§ 7-107-103 — Court-ordered meeting

(1) The holding of a meeting of the
shareholders may be summarily ordered by the district court for the county in this
state in which the street address of the corporation's principal office is located or, if
the corporation has no principal office in this state, by the district court for the
county in which the street address of its registered agent is located or, if the
corporation has no registered agent, by the district court for the city and county of
Denver:

(a) On application of any shareholder entitled to participate in an annual
meeting if an annual meeting was not held within the earlier of six months after the
close of the corporation's most recently ended fiscal year or fifteen months after its
last annual meeting; or

(b) On application of any person who participated in a call of or demand for a
special meeting effective under section 7-107-102 (1), if:

(I) Notice of the special meeting was not given within thirty days after the
date of the call or the date the last of the demands necessary to require the calling
of the meeting was received by the corporation pursuant to section 7-107-102 (1)(b),
as the case may be; or

(II) The special meeting was not held in accordance with the notice.

(2) The court may fix the time and place of the meeting, determine the
shares entitled to participate in the meeting, fix a record date for determining
shareholders entitled to notice of and to vote at the meeting, prescribe the form
and content of the notice of the meeting, fix the quorum required for specific
matters to be considered at the meeting or direct that the votes represented at the
meeting constitute a quorum for action on those matters, and enter other orders
necessary or appropriate to accomplish the holding of the meeting.

Legislative History

Source: L. 93: Entire article added, p. 765, � 1, effective July 1, 1994. L. 96: IP(1) amended, p. 1316, � 17, effective June 1. L. 2003: IP(1) and (2) amended, p. 2317, � 234, effective July 1, 2004.