Business FAQs

Contents
Apostilles
Attachments
Beginning a business
Business survey information
Dissolution and reinstatement
Electronic filing
Email notification
Entity names
Filing documents and finding information
Foreign business entities
General questions
Glossary
Noncompliance and delinquency
Periodic reports
Personal identifying information
Professional service corporations
Public benefit corporations
Registered agent
Secure business filing
Tax information
Trademarks
Trade names

 

Noncompliance and delinquency

Q1. Why does my business entity’s status show Noncompliant? I am still in business and continue to pay my taxes.

A1.  If an entity fails to file its Periodic Report or fails to maintain a registered agent, the entity’s status will become “Noncompliant”.

Entities are given 3 months to file the Periodic Report. If the report is not received by the due date, or if a new registered agent is not appointed within 30 days after the resignation of the current registered agent, the entity will become “Noncompliant”.

If the entity’s status is “Noncompliant”, a Periodic Report must be filed, or, if the entity has failed to maintain a registered agent, a Statement of Change Changing the Registered Agent Information must be filed to return the entity’s status to “Good Standing”. To file a Periodic Report or a Statement of Change, go to the Business Home page, click “File a document affecting an existing record”, search for your entity, confirm you found the correct entity, and then select the document to be filed.

 

Q2. Why does my business entity’s status show Delinquent? I am still in business and continue to pay my taxes.

A2.  Prior to October 1, 2005, if a reporting entity failed to file its Periodic Report or failed to maintain a registered agent, the entity was administratively dissolved or had its authority to do business revoked, depending upon the type of entity. Effective October 1, 2005, a reporting entity that fails to file a Periodic Report, or fails to appoint a new registered agent after the resignation of the current registered agent, will become Delinquent pursuant to section 7-90-901, C.R.S.

Reporting entities are given a six-month window in which a Periodic Report may be filed prior to becoming Delinquent. For example, if the Periodic Report Month is January, the report due date will be March 31st. If the Periodic Report is not filed on or before March 31st, the entity’s status will become Noncompliant, and a late report will be due by June 30th. If the Periodic Report is not filed on or before June 30, the entity’s status will be changed to Delinquent.

If the entity’s status is “Delinquent”, a Statement Curing Delinquency must be filed to return the entity’s status to “Good Standing”.

 

Q3. Why does my status show Noncompliant when the notice I received shows a due date in the future?

A3.  If you receive a notice with a due date in the future and the status of the entity is “Noncompliant”, it is likely that this is the second notice that a Periodic Report is due. Because the Periodic Report was not filed on time, the entity’s status was changed to Noncompliant.

The Summary page for the entity will display the Periodic Report Month. The report is due by the last day of the 2nd month following the Periodic Report Month. If the report is not received by that date, the entity’s status becomes “Noncompliant” and a late fee becomes due with the Periodic Report. For example, if the Periodic Report month is January, the due date will be March 31st. If the Periodic Report is not filed on or before March 31st, the entity’s status will become “Noncompliant”.

 

Q4. How do I get my entity back into Good Standing?

A4.  If the status of your entity is Delinquent, you may file the Statement Curing Delinquency to bring the entity back into Good Standing. If the status of your entity is Noncompliant, you may file the Periodic Report. If the status of your entity is Noncompliant due to the resignation or other termination of your registered agent, you may appoint a new agent.

Instructions for filing documents.

 

Q5. I am no longer transacting business in Colorado.   Do I need to file my Periodic Report, correct my noncompliance, or cure my delinquency?

A5.  If you do not file the Periodic Report, the entity will become Noncompliant and eventually Delinquent.  A status of Noncompliant or Delinquent indicates a business did not maintain its record with the Colorado Secretary of State. Information regarding the effects of delinquency can be found in section 7-90-903, C.R.S.

If you are no longer transacting business, you may consider filing the appropriate dissolution for your entity. You should seek legal advice regarding what is best for your business entity.

The Delinquent entity's name will become available 400 days after delinquency.