§ 7-71-104 — Effect of filing a statement of trade name

Colorado § 7-71-104

• Jurisdiction: Colorado
• Title 07: Corporations
• Art.: Trade Names

Text

(1) (a) A filed
statement of trade name shall become effective as provided in section 7-90-304,
and, unless the statement of trade name is withdrawn in accordance with section 7-71-106, for reporting entities shall remain effective in perpetuity, subject to the
provisions of paragraphs (b) and (c) of this subsection (1), and for persons other than
reporting entities shall remain effective only through the last day of the twelfth
calendar month following the calendar month in which the statement of trade name
becomes effective, unless it is renewed in accordance with section 7-71-105.

(b) A filed statement of trade name of a delinquent entity shall remain
effective only through the last day of the twelfth calendar month following the
calendar month of the effective date of delinquency under section 7-90-902 (1),
unless it is renewed in accordance with section 7-71-105; except that this
paragraph (b) shall not apply to a filed statement of trade name of a delinquent
entity that cures its delinquency pursuant to section 7-90-904 (1) while such filed
statement of trade name is effective.

(c) A filed statement of trade name of a dissolved reporting entity shall
remain effective only through the last day of the twelfth calendar month following
the calendar month of the effective date of dissolution of the entity, unless it is
renewed in accordance with section 7-71-105; except that this paragraph (c) shall
not apply to a filed statement of trade name of a dissolved entity that is reinstated
while such filed statement of trade name is effective.

(2) A person having an effective statement of trade name on file in the
records of the secretary of state shall be liable in connection with the business
transacted in this state by the person under the trade name stated in the statement
of trade name to the same extent and in the same manner as if the business were
transacted under its true name.

(3) A person having an effective statement of trade name on file in the
records of the secretary of state at the time an action is brought by another person
may be sued under the trade name stated in the statement of trade name in
connection with any business transacted by the person in this state under the trade
name with the person bringing the action.

Legislative History

Source: L. 2004: Entire article R&RE, p. 1540, � 1, effective May 30, 2006. L. 2006: (1) amended, p. 852, � 14, effective May 30. L. 2010: (1)(b) amended, (HB 10-1403), ch. 404, p. 1994, � 8, effective August 11.