reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 70 - TRADEMARKS (§§ 7-70-101 — 7-70-109) › Section 7-70-106 - Statement of transfer of trademark registration

(1)
Following the transfer of a trademark to another person by the registrant or by operation of law, the registrant or the transferee may deliver to the secretary of state, for filing pursuant to part 3 of article
90
of this title, a statement of transfer of trademark registration.
(2)
A statement of transfer of trademark registration shall:
(a)
State the true name of the registrant prior to the transfer;
(b)
State the true name of the transferee;
(c)
If the transferee is an entity, state the form of entity and the jurisdiction under the law of which it is formed;
(d)
If the transferee is an individual, state the individual's principal address;
(e)
If the transferee is an entity other than a reporting entity, state the entity's principal address;
(f)
If the transferee is neither an individual resident of this state nor an entity that is required to maintain a registered agent pursuant to part 7 of article
90
of this title, state either:
(I)
If the transferee desires to appoint a registered agent pursuant to section
7-70-108
, the registered agent name, the registered agent address, and a statement that the person appointed as the registered agent for the registrant has consented to being so appointed; or
(II)
The mailing address to which service of process in any action relating to the statement of trademark registration may be mailed pursuant to section
7-70-108
;
(g)
Identify the statement of trademark registration in a manner satisfactory to the secretary of state;
(h)
State that the registrant has transferred to the transferee, or that the transferee has by operation of law succeeded to, the rights to the trademark, including all associated goodwill, to which the statement of trademark registration pertains; and
(i)
Include such other information as the secretary of state may require.
(3)
The filing of, or the failure to file, a statement of transfer of trademark registration shall not affect the validity or effectiveness of the underlying transfer of the trademark.
L. 2006: Entire article R&RE, p. 114, § 1, effective 5/29/2007. L. 2007: (2)(d) and (2)(e) amended, p. 225, § 13, effective May 29.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 70 - TRADEMARKS (§§ 7-70-101 — 7-70-109) › Section 7-70-107 - Judicial cancellation of statement of trademark registration

(1)
A statement of trademark registration or any document affecting a statement of trademark registration filed by the secretary of state may be canceled in a proceeding in a court of competent jurisdiction if it is established:
(a)
By a person that a statement of trademark registration, or any document affecting a statement of trademark registration, filed by the secretary of state in the name of the person, was not duly authorized by the person or was filed without the person's knowledge or consent; or
(b)
By a person who is harmed by a statement of trademark registration, or any document affecting a statement of trademark registration, that it was delivered for filing by a person other than the person who is harmed and contains a material misstatement, was delivered for filing in bad faith, or is fraudulent.
(2)
(a)
If it is determined in the proceeding that one or more grounds for cancellation described in subsection (1) of this section exist, an order shall be issued canceling the statement of trademark registration or any other document filed by the secretary of state affecting the statement of trademark registration. Upon issuance of such order, the person requesting cancellation may deliver a certified copy of the order to the secretary of state for filing pursuant to part 3 of article
90
of this title.
(b)
Upon good cause shown, it may also be ordered that after cancellation, the filed statement of trademark registration or the filed document affecting the statement of trademark registration be removed from the publicly accessible records of the secretary of state. In such a case the secretary of state may retain the original or a copy of the filed statement of trademark registration or the filed document affecting the statement of trademark registration, but such original or copy shall not be opened for inspection, and copies or printouts of the filed statement of trademark registration or the filed document affecting the statement of trademark registration shall not be furnished, except upon application to the secretary of state and only for good cause shown, notwithstanding any provision of part 2 of article
72
of title
24
, C.R.S., or any other provision of law.
(3)
This section does not provide the only grounds for cancellation of a statement of trademark registration or any document affecting a statement of trademark registration filed by the secretary of state, and any court of competent jurisdiction may order the cancellation of a statement of trademark registration or any document affecting a statement of trademark registration filed by the secretary of state when the court determines that such cancellation is appropriate relief in any action.
(4)
In any proceeding under this section, the court, in exceptional cases, may award reasonable attorney fees to the prevailing party.
L. 2006: Entire article R&RE, p. 115, § 1, effective 5/29/2007.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 70 - TRADEMARKS (§§ 7-70-101 — 7-70-109) › Section 7-70-109 - Statements of trademark registration filed prior to May 29, 2007

(1)
A statement of trademark registration that was filed in accordance with this article prior to May 29, 2007, and that is on file in the records of the secretary of state as of May 28, 2007, shall be deemed to have been filed pursuant to and in accordance with this article as repealed and reenacted and shall have the same effect as if filed pursuant to this article as repealed and reenacted. Each such statement of trademark registration shall remain effective until the expiration date for the statement of trademark registration under this article prior to its repeal and reenactment.
(2)
Repeal and reenactment of this article shall not affect any actions or causes of action that have accrued under this article before its repeal and reenactment.
L. 2006: Entire article R&RE, p. 118, § 1, effective 5/29/2007.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 71 - TRADE NAMES (§§ 7-71-101 — 7-71-112) › Section 7-71-101 - Statement of trade name required

Except as otherwise provided in section
7-71-107
, a person shall not transact business in this state under a name other than the true name of the person or, in the case of a general partnership that is not a limited liability partnership, under a name other than the true name of each general partner of the general partnership, except in compliance with this article and not unless an effective statement of trade name is on file in the records of the secretary of state.
L. 2004: Entire article R&RE, p. 1538, § 1, effective 5/30/2006.
This section is similar to former § 7-71-101(1) as it existed in prior to 2006.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 71 - TRADE NAMES (§§ 7-71-101 — 7-71-112) › Section 7-71-102 - Consequences for failure to have effective statement of trade name filed

(1)
No person transacting business in this state under a name in violation of section
7-71-101
, nor anyone on its behalf, shall be permitted to maintain a proceeding in any court in this state for the collection of a debt from another with whom or with which the person transacted business in violation of section
7-71-101
until an effective statement of trade name for such name is on file in the records of the secretary of state in accordance with this article.
(2)
A person that transacts business in this state under a name in violation of section
7-71-101
shall be subject to a civil penalty not to exceed five hundred dollars. The civil penalty may be recovered in an action brought by the attorney general in the district court in and for the city and county of Denver and shall be transmitted to the state treasurer, who shall credit it to the general fund. Upon a finding by the court that a person, or any of its members, managers, or agents on its behalf, has transacted business in this state under a name in violation of section
7-71-101
, the court may issue, in addition to or in lieu of the imposition of a civil penalty, an injunction restraining the further transaction of business in this state by the person and such members, managers, and agents under such name until the person has complied with the provisions of this article.
(3)
Notwithstanding subsection (1) of this section, transacting business in this state by a person under a name in violation of section
7-71-101
does not impair the validity of the acts of the person at any time taken, affect title to any property or interest in property owned by the person, or prevent the person from defending any proceeding in this state at any time.
L. 2004: Entire article R&RE, p. 1538, § 1, effective 5/30/2006.
This section is similar to former § 7-71-102 as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 71 - TRADE NAMES (§§ 7-71-101 — 7-71-112) › Section 7-71-103 - Statement of trade name

(1)
A person may deliver to the secretary of state, for filing pursuant to part 3 of article
90
of this title, a statement of trade name for any name other than the true name of the person or, in the case of a general partnership that is not a limited liability partnership, other than the true name of each general partner of the general partnership, under which the person transacts business, or contemplates transacting business, in this state. A statement of trade name shall state:
(a)
The true name of the person or, in the case of a general partnership that is not a limited liability partnership, the true name of at least one general partner of the general partnership;
(b)
If the person is an entity, the form of entity and the jurisdiction under the law of which it is formed;
(c)
If the person is not a reporting entity, the person's principal address;
(d)
The name, other than the true name of the person, or, in the case of a general partnership that is not a limited liability partnership, other than the true name of each general partner of the general partnership, under which the person transacts business, or contemplates transacting business, in this state;
(e)
A brief description of the kind of business transacted, or contemplated to be transacted, in this state under the name; and
(f)
Such other information as the secretary of state may require.
L. 2004: Entire article R&RE, p. 1539, § 1, effective 5/30/2006. L. 2007: (1)(c) amended, p. 226, § 15, effective May 29.
This section is similar to former § 7-71-101 (2) as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 71 - TRADE NAMES (§§ 7-71-101 — 7-71-112) › Section 7-71-104 - Effect of filing a statement of trade name

(1)
(a)
A filed statement of trade name shall become effective as provided in section
7-90-304
, and, unless the statement of trade name is withdrawn in accordance with section
7-71-106
, for reporting entities shall remain effective in perpetuity, subject to the provisions of paragraphs (b) and (c) of this subsection (1), and for persons other than reporting entities shall remain effective only through the last day of the twelfth calendar month following the calendar month in which the statement of trade name becomes effective, unless it is renewed in accordance with section
7-71-105
.
(b)
A filed statement of trade name of a delinquent entity shall remain effective only through the last day of the twelfth calendar month following the calendar month of the effective date of delinquency under section
7-90-902 (1)
, unless it is renewed in accordance with section
7-71-105
; except that this paragraph (b) shall not apply to a filed statement of trade name of a delinquent entity that cures its delinquency pursuant to section
7-90-904 (1)
while such filed statement of trade name is effective.
(c)
A filed statement of trade name of a dissolved reporting entity shall remain effective only through the last day of the twelfth calendar month following the calendar month of the effective date of dissolution of the entity, unless it is renewed in accordance with section
7-71-105
; except that this paragraph (c) shall not apply to a filed statement of trade name of a dissolved entity that is reinstated while such filed statement of trade name is effective.
(2)
A person having an effective statement of trade name on file in the records of the secretary of state shall be liable in connection with the business transacted in this state by the person under the trade name stated in the statement of trade name to the same extent and in the same manner as if the business were transacted under its true name.
(3)
A person having an effective statement of trade name on file in the records of the secretary of state at the time an action is brought by another person may be sued under the trade name stated in the statement of trade name in connection with any business transacted by the person in this state under the trade name with the person bringing the action.
L. 2004: Entire article R&RE, p. 1540, § 1, effective 5/30/2006. L. 2006: (1) amended, p. 852, § 14, effective May 30. L. 2010: (1)(b) amended, (HB 10 -1403), ch. 404, p. 1994, § 8, effective August 11.
This section is similar to former § 7-71-101 (4) as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 71 - TRADE NAMES (§§ 7-71-101 — 7-71-112) › Section 7-71-105 - Renewal of statement of trade name

(1)
A person other than a reporting entity having an effective statement of trade name on file in the records of the secretary of state may renew the statement of trade name by delivering to the secretary of state, for filing pursuant to part 3 of article
90
of this title, a statement of trade name renewal at any time during the last three calendar months the statement of trade name is effective. A filed statement of trade name renewal extends, by one calendar year, the period during which the statement of trade name to which it relates is effective. A statement of trade name renewal shall state, with respect to the statement of trade name to be renewed:
(a)
The true name of the person, or, in the case of a general partnership that is not a limited liability partnership, the true name of at least one general partner of the partnership;
(b)
The name under which the person transacts business in this state, as stated in the statement of trade name;
(c)
The person's principal address;
(c.5)
A brief description of the kind of business transacted, or contemplated to be transacted, in this state under the name; and
(d)
Such other information as the secretary of state may require.
(1.5)
No statement of trade name renewal shall state a delayed effective date.
(2)
Repealed.
L. 2004: Entire article R&RE, p. 1540, § 1, effective 5/30/2006. L. 2006: (1)(a) and (1)(c) amended and (1.5) added, p. 853, § 15, effective May 30. L. 2009: IP(1) and (1)(c) amended and (1)(c.5) added, (HB 09 -1248), ch. 252, p. 1132, § 12, effective May 14. L. 2010: (2) repealed, (HB 10 -1403), ch. 404, p. 1995, § 11, effective August 11.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 71 - TRADE NAMES (§§ 7-71-101 — 7-71-112) › Section 7-71-106 - Withdrawal of statement of trade name

(1)
A person having a statement of trade name on file in the records of the secretary of state may withdraw the statement of trade name by delivering to the secretary of state, for filing pursuant to part 3 of article
90
of this title, a statement of trade name withdrawal stating:
(a)
The true name of the person;
(b)
The trade name with respect to which the statement of trade name withdrawal relates;
(c)
That the person will no longer transact business in this state under the trade name; and
(d)
That the statement of trade name is withdrawn upon the filing of the statement of trade name withdrawal.
(2)
Upon the filing of the statement of trade name withdrawal, the statement of trade name to which it relates shall no longer be effective.
L. 2004: Entire article R&RE, p. 1541, § 1, effective 5/30/2006.
This section is similar to former § 7-71-101 (8) as it existed prior to 2006.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 71 - TRADE NAMES (§§ 7-71-101 — 7-71-112) › Section 7-71-107 - Nonprofit entities

(1)
A nonprofit entity for which a constituent filed document is in the records of the secretary of state may, but shall not be required to, deliver to the secretary of state, for filing pursuant to part 3 of article
90
of this title, a statement of trade name for any name other than its true name under which the nonprofit entity transacts business or conducts activities, or contemplates transacting business or conducting activities, in this state. This article, other than section
7-71-102
, shall apply to the statement of trade name and any other statement filed in connection therewith and to the trade name.
(2)
Any member of a nonprofit entity for which a constituent filed document is not in the records of the secretary of state may, but shall not be required to, deliver to the secretary of state, for filing pursuant to part 3 of article
90
of this title, a statement of trade name for any name other than the true name of all of its members under which the nonprofit entity transacts business or conducts activities, or contemplates transacting business or conducting activities, in this state. This article, other than section
7-71-102
, shall apply to any such statement of trade name and any other statement filed in connection therewith and to any trade name stated in any such statement of trade name.
(3)
As to any statement of trade name filed pursuant to this section and any other statement filed in connection with the filing, any reference in this article or in such statement to the phrase "transact business", or its derivatives or variants, shall include "conduct activities".
L. 2004: Entire article R&RE, p. 1541, § 1, effective 5/30/2006. L. 2006: (1) and (2) amended, p. 853, § 16, effective May 30.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 71 - TRADE NAMES (§§ 7-71-101 — 7-71-112) › Section 7-71-108 - Recording of trade name affidavit

(1)
An affidavit stating that a person may hold title to real property in this state under one or more trade names may be recorded in the office of the clerk and recorder of any county in this state in which the person owns, or contemplates owning, any real property or interest in real property and, upon such recording, shall constitute prima facie evidence of the facts recited in the affidavit insofar as such facts affect title to real property located in such county. The affidavit shall include the following:
(a)
The true name of the person to which the affidavit relates;
(b)
If the person is an entity, the form of entity and the jurisdiction under the law of which it is formed;
(c)
If the person is an individual, the street address of the individual's primary residence or usual place of business in this state if the individual has one, or outside this state if the individual has no primary residence or usual place of business in this state, and, if different, the mailing address of the individual or, if the person is an entity, the street address of the entity's usual place of business in this state if it has one, or outside this state if it has no usual place of business in this state and, if different, the mailing address of the entity; and
(d)
The trade name or trade names under which the person may hold title to real property in this state.
(2)
If the person to which the affidavit relates is not an individual and is capable of holding title to real property under the law of this state, the affidavit also shall be a statement of authority under section
38-30-172
, C.R.S., with the effect of a statement of authority as provided in such section, if the affidavit also contains the following:
(a)
The true name or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the person to which the affidavit relates; and
(b)
Any limitation that may exist upon the authority of the person named in the affidavit or holding the position described in the affidavit to bind the person to which the affidavit relates or a statement that no such limitation exists.
L. 2004: Entire article R&RE, p. 1542, § 1, effective 5/30/2006.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 71 - TRADE NAMES (§§ 7-71-101 — 7-71-112) › Section 7-71-109 - Trade names registered with the department of revenue

(1)
Public records of the registration of trade names with the department of revenue pursuant to section
24-35-301
, C.R.S., prior to its repeal, as to which the registration is in effect on May 29, 2006, shall be transferred to the secretary of state. On and after May 30, 2006, each such trade name shall be deemed a trade name for which a statement of trade name is on file in the records of the secretary of state. The statement of trade name deemed filed for each such trade name shall be effective until the date determined by the secretary of state, which date shall not be earlier than December 31, 2007. Applications to register, modify, delete, or renew trade names that are filed with the department of revenue on or before May 29, 2006, but not part of the public records transferred to the secretary of state pursuant to this subsection (1), shall be transmitted by the department of revenue to the secretary of state, together with any fee paid for the applications. Each such application shall be deemed delivered to the secretary of state, for filing pursuant to part 3 of article
90
of this title, by the person on whose behalf the application was made and shall in all respects be subject to part 3 of article
90
of this title. After filing by the secretary of state, each such application shall be deemed effective for purposes of this article and section
7-90-304
, as of May 30, 2006.
(2)
Fees that have been collected by the department of revenue for registration, modification, deletion, and renewal of registration of trade names that are part of the public records transferred to the secretary of state pursuant to subsection (1) of this section shall be remitted to the state treasury pursuant to section
24-35-301 (3)
, C.R.S., as such section existed prior to its repeal.
L. 2004: Entire article R&RE, p. 1542, § 1, effective 5/30/2006.
For registration of trade names as it existed prior to its repeal in 2006, see part 3 of article 35 of title 24 , C.R.S., in the 2005 Colorado Revised Statutes.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 71 - TRADE NAMES (§§ 7-71-101 — 7-71-112) › Section 7-71-110 - Existing trade names on file in the records of the secretary of state

Certificates or statements of trade name filed in accordance with this article as in effect before May 30, 2006, that are on file in the records of the secretary of state as of May 29, 2006, shall be effective statements of trade name and shall be deemed to have been filed pursuant to and in accordance with this article. Each of such statements of trade name shall remain effective as provided in section
7-71-104 (1)
; except that any such statement of trade name for a trade name of a person other than a reporting entity shall remain effective until the date determined by the secretary of state, which date shall not be earlier than December 31, 2007.
L. 2004: Entire article R&RE, p. 1543, § 1, effective 5/30/2006.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 71 - TRADE NAMES (§§ 7-71-101 — 7-71-112) › Section 7-71-111 - Affidavit or certification recorded before July 1, 1985

Any affidavit or certification recorded pursuant to section
7-71-101(1)(a) or (7)
prior to July 1, 1985, shall continue to constitute prima facie evidence of the facts recited therein insofar as the same affect title to real property.
L. 2006: Entire section added, p. 854, § 17, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 71 - TRADE NAMES (§§ 7-71-101 — 7-71-112) › Section 7-71-112 - Affidavit or certification recorded pursuant to 24-35-301 (1.5)

Any affidavit recorded pursuant to section
24-35-301
(1.5), C.R.S., prior to its repeal, shall continue to constitute prima facie evidence of the facts recited therein insofar as the same affect title to real property.
L. 2006: Entire section added, p. 854, § 17, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 72 - [Repealed] REGISTRATION OF FARM NAMES (§ 7-72-101) › Section 7-72-101 - and 7-72-102 - [Repealed]

L. 95: Entire article repealed, p. 194, § 5, effective April 13.
This article was numbered as article 4 of chapter 141, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADEMARKS AND BUSINESS NAMES (§§ 7-70-101 — 7-73-101) › Article 73 - [Repealed] TRADEMARKS ON ARTICLES OR SUPPLIES - REGISTRATION (§ 7-73-101) › Section 7-73-101 - to 7-73-109 - [Repealed]

L. 2008: Entire article repealed, p. 24, § 22, effective August 5.
This article was numbered as article 4 of chapter 141, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADE SECRETS (§§ 7-74-101 — 7-74-110) › Article 74 - UNIFORM TRADE SECRETS ACT (§§ 7-74-101 — 7-74-110) › Section 7-74-101 - Short title

This article shall be known and may be cited as the "Uniform Trade Secrets Act".
L. 86: Entire article added, p. 460, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADE SECRETS (§§ 7-74-101 — 7-74-110) › Article 74 - UNIFORM TRADE SECRETS ACT (§§ 7-74-101 — 7-74-110) › Section 7-74-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(2)
"Misappropriation" means:
(a)
Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(b)
Disclosure or use of a trade secret of another without express or implied consent by a person who:
(I)
Used improper means to acquire knowledge of the trade secret; or
(II)
At the time of disclosure or use, knew or had reason to know that such person's knowledge of the trade secret was:
(A)
Derived from or through a person who had utilized improper means to acquire it;
(B)
Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(C)
Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(III)
Before a material change of such person's position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(3)
Repealed.
(4)
"Trade secret" means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, improvement, confidential business or financial information, listing of names, addresses, or telephone numbers, or other information relating to any business or profession which is secret and of value. To be a "trade secret" the owner thereof must have taken measures to prevent the secret from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
L. 86: Entire article added, p. 460, § 1, effective July 1. L. 2003: (3)(b) added by revision, pp. 2356, 2357, §§ 347, 348. L. 2004: IP(2)(b)(II) and (2)(b)(III) amended, p. 1459, § 180, effective July 1.
Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2004. (See L. 2003, pp. 2356, 2357.)
For additional definitions applicable to this article, see § 7-90-102.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADE SECRETS (§§ 7-74-101 — 7-74-110) › Article 74 - UNIFORM TRADE SECRETS ACT (§§ 7-74-101 — 7-74-110) › Section 7-74-103 - Injunctive relief

Temporary and final injunctions including affirmative acts may be granted on such equitable terms as the court deems reasonable to prevent or restrain actual or threatened misappropriation of a trade secret.
L. 86: Entire article added, p. 461, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADE SECRETS (§§ 7-74-101 — 7-74-110) › Article 74 - UNIFORM TRADE SECRETS ACT (§§ 7-74-101 — 7-74-110) › Section 7-74-104 - Damages

(1)
Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages may include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
(2)
If the misappropriation is attended by circumstances of fraud, malice, or a willful and wanton disregard of the injured party's right and feelings, the court or the jury may award exemplary damages in an amount not exceeding the award made under subsection (1) of this section.
L. 86: Entire article added, p. 461, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADE SECRETS (§§ 7-74-101 — 7-74-110) › Article 74 - UNIFORM TRADE SECRETS ACT (§§ 7-74-101 — 7-74-110) › Section 7-74-105 - Attorney fees

If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exists, the court may award reasonable attorney fees to the prevailing party.
L. 86: Entire article added, p. 461, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADE SECRETS (§§ 7-74-101 — 7-74-110) › Article 74 - UNIFORM TRADE SECRETS ACT (§§ 7-74-101 — 7-74-110) › Section 7-74-106 - Preservation of secrecy

In an action under this article, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
L. 86: Entire article added, p. 461, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADE SECRETS (§§ 7-74-101 — 7-74-110) › Article 74 - UNIFORM TRADE SECRETS ACT (§§ 7-74-101 — 7-74-110) › Section 7-74-107 - Statute of limitations

An action for misappropriation of a trade secret shall be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
L. 86: Entire article added, p. 462, § 1, effective July 1.
For other provisions relating to limitations on personal actions, see article 80 of title 13.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADE SECRETS (§§ 7-74-101 — 7-74-110) › Article 74 - UNIFORM TRADE SECRETS ACT (§§ 7-74-101 — 7-74-110) › Section 7-74-108 - Effect on other law

(1)
Except as provided in subsection (2) of this section, this article displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.
(2)
This article does not affect:
(a)
Contractual remedies, whether or not based upon misappropriation of a trade secret;
(b)
Other civil remedies that are not based upon misappropriation of a trade secret; or
(c)
Criminal remedies, whether or not based upon misappropriation of a trade secret.
L. 86: Entire article added, p. 462, § 1, effective July 1.
For theft of trade secrets, see § 18-4-408.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADE SECRETS (§§ 7-74-101 — 7-74-110) › Article 74 - UNIFORM TRADE SECRETS ACT (§§ 7-74-101 — 7-74-110) › Section 7-74-109 - Uniformity of application and construction

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
L. 86: Entire article added, p. 462, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › TRADE SECRETS (§§ 7-74-101 — 7-74-110) › Article 74 - UNIFORM TRADE SECRETS ACT (§§ 7-74-101 — 7-74-110) › Section 7-74-110 - Severability

If any provision of this article or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
L. 86: Entire article added, p. 462, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 1 - DEFINITION AND APPLICATION (§§ 7-80-101 — 7-80-109) › Section 7-80-101 - Short title

This article shall be known and may be cited as the "Colorado Limited Liability Company Act".
L. 90: Entire article added, p. 414, § 1, effective April 18.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 1 - DEFINITION AND APPLICATION (§§ 7-80-101 — 7-80-109) › Section 7-80-103 - Nature of business

A limited liability company may be formed under this article for any lawful business, subject to any provisions of law governing or regulating such business within this state.
L. 90: Entire article added, p. 415, § 1, effective April 18. L. 94: Entire section amended, p. 710, § 2, effective July 1. L. 2003: Entire section amended, p. 2264, § 175, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 1 - DEFINITION AND APPLICATION (§§ 7-80-101 — 7-80-109) › Section 7-80-104 - Powers

(1)
Each limited liability company formed and existing under this article may:
(a)
Sue and be sued, complain and defend, and participate in administrative or other proceedings, in its name;
(b)
Purchase, take, receive, lease or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property, or an interest in it, wherever situated;
(c)
Sell, convey, assign, encumber, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets;
(d)
Lend money to and otherwise assist its members and employees;
(e)
Purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in or obligations of any other person;
(f)
Make contracts and guarantees and incur liabilities, borrow money at such rates of interest as the limited liability company may determine, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of all or any part of its property, franchises, and income;
(g)
Lend money for its proper purposes, invest and reinvest its funds, and take and hold real property and personal property for the payment of funds so loaned or invested;
(h)
Conduct its business, carry on its operations, and have and exercise the powers granted by this article in any jurisdiction;
(i)
Have managers and other agents;
(j)
Be a party to the operating agreement;
(k)
Indemnify a member or manager or former member or manager of the limited liability company as provided in section
7-80-407
;
(l)
(Deleted by amendment, L. 2003, p. 2264, § 176, effective July 1, 2004.)
(m)
Have and exercise all powers necessary or convenient to effect any or all of the purposes for which the limited liability company is formed;
(n)
Be an agent, an associate, a fiduciary, a manager, a member, a partner, a promoter, or a trustee of, or hold any similar position with, any entity, trust, or estate.
L. 90: Entire article added, p. 415, § 1, effective April 18. L. 94: (1)(d) amended, p. 710, § 3, effective July 1. L. 2003: IP(1), (1)(e), (1)(h), (1)(j), (1)(l), (1)(m), and (1)(n) amended, p. 2264, § 176, effective 7/1/2004. L. 2004: (1)(k) amended, p. 936, § 2, effective July 1. L. 2006: (1)(i), (1)(j), and (1)(n) amended, p. 854, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 1 - DEFINITION AND APPLICATION (§§ 7-80-101 — 7-80-109) › Section 7-80-105 - Unauthorized assumption of powers

All persons who assume to act as a limited liability company without authority to do so and without good-faith belief that they have such authority shall be jointly and severally liable for all debts and liabilities incurred by such persons so acting.
L. 90: Entire article added, p. 416, § 1, effective April 18.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 1 - DEFINITION AND APPLICATION (§§ 7-80-101 — 7-80-109) › Section 7-80-106 - Transaction of business outside state

It is the intention of the general assembly by the enactment of this article that the legal existence of limited liability companies formed under this article be recognized beyond the limits of this state and that, subject to any reasonable registration requirements, any such limited liability company transacting business outside this state be granted the protection of full faith and credit under section 1 of article IV of the constitution of the United States.
L. 90: Entire article added, p. 416, § 1, effective April 18.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 1 - DEFINITION AND APPLICATION (§§ 7-80-101 — 7-80-109) › Section 7-80-107 - Application of corporation case law to set aside limited liability

(1)
In any case in which a party seeks to hold the members of a limited liability company personally responsible for the alleged improper actions of the limited liability company, the court shall apply the case law which interprets the conditions and circumstances under which the corporate veil of a corporation may be pierced under Colorado law.
(2)
For purposes of this section, the failure of a limited liability company to observe the formalities or requirements relating to the management of its business and affairs is not in itself a ground for imposing personal liability on the members for liabilities of the limited liability company.
(3)
A limited liability company's status for federal tax purposes does not affect its status as a distinct entity organized and existing under this article.
Amended by 2016 Ch. 242,§ 2, eff. 8/10/2016.
L. 90: Entire article added, p. 416, § 1, effective April 18. L. 94: Entire section amended, p. 710, § 4, effective July 1. L. 2016: (3) added, (HB 16-1329), ch. 242, p. 988, § 2, effective August 10.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 1 - DEFINITION AND APPLICATION (§§ 7-80-101 — 7-80-109) › Section 7-80-109 - Construction of article

The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this article.
L. 2004: Entire section added, p. 938, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 2 - FORMATION (§§ 7-80-201 — 7-80-209) › Section 7-80-201 - [Repealed]

L. 90: Entire article added, p. 417, § 1, effective April 18. L. 93: (1) amended, p. 63, § 1, effective March 22; (4)(a) and (4)(c) amended, p. 859, § 20, effective 7/1/1994. L. 94: (4)(d) added, p. 88, § 15, effective July 1. L. 97: (4)(a) amended, p. 760, § 24, effective 7/1/1998. L. 2000: Entire section repealed, p. 990, § 109, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 2 - FORMATION (§§ 7-80-201 — 7-80-209) › Section 7-80-202 - [Repealed]

L. 90: Entire article added, p. 418, § 1, effective April 18. L. 2003: (3) added by revision, pp. 2356, 2357, §§ 347, 348.
Subsection (3) provided for the repeal of this section, effective July 1, 2004. (See L. 2003, pp. 2356, 2357.)
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 2 - FORMATION (§§ 7-80-201 — 7-80-209) › Section 7-80-203 - Formation

(1)
One or more persons may form a limited liability company by delivering articles of organization to the secretary of state for filing pursuant to part 3 of article
90
of this title. Any such person who is an individual shall be of the age of eighteen years or older. Such person or persons need not be members of the limited liability company after formation has occurred.
(2)
Repealed.
L. 90: Entire article added, p. 418, § 1, effective April 18. L. 94: (2) repealed, p. 712, § 6, effective July 1. L. 97: (1) amended, p. 1503, § 13, effective June 3. L. 2002: (1) amended, p. 1833, § 71, effective July 1; (1) amended, p. 1697, § 69, effective October 1. L. 2003: (1) amended, p. 2265, § 178, effective 7/1/2004. L. 2004: (1) amended, p. 1459, § 181, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 2 - FORMATION (§§ 7-80-201 — 7-80-209) › Section 7-80-204 - Articles of organization

(1)
The articles of organization shall state:
(a)
The domestic entity name of the limited liability company, which domestic entity name shall comply with part 6 of article
90
of this title;
(b)
(Deleted by amendment, L. 94, p. 712, § 7, effective July 1, 1994.)
(b.5)
The principal office address of the limited liability company's initial principal office;
(c)
The registered agent name and registered agent address of the limited liability company's initial registered agent;
(d)
The true name and mailing address of each person forming the limited liability company pursuant to section
7-80-203
;
(e)
That management of the limited liability company is vested in one or more managers or is vested in the members, whichever be the case;
(f)
(Deleted by amendment, L. 2003, p. 2265, § 179, effective July 1, 2004.)
(g)
That there is at least one member of the limited liability company; and
(h)
Any other matters relating to the limited liability company or the articles of organization the persons forming the limited liability company determine to include therein.
(2)
(Deleted by amendment, L. 2003, p. 2265, § 179, effective July 1, 2004.)
L. 90: Entire article added, p. 418, § 1, effective April 18. L. 94: (1)(b), (1)(d), and (1)(e) amended and (1)(f) added, p. 712, § 7, effective July 1. L. 97: (2) amended, p. 1503, § 14, effective June 3. L. 2003: Entire section amended, p. 2265, § 179, effective 7/1/2004. L. 2004: (1)(b.5) and (1)(d) amended and (1)(g) and (1)(h) added, p. 1460, § 182, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 2 - FORMATION (§§ 7-80-201 — 7-80-209) › Section 7-80-205 - [Repealed]

L. 90: Entire article added, p. 419, § 1, effective April 18. L. 2003: (3) added by revision, pp. 2356, 2357, §§ 347, 348.
Subsection (3) provided for the repeal of this section, effective July 1, 2004. (See L. 2003, pp. 2356, 2357.)
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 2 - FORMATION (§§ 7-80-201 — 7-80-209) › Section 7-80-206 - [Repealed]

L. 90: Entire article added, p. 419, § 1, effective April 18. L. 2002: Entire section repealed, p. 1861, § 163, effective July 1; entire section repealed, p. 1728, § 163, effective October 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Article 80 - LIMITED LIABILITY COMPANIES (§§ 7-80-101 — 7-80-1101) › Part 2 - FORMATION (§§ 7-80-201 — 7-80-209) › Section 7-80-207 - Effect of filing of articles of organization

A limited liability company is formed when its articles of organization become effective.
L. 90: Entire article added, p. 419, § 1, effective April 18. L. 2000: (3) amended, p. 959, § 41, effective July 1. L. 2002: (2) amended, p. 1833, § 72, effective July 1; (2) amended, p. 1697, § 70, effective October 1. L. 2003: Entire section R&RE, p. 2266, § 180, effective 7/1/2004.