reglab/statecodes huggingface dataset:
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 3 - FILING DOCUMENTS (§§ 7-90-301 — 7-90-315) › Section 7-90-302 - Forms and cover sheets - secretary of state to furnish upon request

(1)
The secretary of state may prepare and furnish a form or cover sheet, or both, for any document that is subject to this part 3 and may require the use of any such form or cover sheet or both. The form or cover sheet may require the statement of any information the secretary of state deems appropriate to perform the duties of the secretary of state under the law of this state, including information as to the identity of any person to which the document relates, the mailing address of any such person, the registered agent name and registered agent address of the registered agent for any such person who is required or permitted by this title to have a registered agent, and the principal office address of the principal office of any such person who has a principal office. A form or cover sheet shall not preclude in any way the inclusion in any document of any item the inclusion of which is not prohibited by the law of this state and shall not require the inclusion of any item the inclusion of which is not required or permitted by this article or any other law of this state.
(2)
The form or cover sheet shall be deemed to be a part of the filed document that uses such form or cover sheet. Information that is contained in such form or cover sheet shall control over any contrary information contained elsewhere in the filed document.
(3)
The secretary of state shall furnish, on request, any form or cover sheet that the secretary of state requires to be used pursuant to this section.
L. 97: Entire article added, p. 1518, § 21, effective June 3. L. 98: Entire section amended, p. 620, § 16, effective July 1. L. 2002: Entire section amended, p. 1840, § 91, effective July 1; entire section amended, p. 1705, § 89, effective October 1. L. 2003: Entire section amended, p. 2290, § 198, effective 7/1/2004. L. 2004: Entire section amended, p. 1477, § 210, effective July 1. L. 2006: (1) amended, p. 870, § 47, effective July 1. L. 2007: (1) amended, p. 241, § 28, effective May 29.
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 3 - FILING DOCUMENTS (§§ 7-90-301 — 7-90-315) › Section 7-90-304.5 - Restated constituent filed document

(1)
Unless the organic statutes expressly provide otherwise:
(a)
A domestic entity may restate its constituent filed document at any time by action of its owners or of any other person authorized by the organic statutes to deliver, on behalf of the entity, articles of restatement to the secretary of state, for filing pursuant to this part 3, effecting such restatement.
(b)
Articles of restatement of a constituent filed document may include one or more amendments to the constituent filed document if each amendment to the constituent filed document has been approved in the manner provided in the organic statutes. Such an amendment may:
(I)
Delete the statement of the names and addresses of the incorporators or other persons forming the entity;
(II)
Delete the statement of the names and addresses of the initial managers of the entity;
(III)
Delete the statement of the names and addresses of any or all of the individuals named in the constituent filed document, pursuant to section
7-90-301 (6)
, as being individuals who caused the constituent filed document to be delivered for filing;
(IV)
Delete the statement of the principal office address of the entity; and
(V)
If a statement of change changing the registered agent name and registered agent address of the registered agent of the entity is on file in the records of the secretary of state, delete the statement of the registered agent name and registered agent address of the initial registered agent of the entity.
(c)
An entity restating its constituent filed document shall deliver to the secretary of state, for filing pursuant to this part 3, articles of restatement stating:
(I)
The entity name of the entity; and
(II)
The text of the restated constituent filed document.
(III)
(Deleted by amendment, L. 2004, p. 1479, § 213, effective July 1, 2004.)
(d)
Upon filing of articles of restatement of a constituent filed document by the secretary of state or at any delayed effective date provided in the articles of restatement, determined pursuant to section
7-90-304
, the constituent filed document as restated by the articles of restatement supersedes the original constituent filed document and all prior amendments to the original constituent filed document.
L. 98: Entire section added, p. 620, § 19, effective July 1. L. 2003: IP(1), (1)(a), (1)(b), IP(1)(c), and (1)(c)(I) amended, p. 2291, § 201, effective 7/1/2004. L. 2004: IP(1), (1)(a), IP(1)(b), (1)(b)(V), IP(1)(c), (1)(c)(I), and (1)(c)(III) amended, p. 1479, § 213, effective July 1. L. 2006: (1)(a), IP(1)(b), IP(1)(c), and (1)(d) amended, p. 871, § 50, effective July 1.
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 3 - FILING DOCUMENTS (§§ 7-90-301 — 7-90-315) › Section 7-90-307 - Appeal from secretary of state's refusal to file document

(1)
If the secretary of state refuses to file a document delivered to the secretary of state for filing, the person causing the document to be delivered to the secretary of state for filing may, within forty-five days after the effective date of the notice of the refusal given by the secretary of state pursuant to section
7-90-306 (3)
, appeal to the district court for the county in this state in which the street address of the entity's principal office is located, or, if the entity has no principal office in this state, to the district court for the county in which the street address of its registered agent is located or, if the entity has no registered agent, to the district court for the city and county of Denver. The appeal is commenced by petitioning the court to compel the filing of the document by the secretary of state and by attaching to the petition a copy of the document and a copy of the secretary of state's notice of refusal.
(2)
The court may order the secretary of state to file the document or to take such other action as the court considers appropriate.
(3)
The court's order or decision may be appealed as in other civil proceedings.
L. 97: Entire article added, p. 1521, § 21, effective June 3. L. 2003: (1) amended, p. 2294, § 205, effective 7/1/2004. L. 2004: (1) amended, p. 1482, § 217, effective July 1.
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 3 - FILING DOCUMENTS (§§ 7-90-301 — 7-90-315) › Section 7-90-308 - Evidentiary effect of copy of filed document

A certificate attached to a copy of a document, bearing the secretary of state's manual or facsimile signature and the seal of this state and stating to the effect that the document is filed in the records of the secretary of state, is prima facie evidence that the document is on file in the records of the secretary of state.
L. 97: Entire article added, p. 1521, § 21, effective June 3. L. 2002: Entire section amended, p. 1842, § 96, effective July 1; entire section amended, p. 1707, § 94, effective October 1. L. 2003: Entire section amended, p. 2295, § 206, effective 7/1/2004. L. 2004: Entire section amended, p. 1482, § 218, effective July 1.
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 3 - FILING DOCUMENTS (§§ 7-90-301 — 7-90-315) › Section 7-90-309 - Certificates issued by secretary of state

(1)
The secretary of state shall issue to any person, upon request, a copy of any document filed by the secretary of state pursuant to this title, a certificate endorsed on or accompanying a copy of any filed document identifying the filed document and certifying that the copy is a true copy of the filed document, and, if appropriate, a certificate of good standing concerning any entity. The secretary of state may issue to any person, upon request, any other certificate as to the records of the secretary of state that the secretary of state deems appropriate.
(2)
A certificate issued by the secretary of state may be relied upon, subject to any qualification stated in the certificate, as prima facie evidence of the facts stated therein.
L. 97: Entire article added, p. 1521, § 21, effective June 3. L. 2002: (1) amended, p. 1843, § 97, effective July 1; (1) amended, p. 1707, § 95, effective October 1. L. 2003: Entire section amended, p. 2295, § 207, effective 7/1/2004. L. 2004: (1) amended, p. 1482, § 219, effective July 1.
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 3 - FILING DOCUMENTS (§§ 7-90-301 — 7-90-315) › Section 7-90-310 - Proof of delivery for filing

(1)
The secretary of state may consider a document to have been received for filing upon proof of such receipt as evidenced by a signed return receipt, an entry in records maintained by the secretary of state of electronic or facsimile transmissions received by the secretary of state, or such other or additional proof of receipt of the documents received as the secretary of state may require. Such proof must be satisfactory to the secretary of state before the document will be considered received.
(2)
The secretary of state may require that the receipt of a document by facsimile transmission on or after February 11, 1994, be shown in the records of the secretary of state of facsimile transmissions received by the secretary of state. The secretary of state may condition relief under this section upon fulfillment of such other requirements or conditions that the secretary of state determines appropriate, including, without limitation, the making of a change of entity name of the entity involved and payment of fees for the filing.
(3)
Application for relief under this section shall be made in writing and delivered to the secretary of state within sixty days after the purported date of receipt of such document by the secretary of state. The application shall contain information satisfactory to the secretary of state to enable the secretary of state to identify the transaction.
L. 97: Entire article added, p. 1521, § 21, effective June 3. L. 98: Entire section amended, p. 622, § 22, effective July 1. L. 2004: Entire section amended, p. 1483, § 220, effective July 1.
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 3 - FILING DOCUMENTS (§§ 7-90-301 — 7-90-315) › Section 7-90-311 - [Repealed]

L. 97: Entire article added, p. 1522, § 21, effective June 3. L. 98: Entire section repealed, p. 622, § 23, effective July 1.
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 3 - FILING DOCUMENTS (§§ 7-90-301 — 7-90-315) › Section 7-90-312 - [Repealed]

L. 97: Entire article added, p. 1522, § 21, effective June 3. L. 99: Entire section repealed, p. 617, § 3, effective August 4.
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 3 - FILING DOCUMENTS (§§ 7-90-301 — 7-90-315) › Section 7-90-313 - Remedy for failure or refusal to file - presumptions

Any person who is adversely affected by a failure or refusal of any other person to deliver any document to the secretary of state, for filing pursuant to this part 3, with respect to any entity may petition the district court for the county in this state in which the street address of the entity's principal office is located or, if the entity has no principal office in this state, in the district court for the county in which the street address of its registered agent is located or, if the entity has no registered agent, in the city and county of Denver, to approve the document and direct the appropriate person to deliver the document to the secretary of state, for filing pursuant to this part 3. If the court finds that it is proper for the document to be filed and that there has been a failure or refusal to approve the document and deliver the document to the secretary of state for filing pursuant to this part 3, it shall order the secretary of state to file the document in the form it has approved.
L. 2003: Entire section added, p. 2295, § 208, effective 7/1/2004. L. 2004: Entire section amended, p. 1483, § 221, effective July 1.
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 3 - FILING DOCUMENTS (§§ 7-90-301 — 7-90-315) › Section 7-90-315 - [Repealed]

Added by 2022 Ch. 326, § 1, eff. 2/1/2023.
2022 Ch. 326, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 4 - SECRETARY OF STATE (§§ 7-90-401 — 7-90-404) › Section 7-90-401 - Powers

The secretary of state has all powers reasonably necessary to perform the duties required by law.
L. 2000: Entire part added, p. 971, § 47, effective July 1. L. 2003: Entire section amended, p. 2295, § 209, effective 7/1/2004. L. 2004: Entire section amended, p. 1484, § 222, effective July 1.
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 4 - SECRETARY OF STATE (§§ 7-90-401 — 7-90-404) › Section 7-90-403 - Notices by the secretary of state

(1)
(a)
The secretary of state may give notice, in such manner as the secretary of state may determine, to any person about any matter arising under or with respect to this title, including notice regarding:
(I)
The due date of a periodic report;
(II)
The existence of grounds for delinquency;
(III)
The pendency of dissolution upon expiration of period of duration;
(IV)
The dissolution upon expiration of period of duration;
(V)
The due date of a trade name renewal; and
(VI)
The due date of a trademark renewal.
(b)
The secretary of state may use a phase-in period or any other method to mitigate hardship on the reporting entity caused by electronic notification and may provide exceptions from such electronic notification where hardship or other good cause is shown.
(c)
This subsection (1) does not affect a requirement that the secretary of state give notice under another provision of law.
(2)
Neither the determination of the secretary of state to give, or not to give, any notice under the authority of subsection (1) of this section nor the failure of any person to receive any notice so given affects any obligation under or requirement of any provision of this title or excuses any noncompliance by any person of any obligation under or requirement of any provision of this title.
L. 2010: Entire section added, (HB 10-1403), ch. 404, p. 1996, §14, effective August 11.
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 4 - SECRETARY OF STATE (§§ 7-90-401 — 7-90-404) › Section 7-90-404 - Distribution of information - student loan repayment and loan forgiveness programs

(1)
The secretary of state shall annually disseminate for the benefit of employees of nonprofit public service organizations, as defined in
34 CFR 685.219
, informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from the department of personnel pursuant to section
24-5-102
. The secretary of state may disseminate the informational materials by posting the materials on the secretary of state's website.
(2)
The secretary of state shall encourage each nonprofit public service organization to annually distribute the informational materials, including any updated materials, to each employee of the nonprofit public service organization and to include the informational materials as part of the nonprofit public service organization's new employee orientation process.
Added by 2019 Ch. 35,§ 11, eff. 8/2/2019.
L. 2019: Entire section added, (SB 19-057), ch. 115, p. 115, § 11, effective August 2.
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 5 - ANNUAL REPORTS - STATEMENT OF PERSON NAMED IN FILED DOCUMENT (§§ 7-90-501 — 7-90-502) › Section 7-90-502 - [Repealed]

L. 2000: Entire part added, p. 973, § 47, effective July 1. L. 2002: IP(1) amended, p. 1843, § 99, effective July 1; IP(1) amended, p. 1708, § 97, effective October 1. L. 2003: IP(1), (1)(b), and (1)(d) amended, p. 2297, § 211, effective 7/1/2004. L. 2004: Entire section repealed, p. 1484, § 224, effective July 1.
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 6 - ENTITY NAMES (§§ 7-90-601 — 7-90-604) › Section 7-90-601.5 - Domestic entity name and trade name of dissolved domestic entity

(1)
If a domestic entity that has a constituent filed document dissolves, the domestic entity name of the dissolved entity shall include the word "dissolved" followed by the month, day, and year of the effective date of dissolution of the entity.
(2)
(Deleted by amendment, L. 2007, p. 242, § 32, effective May 29, 2007.)
L. 2003: Entire section added, p. 2300, § 213, effective 7/1/2004. L. 2004: Entire section amended, p. 1486, § 226, effective July 1. L. 2005: Entire section amended, p. 1209, § 12, effective October 1. L. 2006: Entire section amended, p. 874, § 56, effective May 30. L. 2007: Entire section amended, p. 242, § 32, effective May 29.
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 6 - ENTITY NAMES (§§ 7-90-601 — 7-90-604) › Section 7-90-601.6 - Entity name of delinquent entity

(1)
The entity name of a delinquent entity shall include the word "delinquent", followed by the month, day, and year of the effective date of the entity's delinquency, after the four-hundredth day after the effective date of its delinquency under section
7-90-902 (1)
.
(2)
(Deleted by amendment, L. 2007, p. 242, § 33, effective May 29, 2007.)
L. 2005: Entire section added, p. 1210, § 13, effective October 1. L. 2006: Entire section amended, p. 874, § 57, effective May 30. L. 2007: Entire section amended, p. 242, § 33, effective May 29. L. 2010: (1) amended, (HB 10 -1403), ch. 404, p. 1998, § 16, effective August 11.
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 6 - ENTITY NAMES (§§ 7-90-601 — 7-90-604) › Section 7-90-601.7 - Foreign entity name and trade name of withdrawn foreign entity

(1)
If a foreign entity has a statement of foreign entity authority on file in the records of the secretary of state, but such authority has been relinquished, the foreign entity name of the foreign entity shall include the words "Colorado authority relinquished" followed by the effective date of the statement of foreign entity withdrawal by which the foreign entity relinquished its authority.
(2)
(Deleted by amendment, L. 2007, p. 243, § 34, effective May 29, 2007.)
L. 2004: Entire section added, p. 1486, § 227, effective July 1. L. 2005: Entire section amended, p. 1210, § 14, effective October 1. L. 2006: Entire section amended, p. 874, § 58, effective May 30. L. 2007: Entire section amended, p. 243, § 34, effective May 29.
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 6 - ENTITY NAMES (§§ 7-90-601 — 7-90-604) › Section 7-90-602 - Reserved entity name

(1)
Any person may apply for the reservation of the exclusive use of a name as an entity name by delivering a statement of reservation of a name to the secretary of state, for filing pursuant to part 3 of this article, stating the name and mailing address of the person, that the person is applying under this section to reserve a name for use as an entity name, and the name proposed to be reserved. If the secretary of state determines that the name applied for would be available for use as an entity name under section
7-90-601
, the secretary of state shall reserve the name for the person's exclusive use for a one-hundred-twenty-day period, which reservation may be renewed successively for one-hundred-twenty-day periods. No statement of reservation of name shall state a delayed effective date.
(2)
The holder of a reserved name may transfer the reservation to any other person by delivering to the secretary of state, for filing pursuant to part 3 of this article, a statement of transfer of reserved name that states the reserved name, the name of the holder, and the name and mailing address of the transferee.
(3)
If a constituent filed document stating a delayed effective date and stating a new domestic entity name is filed in the records of the secretary of state, such domestic entity name shall be deemed to be a reserved name until the constituent filed document becomes effective.
L. 2000: Entire part added, p. 975, § 47, effective July 1. L. 2002: (1) and (2) amended, p. 1844, § 101, effective July 1; (1) and (2) amended, p. 1708, § 99, effective October 1. L. 2003: Entire section amended, p. 2300, § 214, effective 7/1/2004. L. 2004: (1) and (3) amended, p. 1486, § 228, effective July 1; (1) amended, p. 1544, § 6, effective 5/30/2006. L. 2005: (2) amended, p. 1210, § 15, effective October 1. L. 2006: (1) amended, p. 875, § 59, effective July 1.
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 6 - ENTITY NAMES (§§ 7-90-601 — 7-90-604) › Section 7-90-603 - Assumed entity name of foreign entity

If the name that a foreign entity would use as its foreign entity name is not permitted to be used by the foreign entity under section
7-90-601
, the foreign entity, in order to obtain authority to transact business or conduct activities in this state, shall assume for use in this state as its foreign entity name a foreign entity name that would comply with section
7-90-601
.
L. 2000: Entire part added, p. 975, § 47, effective July 1. L. 2003: Entire section amended, p. 2300, § 215, effective 7/1/2004. L. 2004: Entire section amended, p. 1487, § 229, effective July 1.
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 7 - REGISTERED AGENT - SERVICE OF PROCESS - CHANGE OF PRINCIPAL OFFICE (§§ 7-90-701 — 7-90-710) › Section 7-90-701 - [Effective Until 8/7/2024] Registered agent

(1)
Every domestic entity for which a constituent filed document is on file in the records of the secretary of state and every foreign entity authorized to transact business or conduct activities in this state shall continuously maintain in this state a registered agent that shall be:
(a)
An individual who is eighteen years of age or older whose primary residence or usual place of business is in this state;
(b)
A domestic entity having a usual place of business in this state; or
(c)
A foreign entity authorized to transact business or conduct activities in this state that has a usual place of business in this state.
(2)
An entity having a usual place of business in this state may serve as its own registered agent.
(3)
Any document delivered to the secretary of state for filing on behalf of an entity that appoints a person as the registered agent for the entity shall contain a statement that the person has consented to being so appointed.
L. 2003: Entire part added, p. 2302, § 217, effective 7/1/2004. L. 2004: IP(1) amended, p. 1490, § 231, effective July 1.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 7 - REGISTERED AGENT - SERVICE OF PROCESS - CHANGE OF PRINCIPAL OFFICE (§§ 7-90-701 — 7-90-710) › Section 7-90-701 - [Effective 8/7/2024] Registered agent - definition

(1)
Every domestic entity for which a constituent filed document is on file in the records of the secretary of state and every foreign entity authorized to transact business or conduct activities in this state shall continuously maintain in this state a registered agent that is:
(a)
(I)
An individual who is eighteen years of age or older and whose primary residence or usual place of business is in this state;
(II)
To establish eligibility pursuant to this subsection (1)(a), an individual must either:
(A)
Hold a current, valid driver's license issued by this state or an identification card issued by this state; or
(B)
Otherwise verify the individual's residency status with the secretary of state consistent with the secretary of state's policies, which must be developed before January 1, 2025, in coordination with key community partners and impacted communities.
(b)
A domestic entity in good standing as listed in the secretary of state's records and having a usual place of business in this state; or
(c)
A foreign entity authorized to transact business or conduct activities in this state that is in good standing as listed in the secretary of state's records and that has a usual place of business in this state.
(2)
An entity in good standing as listed in the secretary of state's records and having a usual place of business in this state may serve as its own registered agent.
(3)
Any document delivered to the secretary of state for filing on behalf of an entity that appoints a person as the registered agent for the entity shall contain a statement that the person has consented to being so appointed.
(4)
For purposes of this section, "usual place of business" has the same meaning as set forth in section 7-90-102 (56)(b).
Amended by 2024 Ch. 332,§ 4, eff. 8/7/2024, app. to registered agents on and after July 1, 2025.
L. 2003: Entire part added, p. 2302, § 217, effective 7/1/2004. L. 2004: IP(1) amended, p. 1490, § 231, effective July 1.
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.
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 7 - REGISTERED AGENT - SERVICE OF PROCESS - CHANGE OF PRINCIPAL OFFICE (§§ 7-90-701 — 7-90-710) › Section 7-90-704 - Service on entities

(1)
The registered agent of an entity is an agent of the entity authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity. The registered agent of an entity is an agent of the entity to whom the secretary of state may deliver any form, notice, or other document with respect to the entity under this title, unless otherwise specified by an organic statute.
(2)
If an entity that is required to maintain a registered agent pursuant to this part 7 has no registered agent, or if the registered agent is not located under its registered agent name at its registered agent address, or if the registered agent cannot with reasonable diligence be served, the entity may be served by registered mail or by certified mail, return receipt requested, addressed to the entity at its principal address. Service is perfected under this subsection (2) at the earliest of:
(a)
The date the entity receives the process, notice, or demand;
(b)
The date shown on the return receipt, if signed on behalf of the entity; or
(c)
Five days after mailing.
(3)
This section does not prescribe the only means, or necessarily the required means, of serving an entity in this state.
L. 2003: Entire part added, p. 2304, § 217, effective 7/1/2004. L. 2004: (1) amended, p. 1491, § 234, effective July 1. L. 2007: IP(2) amended, p. 244, § 38, effective May 29.
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 7 - REGISTERED AGENT - SERVICE OF PROCESS - CHANGE OF PRINCIPAL OFFICE (§§ 7-90-701 — 7-90-710) › Section 7-90-705 - Change of principal office address

(1)
An entity that has stated a principal office address in a document filed by the secretary of state may change its principal office address only by stating a different principal office address in one of the following:
(a)
A statement of change filed pursuant to section
7-90-305.5
, which statement of change shall not be required to comply with section
7-90-305.5 (2)(b)
;
(b)
A periodic report filed pursuant to section
7-90-501
;
(c)
Any form or cover sheet filed by the secretary of state pursuant to part 3 of this article, which form or cover sheet has been prescribed by the secretary of state for effecting such change; or
(d)
A statement of dissolution or articles of dissolution.
L. 2003: Entire part added, p. 2304, § 217, effective 7/1/2004. L. 2004: (1)(a) amended and (1)(d) added, p. 1492, § 235, effective July 1. L. 2010: (1)(b) amended, (HB 10 -1403), ch. 404, p. 1998, § 18, effective August 11.
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 7 - REGISTERED AGENT - SERVICE OF PROCESS - CHANGE OF PRINCIPAL OFFICE (§§ 7-90-701 — 7-90-710) › Section 7-90-706 - [Repealed]

L. 2003: Entire part added, p. 2304, § 217, effective 7/1/2004. L. 2005: Entire section amended, p. 1210, § 17, effective October 1. L. 2009: Entire section repealed, (HB 09 -1248), ch. 252, p. 1133, § 16, effective May 14.
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 7 - REGISTERED AGENT - SERVICE OF PROCESS - CHANGE OF PRINCIPAL OFFICE (§§ 7-90-701 — 7-90-710) › Section 7-90-707 - [See note] Commercial registered agent

(1)
A registered agent may become listed as a commercial registered agent by delivering a commercial registered agent listing statement to the secretary of state for filing pursuant to part 3 of this article. The statement must include the registered agent name and registered agent address of the registered agent and the e-mail address of the registered agent that will be used to receive notifications from the secretary of state.
(2)
The statement must be accompanied by a list of the entities represented by the registered agent at the time the statement is filed. If the registered agent is appointed as an agent for a trademark registrant who is an individual who is not a resident of this state, the registered agent shall identify the statement of trademark registration to the satisfaction of the secretary of state.
(3)
A commercial registered agent listing statement must not state a delayed effective date.
L. 2012: Entire section added, (SB 12-123), ch. 171, p. 612, § 6, effective (see editor's note).
Section 10 of chapter 171, Session Laws of Colorado 2012, provides that the act adding this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that the secretary of state has implemented the necessary computer system changes to implement this section. As of publication date, the revisor of statutes had not received certification from the secretary of state.
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 7 - REGISTERED AGENT - SERVICE OF PROCESS - CHANGE OF PRINCIPAL OFFICE (§§ 7-90-701 — 7-90-710) › Section 7-90-708 - [See note] Termination of commercial registered agent listing

(1)
A commercial registered agent may terminate its listing as a commercial registered agent by delivering a commercial registered agent termination statement to the secretary of state for filing pursuant to part 3 of this article. The statement must include:
(a)
The name of the registered agent as reflected in the records of the secretary of state at the time the statement is filed;
(b)
A statement indicating that the commercial registered agent no longer serves as a commercial registered agent in this state; and
(c)
A statement indicating that notice of the termination has been delivered to each entity and trademark registrant that the commercial registered agent represents.
(2)
Notwithstanding section
7-90-304
, a commercial registered agent termination statement is effective on the thirty-first day following the day that the commercial registered agent termination statement is filed in the records of the secretary of state or on a delayed effective date stated in the commercial registered agent termination statement that is not earlier than the thirty-first day and not later than the ninetieth day following the day the commercial registered agent termination statement is filed in the records of the secretary of state.
(3)
A commercial registered agent ceases to be the agent for service of process for an entity and trademark registrant formerly represented by the commercial registered agent when the termination statement becomes effective. If an entity or trademark registrant represented by the person that is resigning as a commercial registered agent appoints a registered agent before the effective date of the termination statement, the commercial registered agent ceases to be the agent for that entity or trademark registrant on the effective date of the appointment of the new registered agent.
L. 2012: Entire section added, (SB 12-123), ch. 171, p. 613, § 6, effective (see editor's note).
Section 10 of chapter 171, Session Laws of Colorado 2012, provides that the act adding this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that the secretary of state has implemented the necessary computer system changes to implement this section. As of publication date, the revisor of statutes had not received certification from the secretary of state.
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 7 - REGISTERED AGENT - SERVICE OF PROCESS - CHANGE OF PRINCIPAL OFFICE (§§ 7-90-701 — 7-90-710) › Section 7-90-709 - [See note] Change of commercial registered agent name or address

(1)
If a commercial registered agent changes its registered agent name or its registered agent address, the commercial registered agent shall deliver to the secretary of state, for filing pursuant to part 3 of this article, a statement of change that states, in addition to the information required by section
7-90-305.5
, that the commercial registered agent has delivered notice of the change to each entity and trademark registrant represented by the commercial registered agent.
(2)
The filing of a statement of change pursuant to this section is effective to change the information regarding the commercial registered agent with respect to each entity and trademark registrant represented by the commercial registered agent.
L. 2012: Entire section added, (SB 12-123), ch. 171, p. 613, § 6, effective (see editor's note).
Section 10 of chapter 171, Session Laws of Colorado 2012, provides that the act adding this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that the secretary of state has implemented the necessary computer system changes to implement this section. As of publication date, the revisor of statutes had not received certification from the secretary of state.
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 7 - REGISTERED AGENT - SERVICE OF PROCESS - CHANGE OF PRINCIPAL OFFICE (§§ 7-90-701 — 7-90-710) › Section 7-90-710 - [See note] Listing of entities represented by commercial registered agents

The secretary of state shall make available upon request a list of filings made during the previous month that contain the name of a commercial registered agent. The secretary of state may assess a fee for the requested lists.
L. 2012: Entire section added, (SB 12-123), ch. 171, p. 614, § 6, effective (see editor's note).
Section 10 of chapter 171, Session Laws of Colorado 2012, provides that the act adding this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that the secretary of state has implemented the necessary computer system changes to implement this section. As of publication date, the revisor of statutes had not received certification from the secretary of state.
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 8 - FOREIGN ENTITIES (§§ 7-90-801 — 7-90-813) › Section 7-90-803 - Statement of foreign entity authority to transact business or conduct activities

(1)
A foreign entity may cause to be delivered to the secretary of state, for filing pursuant to part 3 of this article, a statement of foreign entity authority stating:
(a)
Its true name and its assumed entity name, if any;
(b)
The jurisdiction under the law of which it is formed;
(c)
The form of the entity as that form is recognized by the jurisdiction under the law of which the entity is formed;
(d)
(Deleted by amendment, L. 2004, p. 1493, § 238, effective July 1, 2004.)
(e)
The principal office address of its principal office;
(f)
The registered agent name and registered agent address of its registered agent; and
(g)
The date it commenced or expects to commence transacting business or conducting activities in this state.
(h)
(Deleted by amendment, L. 2004, p. 1493, § 238, effective July 1, 2004.)
L. 2003: Entire part added, p. 2307, § 217, effective 7/1/2004. L. 2004: (1)(c), (1)(d), and (1)(h) amended, p. 1493, § 238, effective July 1. L. 2006: (1)(b) amended, p. 876, § 61, effective July 1.
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 8 - FOREIGN ENTITIES (§§ 7-90-801 — 7-90-813) › Section 7-90-804 - Change of statement of foreign entity authority to transact business or conduct activities

Upon any change in circumstances that makes any statement contained in its filed statement of foreign entity authority no longer true, a foreign entity authorized to transact business or conduct activities in this state shall deliver to the secretary of state, for filing pursuant to part 3 of this article, an appropriate statement of change so that its statement of foreign entity authority is in all respects true.
L. 2003: Entire part added, p. 2307, § 217, effective 7/1/2004.
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 8 - FOREIGN ENTITIES (§§ 7-90-801 — 7-90-813) › Section 7-90-805 - Effect of statement of foreign entity authority

(1)
A foreign entity is authorized to transact business or conduct activities in this state from the effective date of its statement of foreign entity authority until the effective date of its statement of foreign entity withdrawal.
(2)
A foreign entity that has authority to transact business or conduct activities in this state has the same rights and privileges as, but no greater rights or privileges than, and, except as otherwise provided by this title, is subject to the same duties, restrictions, penalties, and liabilities imposed upon, a functionally equivalent domestic entity.
(3)
Nothing in this part 8 authorizes this state to regulate the organization, formation, existence, or internal activities of a foreign entity authorized to transact business or conduct activities in this state.
(4)
As to any foreign entity transacting business or conducting activities in this state, the law of the jurisdiction under the law of which the foreign entity is formed shall govern the organization and internal affairs of the foreign entity and the liability of its owners and managers.
L. 2003: Entire part added, p. 2308, § 217, effective 7/1/2004. L. 2004: (4) amended, p. 1493, § 239, effective July 1. L. 2005: (1) amended, p. 1211, § 19, effective October 1.
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 8 - FOREIGN ENTITIES (§§ 7-90-801 — 7-90-813) › Section 7-90-806 - Withdrawal of foreign entity

(1)
A foreign entity authorized to transact business or conduct activities in this state may relinquish that authority 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 stating:
(a)
Its true name and its assumed entity name, if any;
(b)
The registered agent name and registered agent address of its registered agent or, if a registered agent is no longer to be maintained, a statement that the entity will not maintain a registered agent, and the mailing address to which service of process may be mailed pursuant to section
7-90-807
;
(c)
The principal office address of its principal office;
(d)
The jurisdiction under the law of which it was formed;
(e)
That it will no longer transact business or conduct activities in this state and that it relinquishes its authority to transact business or conduct activities in this state; and
(f)
That any statement of trade name it has on file in the records of the secretary of state pursuant to article
71
of this title, and any assumed entity name pursuant to section
7-90-603
, are withdrawn upon the effective date of the statement of foreign entity withdrawal.
(g)
(Deleted by amendment, L. 2004, p. 1494, § 240, effective July 1, 2004.)
(2)
If a foreign entity causes a statement of foreign entity withdrawal to be delivered to the secretary of state for filing pursuant to part 3 of this article before the date on which a periodic report for the foreign entity is due pursuant to part 5 of this article, the foreign entity is relieved of its obligation to file such annual report or pay the fee therefor.
L. 2003: Entire part added, p. 2308, § 217, effective 7/1/2004. L. 2004: (1)(c) and (1)(g) amended, p. 1494, § 240, effective July 1; (1)(f) amended, p. 1545, § 8, effective 5/30/2006. L. 2006: (1)(b), (1)(d), and (1)(f) amended, p. 876, § 62, effective July 1. L. 2010: (2) amended, (HB 10 -1403), ch. 404, p. 1998, § 19, effective August 11.
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 8 - FOREIGN ENTITIES (§§ 7-90-801 — 7-90-813) › Section 7-90-807 - Service on withdrawn foreign entity

(1)
A foreign entity with respect to which a statement of foreign entity withdrawal has been filed pursuant to section
7-90-806
shall either:
(a)
Maintain a registered agent to accept service on its behalf in any proceeding based on a cause of action arising during the time it was authorized to transact business or conduct activities in this state; or
(b)
Be deemed to have authorized service of process on it in connection with such causes of action by mailing in accordance with section
7-90-704 (2)
.
(2)
Subsection (1) of this section does not prescribe the only means, or necessarily the required means, of serving a foreign entity with respect to which a statement of foreign entity withdrawal has been filed.
L. 2003: Entire part added, p. 2309, § 217, effective 7/1/2004.
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 8 - FOREIGN ENTITIES (§§ 7-90-801 — 7-90-813) › Section 7-90-808 - [Repealed]

L. 2003: Entire part added, p. 2309, § 217, effective 7/1/2004. L. 2005: Entire section repealed, p. 1218, § 26, effective October 1.
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 8 - FOREIGN ENTITIES (§§ 7-90-801 — 7-90-813) › Section 7-90-809 - [Repealed]

L. 2003: Entire part added, p. 2310, § 217, effective 7/1/2004. L. 2005: Entire section repealed, p. 1218, § 26, effective October 1.