reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 134 - DISSOLUTION (§§ 7-134-101 — 7-134-501) › Part 3 - JUDICIAL DISSOLUTION (§§ 7-134-301 — 7-134-304) › Section 7-134-301 - Grounds for judicial dissolution

(1)
A nonprofit corporation may be dissolved in a proceeding by the attorney general if it is established that:
(a)
The nonprofit corporation obtained its articles of incorporation through fraud; or
(b)
The nonprofit corporation has continued to exceed or abuse the authority conferred upon it by law.
(2)
A nonprofit corporation may be dissolved in a proceeding by a director or member if it is established that:
(a)
The directors are deadlocked in the management of the corporate affairs, the members, if any, are unable to break the deadlock, and irreparable injury to the nonprofit corporation is threatened or being suffered;
(b)
The directors or those otherwise in control of the nonprofit corporation have acted, are acting, or will act in a manner that is illegal, oppressive, or fraudulent;
(c)
The members are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired or would have expired upon the election of their successors; or
(d)
The corporate assets are being misapplied or wasted.
(3)
A nonprofit corporation may be dissolved in a proceeding by a creditor if it is established that:
(a)
The creditor's claim has been reduced to judgment, the execution on the judgment has been returned unsatisfied, and the nonprofit corporation is insolvent; or
(b)
The nonprofit corporation is insolvent and the nonprofit corporation has admitted in writing that the creditor's claim is due and owing.
(4)
(a)
If a nonprofit corporation has been dissolved by voluntary action taken under part 1 of this article:
(I)
The nonprofit corporation may bring a proceeding to wind up and liquidate its business and affairs under judicial supervision in accordance with section
7-134-105
; and
(II)
The attorney general, a director, a member, or a creditor may bring a proceeding to wind up and liquidate the affairs of the nonprofit corporation under judicial supervision in accordance with section
7-134-105
, upon establishing the grounds set forth in subsections (1) to (3) of this section.
(b)
As used in sections
7-134-302
to
7-134-304
, a "proceeding to dissolve a nonprofit corporation" includes a proceeding brought under this subsection (4), and a "decree of dissolution" includes an order of court entered in a proceeding under this subsection (4) that directs that the affairs of a nonprofit corporation shall be wound up and liquidated under judicial supervision.
L. 97: Entire article added, p. 728, § 3, effective 7/1/1998. L. 2004: (4)(b) amended, p. 1514, § 308, effective July 1. L. 2005: IP(4)(a) amended, p. 1219, § 30, effective October 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 134 - DISSOLUTION (§§ 7-134-101 — 7-134-501) › Part 3 - JUDICIAL DISSOLUTION (§§ 7-134-301 — 7-134-304) › Section 7-134-302 - Procedure for judicial dissolution

(1)
A proceeding by the attorney general to dissolve a nonprofit corporation shall be brought in the district court for the county in this state in which the street address of the nonprofit corporation's principal office or the street address of its registered agent is located or, if the nonprofit corporation has no principal office in this state and no registered agent, in the district court for the city and county of Denver. A proceeding brought by any other party named in section
7-134-301
shall be brought in the district court for the county in this state in which the street address of the nonprofit corporation's principal office is located or, if it 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 nonprofit corporation has no registered agent, in the district court for the city and county of Denver.
(2)
It is not necessary to make directors or members parties to a proceeding to dissolve a nonprofit corporation unless relief is sought against them individually.
(3)
A court in a proceeding brought to dissolve a nonprofit corporation may issue injunctions, appoint a receiver or custodian pendente lite with all powers and duties the court directs, take other action required to preserve the corporate assets wherever located, and carry on the activities of the nonprofit corporation until a full hearing can be held.
L. 97: Entire article added, p. 729, § 3, effective 7/1/1998. L. 2003: (1) amended, p. 2349, § 328, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 134 - DISSOLUTION (§§ 7-134-101 — 7-134-501) › Part 3 - JUDICIAL DISSOLUTION (§§ 7-134-301 — 7-134-304) › Section 7-134-303 - Receivership or custodianship

(1)
A court in a judicial proceeding to dissolve a nonprofit corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage, the affairs of the nonprofit corporation. The court shall hold a hearing, after giving notice to all parties to the proceeding and any interested persons designated by the court, before appointing a receiver or custodian. The court appointing a receiver or custodian has exclusive jurisdiction over the nonprofit corporation and all of its property, wherever located.
(2)
The court may appoint an individual, a domestic entity, or a foreign entity authorized to transact business or conduct activities in this state, or a domestic or foreign nonprofit corporation authorized to transact business or conduct activities in this state as a receiver or custodian. The court may require the receiver or custodian to post bond, with or without sureties, in an amount stated by the court.
(3)
The court shall describe the powers and duties of the receiver or custodian in its appointing order which may be amended from time to time. Among other powers the receiver shall have the power to:
(a)
Dispose of all or any part of the property of the nonprofit corporation, wherever located, at a public or private sale, if authorized by the court; and
(b)
Sue and defend in the receiver's own name as receiver of the nonprofit corporation in all courts.
(4)
The custodian may exercise all of the powers of the nonprofit corporation, through or in place of its board of directors or officers, to the extent necessary to manage the affairs of the nonprofit corporation in the best interests of its members and creditors.
(5)
The court, during a receivership, may redesignate the receiver a custodian and during a custodianship may redesignate the custodian a receiver if doing so is in the best interests of the nonprofit corporation and its members and creditors.
(6)
The court from time to time during the receivership or custodianship may order compensation paid and expense disbursements or reimbursements made to the receiver or custodian and such person's counsel from the assets of the nonprofit corporation or proceeds from the sale of the assets.
L. 97: Entire article added, p. 730, § 3, effective 7/1/1998. L. 2003: (2) amended, p. 2349, § 329, effective 7/1/2004. L. 2004: (1) amended, p. 1515, § 309, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 134 - DISSOLUTION (§§ 7-134-101 — 7-134-501) › Part 3 - JUDICIAL DISSOLUTION (§§ 7-134-301 — 7-134-304) › Section 7-134-304 - Decree of dissolution

(1)
If after a hearing the court determines that one or more grounds for judicial dissolution described in section
7-134-301
exist, it may enter a decree dissolving the nonprofit corporation and stating the effective date of the dissolution, and the clerk of the court shall deliver a certified copy of the decree to the secretary of state for filing pursuant to part 3 of article
90
of this title.
(2)
After entering the decree of dissolution, the court shall direct the winding up and liquidation of the nonprofit corporation's activities in accordance with section
7-134-105
and the giving of notice to claimants in accordance with sections
7-90-911
and
7-90-912
.
(3)
The court's order or decision may be appealed as in other civil proceedings.
L. 97: Entire article added, p. 731, § 3, effective 7/1/1998. L. 2003: (1) and (2) amended, p. 2350, § 330, effective 7/1/2004. L. 2004: (2) amended, p. 1515, § 310, effective July 1. L. 2006: (2) amended, p. 883, § 84, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 134 - DISSOLUTION (§§ 7-134-101 — 7-134-501) › Part 4 - DISSOLUTION UPON EXPIRATION OF PERIOD OF DURATION (§ 7-134-401) › Section 7-134-401 - Dissolution upon expiration of period of duration

(1)
A nonprofit corporation shall be dissolved upon and by reason of the expiration of its period of duration, if any, stated in its articles of incorporation.
(2)
A provision in the articles of incorporation to the effect that the nonprofit corporation or its existence shall be terminated at a stated date or after a stated period of time or upon a contingency, or any similar provision, shall be deemed to be a provision for a period of duration within the meaning of this section. The occurrence of such date, the expiration of the stated period of time, the occurrence of such contingency, or the satisfaction of such provision shall be deemed to be the expiration of the nonprofit corporation's period of duration for purposes of this section.
L. 97: Entire article added, p. 731, § 3, effective 7/1/1998. L. 2003: (2) amended, p. 2350, § 331, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 134 - DISSOLUTION (§§ 7-134-101 — 7-134-501) › Part 5 - MISCELLANEOUS (§ 7-134-501) › Section 7-134-501 - Deposit with state treasurer

Assets of a dissolved nonprofit corporation that should be transferred to a creditor, claimant, or member of the nonprofit corporation who cannot be found or who is not legally competent to receive them shall be reduced to cash and deposited with the state treasurer as property presumed to be abandoned under the provisions of article
13
of title
38
, C.R.S.
L. 97: Entire article added, p. 732, § 3, effective 7/1/1998.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 135 - FOREIGN NONPROFIT CORPORATIONS - AUTHORITY TO CONDUCT ACTIVITIES (§ 7-135-101) › Section 7-135-101 - Authority to conduct activities required

Part 8 of article
90
of this title, providing for the transaction of business or the conduct of activities by foreign entities, applies to foreign nonprofit corporations.
L. 2003: Entire article R&RE, p. 2350, § 332, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 136 - RECORDS, INFORMATION, AND REPORTS (§§ 7-136-101 — 7-136-109) › Section 7-136-101 - Corporate records

(1)
A nonprofit corporation shall keep as permanent records minutes of all meetings of its members and board of directors, a record of all actions taken by the members or board of directors without a meeting, a record of all actions taken by a committee of the board of directors in place of the board of directors on behalf of the nonprofit corporation, and a record of all waivers of notices of meetings of members and of the board of directors or any committee of the board of directors.
(2)
A nonprofit corporation shall maintain appropriate accounting records.
(3)
A nonprofit corporation or its agent shall maintain a record of its members in a form that permits preparation of a list of the name and address of all members in alphabetical order, by class, showing the number of votes each member is entitled to vote.
(4)
A nonprofit corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time.
(5)
A nonprofit corporation shall keep a copy of each of the following records at its principal office:
(a)
Its articles of incorporation;
(b)
Its bylaws;
(c)
Resolutions adopted by its board of directors relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members;
(d)
The minutes of all members' meetings, and records of all action taken by members without a meeting, for the past three years;
(e)
All written communications within the past three years to members generally as members;
(f)
A list of the names and business or home addresses of its current directors and officers;
(g)
A copy of its most recent periodic report pursuant to part 5 of article
90
of this title; and
(h)
All financial statements prepared for periods ending during the last three years that a member could have requested under section
7-136-106
.
L. 97: Entire article added, p. 742, § 3, effective 7/1/1998. L. 2000: (5)(g) amended, p. 987, § 98, effective July 1. L. 2003: (5)(g) amended, p. 2350, § 333, effective 7/1/2004. L. 2010: (5)(g) amended, (HB 10 -1403), ch. 404, p. 2000, § 27, effective August 11.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 136 - RECORDS, INFORMATION, AND REPORTS (§§ 7-136-101 — 7-136-109) › Section 7-136-102 - Inspection of corporate records by members

(1)
A member is entitled to inspect and copy, during regular business hours at the nonprofit corporation's principal office, any of the records of the nonprofit corporation described in section
7-136-101 (5)
if the member gives the nonprofit corporation written demand at least five business days before the date on which the member wishes to inspect and copy such records.
(2)
Pursuant to subsection (5) of this section, a member is entitled to inspect and copy, during regular business hours at a reasonable location stated by the nonprofit corporation, any of the other records of the nonprofit corporation if the member meets the requirements of subsection (3) of this section and gives the nonprofit corporation written demand at least five business days before the date on which the member wishes to inspect and copy such records.
(3)
A member may inspect and copy the records described in subsection (2) of this section only if:
(a)
The member has been a member for at least three months immediately preceding the demand to inspect or copy or is a member holding at least five percent of the voting power as of the date the demand is made;
(b)
The demand is made in good faith and for a proper purpose;
(c)
The member describes with reasonable particularity the purpose and the records the member desires to inspect; and
(d)
The records are directly connected with the described purpose.
(4)
For purposes of this section:
(a)
"Member" includes a beneficial owner whose membership interest is held in a voting trust and any other beneficial owner of a membership interest who establishes beneficial ownership.
(b)
"Proper purpose" means a purpose reasonably related to the demanding member's interest as a member.
(5)
The right of inspection granted by this section may not be abolished or limited by the articles of incorporation or bylaws.
(6)
This section does not affect:
(a)
The right of a member to inspect records under section
7-127-201
;
(b)
The right of a member to inspect records to the same extent as any other litigant if the member is in litigation with the nonprofit corporation; or
(c)
The power of a court, independent of articles
121
to
137
of this title, to compel the production of corporate records for examination.
L. 97: Entire article added, p. 743, § 3, effective 7/1/1998. L. 2003: (2) amended, p. 2351, § 334, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 136 - RECORDS, INFORMATION, AND REPORTS (§§ 7-136-101 — 7-136-109) › Section 7-136-103 - Scope of member's inspection right

(1)
A member's agent or attorney has the same inspection and copying rights as the member.
(2)
The right to copy records under section
7-136-102
includes, if reasonable, the right to receive copies made by photographic, xerographic, electronic, or other means.
(3)
Except as provided in section
7-136-106
, the nonprofit corporation may impose a reasonable charge, covering the costs of labor and material, for copies of any documents provided to the member. The charge may not exceed the estimated cost of production and reproduction of the records.
(4)
The nonprofit corporation may comply with a member's demand to inspect the record of members under section
7-136-102 (2)
by furnishing to the member a list of members that complies with section
7-136-101 (3)
and was compiled no earlier than the date of the member's demand.
Amended by 2016 Ch. 210, § 8, eff. 6/6/2016.
L. 97: Entire article added, p. 744, § 3, effective 7/1/1998. L. 2016: (4) amended, (SB 16-189), ch. 210, p. 754, § 8, effective June 6.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 136 - RECORDS, INFORMATION, AND REPORTS (§§ 7-136-101 — 7-136-109) › Section 7-136-104 - Court-ordered inspection of corporate records

(1)
If a nonprofit corporation refuses to allow a member, or the member's agent or attorney, who complies with section
7-136-102 (1)
to inspect or copy any records that the member is entitled to inspect or copy by said section, the district court for the county in this state in which the street address of the nonprofit corporation's principal office is located or, if the nonprofit corporation has no principal office in this state, the district court for the county in which the street address of its registered agent is located or, if the nonprofit corporation has no registered agent, the district court for the city and county of Denver may, on application of the member, summarily order the inspection or copying of the records demanded at the nonprofit corporation's expense.
(2)
If a nonprofit corporation refuses to allow a member, or the member's agent or attorney, who complies with section
7-136-102 (2) and (3)
to inspect or copy any records that the member is entitled to inspect or copy pursuant to section
7-136-102 (2) and (3)
within a reasonable time following the member's demand, the district court for the county in this state in which the street address of the nonprofit corporation's principal office is located or, if the nonprofit corporation has no principal office in this state, the district court for the county in which the street address of its registered agent is located or, if the nonprofit corporation has no registered agent, the district court for the city and county of Denver may, on application of the member, summarily order the inspection or copying of the records demanded.
(3)
If a court orders inspection or copying of the records demanded, unless the nonprofit corporation proves that it refused inspection or copying in good faith because it had a reasonable basis for doubt about the right of the member, or the member's agent or attorney, to inspect or copy the records demanded:
(a)
The court shall also order the nonprofit corporation to pay the member's costs, including reasonable counsel fees, incurred to obtain the order;
(b)
The court may order the nonprofit corporation to pay the member for any damages the member incurred;
(c)
If inspection or copying is ordered pursuant to subsection (2) of this section, the court may order the nonprofit corporation to pay the member's inspection and copying expenses; and
(d)
The court may grant the member any other remedy provided by law.
(4)
If a court orders inspection or copying of records demanded, it may impose reasonable restrictions on the use or distribution of the records by the demanding member.
L. 97: Entire article added, p. 745, § 3, effective 7/1/1998. L. 2003: (1) and (2) amended, p. 2351, § 335, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 136 - RECORDS, INFORMATION, AND REPORTS (§§ 7-136-101 — 7-136-109) › Section 7-136-105 - Limitations on use of membership list

(1)
Without consent of the board of directors, a membership list or any part thereof may not be obtained or used by any person for any purpose unrelated to a member's interest as a member.
(2)
Without limiting the generality of subsection (1) of this section, without the consent of the board of directors a membership list or any part thereof may not be:
(a)
Used to solicit money or property unless such money or property will be used solely to solicit the votes of the members in an election to be held by the nonprofit corporation;
(b)
Used for any commercial purpose; or
(c)
Sold to or purchased by any person.
L. 97: Entire article added, p. 746, § 3, effective 7/1/1998.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 136 - RECORDS, INFORMATION, AND REPORTS (§§ 7-136-101 — 7-136-109) › Section 7-136-106 - Financial statements

Upon the written request of any member, a nonprofit corporation shall mail to such member its most recent annual financial statements, if any, and its most recently published financial statements, if any, showing in reasonable detail its assets and liabilities and results of its operations.
L. 97: Entire article added, p. 746, § 3, effective 7/1/1998.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 136 - RECORDS, INFORMATION, AND REPORTS (§§ 7-136-101 — 7-136-109) › Section 7-136-107 - Periodic report to secretary of state

Part 5 of article
90
of this title, providing for periodic reports from reporting entities, applies to domestic nonprofit corporations and applies to foreign nonprofit corporations that are authorized to transact business or conduct activities in this state.
L. 97: Entire article added, p. 746, § 3, effective 7/1/1998. L. 2000: Entire section R&RE, p. 987, § 99, effective July 1. L. 2003: Entire section amended, p. 2351, § 336, effective 7/1/2004. L. 2004: Entire section amended, p. 1515, § 311, effective July 1. L. 2010: Entire section amended, (HB 10 -1403), ch. 404, p. 2000, § 28, effective August 11.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 136 - RECORDS, INFORMATION, AND REPORTS (§§ 7-136-101 — 7-136-109) › Section 7-136-108 - [Repealed]

L. 97: Entire article added, p. 748, § 3, 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) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 136 - RECORDS, INFORMATION, AND REPORTS (§§ 7-136-101 — 7-136-109) › Section 7-136-109 - [Repealed]

L. 97: Entire article added, p. 748, § 3, effective 7/1/1998. L. 2002: (4) amended, p. 1859, § 154, effective July 1; (4) amended, p. 1724, § 156, effective October 1. L. 2003: (4) and (5) amended, p. 2351, § 337, effective 7/1/2004. L. 2004: (1) amended, p. 1515, § 312, effective July 1. L. 2006: Entire section repealed, p. 884, § 87, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 137 - TRANSITION PROVISIONS (§§ 7-137-101 — 7-137-301) › Part 1 - APPLICATION OF ACT (§§ 7-137-101 — 7-137-103) › Section 7-137-103 - Application to foreign nonprofit corporations

A foreign nonprofit corporation authorized to transact business or conduct activities in this state on June 30, 1998, is subject to articles
121
to
137
of this title but is not required to obtain new authorization to transact business or conduct activities under said articles.
L. 97: Entire article added, p. 751, § 3, effective 7/1/1998. L. 2003: Entire section amended, p. 2353, § 339, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 137 - TRANSITION PROVISIONS (§§ 7-137-101 — 7-137-301) › Part 2 - ELECTION BY PRE-1968 CORPORATE ENTITIES (§§ 7-137-201 — 7-137-204) › Section 7-137-202 - Statement of election to accept articles 121 to 137 of this title

(1)
A statement of election to accept articles
121
to 137 of this title shall state:
(a)
The domestic entity name of the corporate entity;
(b)
A statement by the corporate entity that it has elected to accept said articles and that all required reports have been or will be filed and all fees, taxes, and penalties due to the state of Colorado accruing under any law to which the corporate entity heretofore has been subject have been paid;
(c)
If there are members or stockholders entitled to vote thereon, a statement stating the date of the meeting of such members or stockholders at which the election to accept articles 121 to
137
of this title was made, that a quorum was present at the meeting, and that such acceptance was authorized by at least two-thirds of the votes that members or stockholders present at such meeting in person or by proxy were entitled to cast;
(d)
If there are no members or stockholders entitled to vote thereon, a statement of such fact, the date of the meeting of the board of directors at which election to accept said articles was made, that a quorum was present at the meeting, and that such acceptance was authorized by a majority vote of the directors in office;
(e)
A statement that the corporate entity followed the requirements of the law under which it was formed, its articles of incorporation, and its bylaws so far as applicable in effecting such acceptance;
(f) and (g)
Repealed.
(h)
A statement that any attached copy of the articles of incorporation, affidavit, or other basic corporate charter of the corporate entity is true and correct;
(i)
If the corporate entity has issued shares of stock, a statement of such fact including the number of shares heretofore authorized, the number issued and outstanding, and a statement that all issued and outstanding shares of stock have been delivered to the corporate entity to be canceled upon the acceptance of articles
121
to 137 of this title by the corporate entity becoming effective and that from and after the effective date of said acceptance the authority of the corporate entity to issue shares of stock is terminated; except that this shall not apply to corporate entities formed for the acquisition and distribution of water to their stockholders.
L. 97: Entire article added, p. 753, § 3, effective 7/1/1998. L. 2003: IP(1), (1)(a), (1)(c), (1)(e), (1)(f), and (1)(i) amended, p. 2354, § 341, effective 7/1/2004. L. 2004: (1)(f) and (1)(g) repealed, p. 1516, § 315, effective July 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 137 - TRANSITION PROVISIONS (§§ 7-137-101 — 7-137-301) › Part 2 - ELECTION BY PRE-1968 CORPORATE ENTITIES (§§ 7-137-201 — 7-137-204) › Section 7-137-203 - Filing statement of election to accept articles 121 to 137 of this title

The statement of election to accept articles
121
to 137 of this title shall be delivered to the secretary of state for filing pursuant to part 3 of article
90
of this title.
L. 97: Entire article added, p. 754, § 3, effective 7/1/1998. L. 2002: Entire section amended, p. 1859, § 155, effective July 1; entire section amended, p. 1724, § 157, effective October 1.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 137 - TRANSITION PROVISIONS (§§ 7-137-101 — 7-137-301) › Part 2 - ELECTION BY PRE-1968 CORPORATE ENTITIES (§§ 7-137-201 — 7-137-204) › Section 7-137-204 - Effect of certificate of acceptance

(1)
Upon the filing by the secretary of state of the statement of election to accept articles
121
to 137 of this title, the election of the corporate entity to accept said articles shall become effective.
(2)
A corporate entity so electing under articles 121 to
137
of this title or corresponding provision of prior law shall have the same powers and privileges and be subject to the same duties, restrictions, penalties, and liabilities as though such corporate entity had been originally formed under said articles and shall also be subject to any duties or obligations expressly imposed upon the corporate entity by a special charter, subject to the following:
(a)
If no period of duration is expressly fixed in the articles of incorporation of such corporate entity, its period of duration shall be deemed to be perpetual.
(b)
No amendment to the articles of incorporation adopted after such election to accept articles
121
to 137 of this title shall release or terminate any duty or obligation expressly imposed upon any such corporate entity under and by virtue of a special charter or enlarge any right, power, or privilege granted to any such corporate entity under a special charter, except to the extent that such right, power, or privilege might have been included in the articles of incorporation of a corporate entity formed under said articles.
(c)
In the case of any corporate entity with issued shares of stock, the holders of such issued shares who surrender them to the corporate entity to be canceled upon the acceptance of said articles by the corporate entity becoming effective shall become members of the corporate entity with one vote for each share of stock so surrendered until such time as the corporate entity by proper corporate action relative to the election, qualification, terms, and voting power of members shall otherwise prescribe.
L. 97: Entire article added, p. 754, § 3, effective 7/1/1998. L. 2003: IP(2) and (2)(b) amended, p. 2355, § 342, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 7 - CORPORATIONS AND ASSOCIATIONS (§§ 7-1-101 — 7-137-301) › CORPORATIONS - CONTINUED (§§ 7-101-101 — 7-137-301) › NONPROFIT CORPORATIONS (§§ 7-121-101 — 7-137-301) › Article 137 - TRANSITION PROVISIONS (§§ 7-137-101 — 7-137-301) › Part 3 - SAVING PROVISIONS (§ 7-137-301) › Section 7-137-301 - Saving provisions

(1)
Except as provided in subsection (3) of this section, the repeal of any provision of the "Colorado Nonprofit Corporation Act", articles
20
to 29 of this title, does not affect:
(a)
The operation of the statute, or any action taken under it, before its repeal;
(b)
Any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the provision before its repeal;
(c)
Any violation of the provision, or any penalty, forfeiture, or punishment incurred because of the violation, before its repeal; or
(d)
Any proceeding or reorganization commenced under the provision before its repeal, and the proceeding or reorganization may be completed in accordance with the provision as if it had not been repealed.
(2)
Except as provided in subsection (3) of this section or in sections
7-137-101 (1)(b)
and
7-137-102 (4)
for the reinstatement, as provided in part 10 of article
90
of this title, of a corporate entity suspended, declared defunct, or administratively dissolved before July 1, 1998, any dissolution commenced under the provision before its repeal may be completed in accordance with the provision as if it had not been repealed.
(3)
If a penalty or punishment imposed for violation of any provision of the "Colorado Nonprofit Corporation Act", articles 20 to
29
of this title, is reduced by articles
121
to 137 of this title, the penalty or punishment, if not already imposed, shall be imposed in accordance with said articles.
L. 97: Entire article added, p. 754, § 3, effective 7/1/1998. L. 2003: (2) amended, p. 2355, § 343, effective 7/1/2004.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Article 1 - DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Section 8-1-102 - Industrial claim appeals office - creation - powers and duties

(1)
There is created in the office of the executive director of the department of labor and employment the industrial claim appeals office, which consists of five industrial claim appeals examiners who are appointed to serve on the industrial claim appeals panel by the executive director pursuant to section 13 of article XII of the state constitution and the laws and rules governing the state personnel system. The industrial claim appeals office is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions under the office of the executive director of the department. Decisions and orders of the industrial claim appeals panel may be made by two appeals examiners. In the event of a disagreement between the two appeals examiners, a third appeals examiner shall review the case, and the decision and final order of the appeals panel shall reflect the collective decision of all three appeals examiners.
(2)
The industrial claim appeals panel has the duty and the power to conduct administrative appellate review of any order entered pursuant to articles
43
and
74
of this title and to make a decision on said appeal.
Amended by 2022 Ch. 469,§83, eff. 8/10/2022.
L. 15: p. 564, § 5. C.L. § 4329. CSA: C. 97, § 5. CRS 53: § 80-1-4. C.R.S. 1963: § 80-1-4. L. 69: p. 574, § 21. L. 83: (1) amended, p. 401, § 1, effective July 1. L. 84: (1) amended, p. 298, § 1, effective July 1. L. 86: Entire section R&RE, p. 463, § 3, effective July 1. L. 89: (1) amended, p. 371, § 1, effective July 1. L. 91: (2) amended, p. 1291, § 1, effective July 1. L. 92: (1) amended, p. 1811, § 1, effective March 19.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the powers, duties, and functions of the industrial claim appeals office, see articles 43 and 74 of this title 8.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Article 1 - DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Section 8-1-104 - Director - seal

(1)
Repealed.
(2)
The director shall have a seal upon which shall be inscribed the words "Director - Division of Labor Standards and Statistics - Department of Labor and Employment - Colorado - Seal". The director's seal shall be affixed to all orders, awards, and copies thereof of the division and to such other instruments as the director shall direct.
(3)
All courts of the state shall take judicial notice of said seal. Any copy of an order, award, or record of the director under his seal shall be received in all courts as evidence as if such copy were the original thereof.
Amended by 2016 Ch. 131,§ 3, eff. 8/10/2016.
L. 15: p. 567, § 7. C.L. § 4331. CSA: C. 97, § 7. CRS 53: § 80-1-6. C.R.S. 1963: § 80-1-6. L. 69: p. 575, § 23. L. 86: (1) repealed and (3) amended, pp. 502, 464, §§ 125, 5, effective July 1. L. 2016: (2) amended, (HB 16-1323), ch. 131, p. 376, § 3, effective August 10.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Article 1 - DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Section 8-1-105 - Offices and supplies

The division shall have offices in the city and county of Denver and at such other places in the state as the executive director of the department may direct. The division shall be provided with suitable office space by the office of state planning and budgeting. The division is authorized to procure all necessary office furniture, stationery, books, periodicals, maps, instruments, apparatus, appliances, and other supplies and incur such other expenses as necessary, and the same shall be paid for in the same manner as other expenses authorized by law. The director or any deputy or referee of the division may hold sessions at any place other than the city and county of Denver when the convenience of the director, deputy, referee, or parties interested requires.
L. 15: p. 567, § 8. C.L. § 4332. CSA: C. 97, § 8. CRS 53: § 80-1-7. C.R.S. 1963: § 80-1-7. L. 69: p. 575, § 24. L. 75: Entire section amended, p. 818, § 5, effective July 18. L. 86: Entire section amended, p. 464, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Article 1 - DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Section 8-1-106 - Records - sessions

(1)
Repealed.
(2)
The division shall keep a full and accurate record of all proceedings of the division and issue all necessary processes, writs, warrants, orders, awards, and notices as the director or any deputy or referee may require. The director shall supervise the collection of data and information concerning matters within the jurisdiction of the division and shall make such reports thereon as the executive director of the department of labor and employment may require.
(3)
The sessions of the director or any deputy or referee of the division shall be open to the public and shall stand and be adjourned without further notice thereof on the record. All proceedings of the division shall be shown on its records, which shall be public records.
L. 15: p. 567, § 9. C.L. § 4333. CSA: C. 97, § 9. CRS 53: § 80-1-8. C.R.S. 1963: § 80-1-8. L. 69: p. 575, § 25. L. 86: (3) amended and (1) repealed, pp. 464, 502, §§ 7, 125, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Article 1 - DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Section 8-1-108 - Orders effective - when - validity presumed

(1)
All general orders shall be effective ten days after they are adopted by the director and posted upon the bulletin board of the division in its offices in the city and county of Denver. Special orders shall take effect as therein directed.
(2)
The director, upon application of any person, may grant such time as may be reasonably necessary for compliance with any order. Any person may petition the director for an extension of time, which the director shall grant if he finds such an extension of time necessary.
(3)
All orders of the division shall be valid and in force and prima facie reasonable and lawful until they are found otherwise in an action brought for that purpose, pursuant to the provisions of this article, or until altered or revoked by the director.
(4)
Substantial compliance with the requirements of this article shall be sufficient to give effect to the orders or awards of the director, and they shall not be declared inoperative, illegal, or void for any omission of a technical nature with respect thereto.
L. 15: p. 570, § 12. L. 21: p. 834, § 5. C.L. § 4336. CSA: C. 97, § 12. CRS 53: § 80-1-10. C.R.S. 1963: § 80-1-10. L. 69: p. 577, § 27. L. 72: p. 602, § 97. L. 86: (1) and (3) amended, p. 1223, § 39, effective July 1; (4) amended, p. 466, § 9, effective July 1.
For the nonapplicability of this section to the "Labor Peace Act", see § 8-3-123.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Article 1 - DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Section 8-1-109 - [Repealed]

L. 15: p. 570, § 13. C.L. § 4337. CSA: C. 97, § 13. CRS 53: § 80-1-11. C.R.S. 1963: § 80-1-11. L. 73: p. 919, § 3. L. 75: Entire section repealed, p. 286, § 22, effective July 25.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Article 1 - DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Section 8-1-110 - [Repealed]

L. 15: p. 571, § 14. C.L. § 4338. CSA: C. 97. CRS 53: § 80-1-12. C.R.S. 1963:, § 80-1-12. L. 69: p. 578, § 28. L. 72: p. 602, § 98. L. 73: p. 919, § 4. L. 75: Entire section repealed, p. 286, § 22, effective July 25.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Article 1 - DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Section 8-1-111 - Jurisdiction over employer and employee relation

The director is vested with the power and jurisdiction to have such supervision of every employment and place of employment in this state as may be necessary adequately to ascertain and determine the conditions under which the employees labor, and the manner and extent of the obedience by the employer to all laws and all lawful orders requiring such employment and places of employment to be safe, and requiring the protection of the life, health, and safety of every employee in such employment or place of employment, and to enforce all provisions of law relating thereto. The director is also vested with power and jurisdiction to administer all provisions of this article with respect to the relations between employer and employee and to do all other acts and things convenient and necessary to accomplish the purposes of this article including entering into reciprocal agreements with other states and governmental entities.
L. 15: p. 571, § 15. C.L. § 4339. CSA: C. 97, § 17. CRS 53: § 80-1-15. C.R.S. 1963: § 80-1-15. L. 69: p. 578, § 29. L. 72: p. 602, § 99. L. 93: Entire section amended, p. 867, § 1, effective May 6.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Article 1 - DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Section 8-1-112 - Officers to assist in enforcing orders

It is the duty of all officers and employees of the state, counties, and municipalities, upon request of the director, to enforce in their respective departments all lawful orders of the director, insofar as the same may be applicable and consistent with the general duties of such officers and employees. It is also their duty to make such reports as the director may require concerning matters within their knowledge pertaining to the purposes of this article and to furnish to the division such facts, data, statistics, and information as may from time to time come to them pertaining to the purposes of this article and the duties of the division thereunder, and particularly all information coming to their knowledge respecting the condition of all places of employment subject to the provisions of this article as regards the health, protection, and safety of employees and the conditions under which they labor. It is the duty of the division to collect and compile such data, facts, and information as shall come to it concerning the relations between employer and employee and relating in any way to the provisions of this article.
L. 15: p. 571, § 16. C.L. § 4340. CSA: C. 97, § 18. CRS 53: § 80-1-16. C.R.S. 1963: § 80-1-16. L. 69: p. 578, § 30. L. 72: p. 603, § 100.
For the duty of governmental officers and employees to enforce orders and furnish information pursuant to the "Workers' Compensation Act of Colorado", see § 8-47-110.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Article 1 - DIVISION OF LABOR - INDUSTRIAL CLAIM APPEALS OFFICE (§§ 8-1-101 — 8-1-153) › Section 8-1-113 - Agents of division and director - powers

(1)
For the purpose of making any investigation with regard to any employment or place of employment or other matter contemplated by the provisions of this article, the director, with the approval of the executive director of the department of labor and employment, has the power to appoint temporarily, by an order in writing, any deputy or any other competent person as an agent, whose duties shall be prescribed in such order.
(2)
In the discharge of his duties such agent has every power whatsoever for obtaining information granted in this article to the director and the division, and all powers granted by law to officers authorized to take depositions are granted to such agent.
(3)
The director may conduct any number of investigations contemporaneously through different agents and may delegate to such agents the taking of all testimony bearing upon any investigation or hearing. The decision of the director shall be based upon his examination of all testimony and records. The recommendations made by such agent shall be advisory only and shall not preclude any further investigation or the taking of further testimony if the director so orders.
L. 15: p. 572, § 17. C.L. § 4341. CSA: C. 97, § 19. CRS 53: § 80-1-17. C.R.S. 1963: § 80-1-17. L. 69: p. 579, § 31. L. 72: p. 603, § 101.