§ 38-30-166 — Joint ventures - ownership and transfer of property

(1) Upon
compliance with the provisions of subsection (2) of this section, a joint venture may
acquire, convey, encumber, lease, or otherwise deal with any interest in property in
the name of the joint venture set forth in the affidavit required by subsection (2) of
this section and may do so regardless of whether the affidavit is recorded before or
after the conveyance to the joint venture is recorded. The provisions of this
subsection (1) shall apply to any interest in property acquired in the name of a joint
venture either before or after August 8, 2001.

(2) (a) Any member of a joint venture may record with the county clerk and
recorder of the county in which the interest in property is located an affidavit
setting forth the following:

(I) A statement that the affidavit relates to a joint venture;

(II) The name of the joint venture; and

(III) The names and addresses of all of the joint venturers of the joint venture.

(b) The affidavit may set forth a statement that fewer than all of the joint
venturers are authorized to act on behalf of the joint venture in any acquisition,
conveyance, encumbrance, lease, or other dealing with an interest in property in the
name of the joint venture. If such a statement is included, the affidavit:

(I) Shall designate the joint venturers or the manner of designating the joint
venturers so authorized;

(II) May express such limitations upon the authority of such joint venturers as
may exist; and

(III) Shall be executed by all of the joint venturers named in the affidavit as
set forth in paragraph (a) of this subsection (2).

(c) If the affidavit does not contain a statement as set forth in paragraph (b)
of this subsection (2), the affidavit shall be executed by at least one joint venturer
named in the affidavit.

(d) Upon recording, the affidavit shall constitute prima facie evidence of the
facts recited therein, the authority of the affiant to execute and record the affidavit,
and the authority of the joint venturers who are thereby empowered to convey or
otherwise act on behalf of the joint venture, insofar as the same affect title to any
interest in property.

(3) This subsection (3) shall apply only to a joint venture that has recorded an
affidavit pursuant to subsection (2) of this section. Where an interest in property is
held in the name of a joint venture, such interest shall only be conveyed,
encumbered, leased, or otherwise dealt with in the name of such joint venture by an
instrument executed by all of the joint venturers named in the affidavit; except that,
if the affidavit sets forth a statement as provided for in paragraph (b) of subsection
(2) of this section, the joint venturers designated in such statement or designated in
the manner provided in such statement may act in accordance with the statement
with respect to such interest in property.

(4) This subsection (4) shall only apply to a joint venture that has recorded an
affidavit pursuant to subsection (2) of this section. A lien or encumbrance arising
out of a claim against a joint venturer may attach to the joint venturer's interest in
the joint venture and to the separate property of the joint venturer but shall not
attach to any property of the joint venture or any property or interest of any other
joint venturer. A lien or encumbrance arising out of a claim against a joint venture
may attach to the property of the joint venture. A lien or encumbrance arising out of
a claim against a joint venture and a joint venturer may attach to the property of the
joint venture, to the joint venturer's interest in the joint venture, and to the separate
property of the joint venturer. On due application to a court of competent
jurisdiction by any judgment creditor of a joint venturer, the court may charge such
interest of such joint venturer with payment of the unsatisfied amount of the
judgment, and with interest thereon, and may then or later appoint a receiver of
distributions in respect of such interest.

(5) For the purposes of this section, the term joint venture does not include
a partnership, as defined in the Uniform Partnership Law, article 60 of title 7,
C.R.S., or the Colorado Uniform Partnership Act (1997), article 64 of title 7, C.R.S.,
whether or not denominated a joint venture in its organizational documents or
elsewhere. Except with respect to the provisions of subsection (4) of this section, as
applied to any lien or encumbrance arising out of a claim by a joint venturer against
another joint venturer in the joint venture, or against the joint venture itself, the
provisions of this section shall not be interpreted to alter or affect the rights and
duties between joint venturers of a joint venture, as may be required by law or by
court decision.

(6) (Deleted by amendment, L. 2001, p. 400, � 4, effective August 8, 2001.)

Legislative History

Source: L. 77: Entire section added, p. 1714, � 1, effective June 1. L. 92: Entire section amended, p. 2122, � 1, effective May 14. L. 97: (5) amended, p. 919, �17, effective January 1, 1998. L. 2001: (1), (2), (3), and (6) amended, p. 400, � 4, effective August 8.