(1) Each reporting entity shall deliver to the
secretary of state, for filing pursuant to part 3 of this article, a periodic report that
states the entity name of the reporting entity, the jurisdiction under the law of
which the reporting entity is formed, and:
(a) and (b) (Deleted by amendment, L. 2003, p. 2296, � 210, effective July 1,
2004.)
(c) The registered agent name and registered agent address of the reporting
entity's registered agent;
(d) The principal office address of the reporting entity's principal office.
(e) (Deleted by amendment, L. 2003, p. 2296, � 210, effective July 1, 2004.)
(2) and (3) (Deleted by amendment, L. 2003, p. 2296, � 210, effective July 1,
2004.)
(4) (a) The annual report shall be made in a manner prescribed by the
secretary of state.
(b) Repealed.
(c) (I) Unless otherwise elected as provided in subparagraph (II) of this
paragraph (c), a reporting entity shall deliver its first periodic report to the
secretary of state, for filing pursuant to part 3 of this article, no later than the last
day of the second calendar month following the first anniversary of the calendar
month in which the reporting entity's constituent filed document or statement of
foreign entity authority, as the case may be, became effective or, in the case of a
reporting entity that has been reinstated or that has cured its delinquency, no later
than the last day of the second calendar month following the first anniversary of
the calendar month in which the reinstatement or curing of delinquency occurred.
Unless otherwise elected as provided in subparagraph (II) or (III) of this paragraph
(c), thereafter, the periodic report shall be delivered to the secretary of state by
each reporting entity annually.
(II) [ Editor's note: This version of subparagraph (II) is effective until ninety
days following certification by the secretary of state. (See the editor's note
following this section.) ] The secretary of state may permit, on such conditions as
the secretary of state may determine, a reporting entity to select an anniversary
month different than the anniversary month as established in subparagraph (I) of
this paragraph (c) by delivering to the secretary of state, for filing pursuant to part
3 of this article, a statement of election of alternative anniversary month.
(II) [ Editor's note: This version of subparagraph (II) is effective ninety days
following certification by the secretary of state. (See the editor's note following
this section.) ] A reporting entity may, at the time of filing the constituent filed
document or the periodic report, select an anniversary month different than the
anniversary month as established in subparagraph (I) of this paragraph (c). If an
entity elects to change its anniversary month pursuant to this subparagraph (II),
that entity may not subsequently change its anniversary month for a period of at
least one year.
(III) The secretary of state may permit, on such conditions as the secretary of
state may determine, a reporting entity to elect to file the periodic report required
by this section biennially by delivering to the secretary of state, for filing pursuant
to part 3 of this article, a statement of election of biennial reporting.
(d) Information in the periodic report shall be current as of the date the
periodic report is delivered to the secretary of state, for filing pursuant to part 3 of
this article, on behalf of the reporting entity. No periodic report shall state a
delayed effective date.
(e) (Deleted by amendment, L. 2002, p. 1843, � 98, effective July 1, 2002; p.
1707, � 96, effective October 1, 2002.)
(f) (Deleted by amendment, L. 2005, p. 1208, � 11, effective October 1, 2005.)
(5) (Deleted by amendment, L. 2005, p. 1208, � 11, effective October 1, 2005.)
(5.5) (Deleted by amendment, L. 2010, (HB 10-1403), ch. 404, p. 1997, � 15,
effective August 11, 2010.)
(6) (Deleted by amendment, L. 2004, p. 1484, � 223, effective July 1, 2004.)
(7) Each reporting entity that fails or refuses to deliver to the secretary of
state a periodic report for filing on or before the due date prescribed by subsection
(4) of this section and pay the prescribed processing fee is subject to a penalty,
which shall be determined and collected pursuant to section 24-21-104 (3), C.R.S.
(7.5) Beginning July 27, 2009, a domestic limited partnership formed under
or governed by article 62 of this title that is not a reporting limited partnership may
deliver to the secretary of state, for filing pursuant to part 3 of this article, a
statement of election to be a reporting entity stating:
(a) The domestic entity name of the domestic limited partnership;
(b) The principal office address of its principal office;
(c) The registered agent name and registered agent address of its registered
agent; and
(d) That the domestic limited partnership elects to become a reporting
limited partnership.
(8) (Deleted by amendment, L. 2003, p. 2296, � 210, effective July 1, 2004.)