CORPORATIONS AND ASSOCIATIONS ACT (§§ 7-90-101 — 7-90-1005) › Part 9 - DELINQUENCY - DISSOLUTION UPON EXPIRATION OF TERM - NOTICE TO CREDITORS BY ENFORCEMENT OF CLAIMS AGAINST DISSOLVED ENTITIES (§§ 7-90-901 — 7-90-915) › Subpart 1 - DELINQUENCY (§§ 7-90-901 — 7-90-906) › Section 7-90-904 - [Effective 8/7/2024] Cure of delinquency

(1)
(a)
An entity that has been delinquent for fewer than five years may cure its delinquency by
delivering to the secretary of state, for filing pursuant to part 3 of this article 90, a statement curing delinquency that is signed by an individual under penalty of perjury and that states:
(I)
The entity's principal office address; and
(II)
The entity's registered agent's name and address.
(b)
(Deleted by amendment, L. 2008, p. 23, § 17, effective August 5, 2008.)
(c)
An entity that has been delinquent for five years or longer may cure its delinquency by delivering to the secretary of state, for filing pursuant to part 3 of this article 90, the following documents:
(I)
A statement curing delinquency that is signed by an individual under penalty of perjury and that states:
(A)
The entity's principal office address; and
(B)
The entity's registered agent's name and address;
(II)
An affidavit attesting that the individual who signed the statement has the authority of the entity to sign for and act on behalf of the entity; and
(III)
A copy of a government-issued personal photographic identification for the individual who signed the statement and affidavit.
(2)
In lieu of curing its delinquency pursuant to subsection (1) of this section, a delinquent foreign entity may cure its delinquency by causing to be delivered to the secretary of state, for filing pursuant to part 3 of this article, a statement of foreign entity withdrawal.
(3)
A delinquent domestic entity may cure its delinquency by dissolving.
(4)
(a)
Except as provided in paragraphs (b) and (c) of this subsection (4), the entity name of an entity following the curing of its delinquency shall be the same as the entity name, determined without regard to section
7-90-601.6
, of the entity at the time the entity cures its delinquency if such entity name complies with section
7-90-601
at the time the entity cures its delinquency. If such entity name would not be distinguishable on the records of the secretary of state as contemplated in section
7-90-601
, the entity name of the entity following curing of its delinquency shall be such entity name followed by the words "delinquency cured" and the month, day, and year of the effective date of the statement curing delinquency.
(b)
In the case of a foreign entity that cures its delinquency pursuant to subsection (2) of this section, the foreign entity name of the foreign entity shall be its foreign entity name at the time it cures its delinquency, determined without regard to section
7-90-601.6
, as changed by section
7-90-601.7
.
(c)
In the case of a domestic entity that cures its delinquency pursuant to subsection (3) of this section, the domestic entity name of the domestic entity shall be its domestic entity name at the time it cures its delinquency, determined without regard to section
7-90-601.6
, as changed by section
7-90-601.5
.
Amended by 2024 Ch. 332,§ 7, eff. 8/7/2024.
L. 2005: Entire part added, p. 1213, § 20, effective October 1. L. 2006: (4)(a) amended, p. 876, § 63, effective July 1. L. 2008: (1) amended, p. 23, § 17, effective August 5. L. 2009: (4)(a) amended, (HB 09 -1248), ch. 252, p. 1134, § 18, effective May 14.
2024 Ch. 332, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.