§ 7-71-108 — Recording of trade name affidavit

(1) An affidavit stating that a
person may hold title to real property in this state under one or more trade names
may be recorded in the office of the clerk and recorder of any county in this state in
which the person owns, or contemplates owning, any real property or interest in
real property and, upon such recording, shall constitute prima facie evidence of the
facts recited in the affidavit insofar as such facts affect title to real property
located in such county. The affidavit shall include the following:

(a) The true name of the person to which the affidavit relates;

(b) If the person is an entity, the form of entity and the jurisdiction under the
law of which it is formed;

(c) If the person is an individual, the street address of the individual's primary
residence or usual place of business in this state if the individual has one, or outside
this state if the individual has no primary residence or usual place of business in this
state, and, if different, the mailing address of the individual or, if the person is an
entity, the street address of the entity's usual place of business in this state if it has
one, or outside this state if it has no usual place of business in this state and, if
different, the mailing address of the entity; and

(d) The trade name or trade names under which the person may hold title to
real property in this state.

(2) If the person to which the affidavit relates is not an individual and is
capable of holding title to real property under the law of this state, the affidavit
also shall be a statement of authority under section 38-30-172, C.R.S., with the
effect of a statement of authority as provided in such section, if the affidavit also
contains the following:

(a) The true name or position of the person authorized to execute
instruments conveying, encumbering, or otherwise affecting title to real property
on behalf of the person to which the affidavit relates; and

(b) Any limitation that may exist upon the authority of the person named in
the affidavit or holding the position described in the affidavit to bind the person to
which the affidavit relates or a statement that no such limitation exists.

Legislative History

Source: L. 2004: Entire article R&RE, p. 1542, � 1, effective May 30, 2006.