§ 7-90-306 — Filing duty of secretary of state - manner of filing - definition

Colorado § 7-90-306

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

Text

(1)
If a document delivered to the secretary of state for filing pursuant to this part 3
complies with the requirements of section 7-90-301, the secretary of state shall file
it. The secretary of state has no duty to determine whether the document complies
with any or all requirements of any law.

(2) The secretary of state files a document by marking or otherwise
associating the words secretary of state and the time and date of filing on or with
the document and by placing the document in records that the secretary of state
shall maintain to contain all filed documents. The records of filed documents that
the secretary of state maintains shall be such that any filed document may be
retrieved by the secretary of state in perceivable form and with the time and date of
its filing.

(3) If the secretary of state permits a document to be delivered in a physical
medium and the secretary of state refuses to file the document, the secretary of
state shall return it to any individual who has been identified, pursuant to section 7-90-301 (8), as having caused the document to be delivered for filing at the address
provided for that individual, together with a notice providing a brief explanation of
the reason for the refusal, within ten days after the document was delivered to the
secretary of state; except that no return or notice is required with respect to a
periodic report that the secretary of state has refused to file.

(4) The secretary of state's duty to file documents under this title is
ministerial. The filing of or refusal to file a document does not:

(a) Affect the validity or invalidity of the document in whole or in part;

(b) Relate to the correctness or incorrectness of information contained in the
document; or

(c) Create a presumption that the document is valid or invalid or that
information contained in the document is correct or incorrect.

(5) (a) Notwithstanding the foregoing or any other provision of law, the
secretary of state may, upon receipt of a written request from and a showing of
good cause by an authorized person supported by such validating, verifying, and
authenticating documents as the secretary of state may require, remove personal
identifying information from the publicly accessible documents and other records
of the secretary of state maintained pursuant to this section where such
information is not required by law to be included in such documents and records.

(b) A document or record from which the secretary of state removes
personal identifying information pursuant to paragraph (a) of this subsection (5)
shall not be rendered insufficient or ineffective by such removal notwithstanding
any other provision of law.

(c) The secretary of state may retain the original or a copy of a document or
record that contains personal identifying information, but such a document or
record shall be open for inspection, and copies or printouts of the document or
record or information from the document or record shall be furnished only upon
application to the secretary of state and only for good cause shown
notwithstanding any provision of part 2 of article 72 of title 24, C.R.S., or any other
provision of law.

(6) For the purposes of this section, personal identifying information means
information about an individual that could reasonably be used to identify such
individual, including, but not limited to:

(a) A social security number;

(b) A personal identification number;

(c) A password; or

(d) A pass code.

Legislative History

Source: L. 97: Entire article added, p. 1520, � 21, effective June 3. L. 98: (2) amended, p. 622, � 21, effective July 1. L. 2002: (1), (2), and IP(4) amended, p. 1842, � 95, effective July 1; (1), (2), and IP(4) amended, p. 1706, � 93, effective October 1. L. 2003: (1), (2), and (3) amended, p. 2294, � 204, effective July 1, 2004. L. 2004: (1), (2), and (3) amended, p. 1481, � 216, effective July 1. L. 2005: (5) and (6) added, p. 847, � 5, effective June 1; (3) amended, p. 1208, � 10, effective October 1. L. 2010: (3) amended, (HB 10-1403), ch. 404, p. 1996, � 13, effective August 11. L. 2021: (3) amended, (HB 21-1124), ch. 41, p. 162, � 4, effective April 19.