§ 7-90-304 — Effective time and date of filed document

Colorado § 7-90-304

• Jurisdiction: Colorado
• Title 07: Corporations
• Art.: Colorado Corporations and Associations Act

Text

(1) Except as
provided in subsection (2) or (4) of this section, a document that is filed by the
secretary of state is effective:

(a) If no time is stated in the filed document as its effective time, then at the
time of filing on the date it is filed, as evidenced by the records of the secretary of
state; or

(b) If a time is stated in the filed document as its effective time, then at the
later of the stated time on the date it is filed, as such date is stated in the records of
the secretary of state, or the time the filed document is filed by the secretary of
state, as such time is stated in the records of the secretary of state.

(2) A filed document may state a delayed effective time and date, and if it
does so the filed document becomes effective at the later of the time and date so
stated or the time and date the filed document is filed by the secretary of state, as
such time and date are stated in the records of the secretary of state. If a filed
document states a delayed effective date but not a time, the filed document is
effective at the later of 11:59 p.m. on that date or the time and date the filed
document is filed by the secretary of state, as such time and date are stated in the
records of the secretary of state. If a filed document states a delayed effective date
that is later than the ninetieth day after the date the filed document is filed, the
filed document is effective at 11:59 p.m. on the ninetieth day after it is filed. A filed
document may state the order in which the matters provided for in the filed
document are deemed to have occurred. This subsection (2) may be limited by other
provisions of this title. In the event of conflict between this subsection (2) and any
other provision of this title, such other provision of this title controls.

(3) If a filed document states a delayed effective date pursuant to
subsection (2) of this section, the filed document may be prevented from becoming
effective if a person to which the filed document relates delivers to the secretary of
state, for filing pursuant to this part 3, on or before the earlier of the stated
effective date of the document or the ninetieth day after the filed document was
filed, a statement of correction revoking the filed document.

(4) If two or more documents are simultaneously delivered to the secretary
of state, each of the documents shall be deemed to have been filed simultaneously
if each identifies, to the satisfaction of the secretary of state, all of the documents
that are to be deemed to have been filed simultaneously and states that all of such
documents are to be deemed to have been filed simultaneously. All of such
documents shall be deemed to have been filed at the time and on the date of filing
of the first of such documents to be filed, as such time and date are evidenced by
the records of the secretary of state. If any of such documents is rejected by the
secretary of state, all of such documents shall be deemed to have been rejected by
the secretary of state.

Legislative History

Source: L. 97: Entire article added, p. 1519, � 21, effective June 3. L. 98: IP(3) amended, p. 620, � 18, effective July 1. L. 2002: (1), (2), and IP(3) amended, p. 1841, � 93, effective July 1; (1), (2), and IP(3) amended, p. 1705, � 91, effective October 1. L. 2003: Entire section amended, p. 2290, � 200, effective July 1, 2004. L. 2004: (1)(b), (2), (3), and (4) amended, p. 1478, � 212, effective July 1. L. 2006: (2) amended, p. 871, � 49, effective July 1. L. 2009: (2) amended, (HB 09-1248), ch. 252, p. 1132, � 13, effective May 14.