these instructions when completing Statement of Election for a not for profit
corporation pursuant to §7-137-202 and part 3 of Article 90 of Title 7 of the
Colorado Revised Statutes (C.R.S.).
Provide only information required or permitted to be included in the document
by Colorado law. Information included in
the document must be typewritten, in English and must state the name(s) and
address(es) of at least one individual causing the document to be delivered for
filing. The required form/coversheet
must be used when filing the document.
For legal authority, refer to §7-90-301 and §7-90-302, C.R.S. You may include additional information in an
attachment to the form/coversheet. Any
attachment becomes part of the document.
If there is a conflict between information in the attachment and the
form/coversheet, the information in the form/coversheet controls. Information provided in a case-sensitive
format will be retrieved and displayed in the same format. Visit our Web site at www.sos.state.co.us and click on
“Business Center” for a copy of a document after filing, Certificates of Good
Standing, other electronic services, and other information. For answers to general filing questions
consult the Frequently Asked Questions (FAQs), also on our Web site.
Number. The number assigned to the initial document
that began the record in the records of the Colorado Secretary of State. This ID number is specific to the Colorado
Secretary of State. It is not a state or
federal tax number. The ID number is
listed on the record’s “Information on File” page on our Web site. A record may be viewed by visiting our
website at www.sos.state.co.us. Click on “Business Center”, then “Search
Business Database”. This ID number must
be indicated on all documents related to an existing record in the records of
the Colorado Secretary of State.
Name. State the name of the entity exactly as shown
on the records of the secretary of state.
Regarding Reports, Fees, Taxes & Penalties. A statement is required that the corporate
entity has elected to accept articles 121-137 of title 7, C.R.S., and that all
required reports have been or will be filed and all fees, taxes and penalties
due to the state of Colorado accruing under any law to which the corporate
entity heretofore has been subject have been paid.
Regarding Members or Stockholders Entitled to Vote. If there are members or stockholders entitled
to vote on the election, mark the applicable box. If there are no members or stockholders
entitled to vote on the election, mark the applicable box.
Regarding Compliance with Applicable Governing Law & Documents. A statement is required that the entity
followed the requirements of the law under which it was formed, its articles of
incorporation and its bylaws so far as applicable in effecting the acceptance
of the election.
Regarding Attached Documents. If the
articles of incorporation, affidavit or other basic corporate charter of the
entity are attached, a statement is required that they are true and correct.
Issued. Mark the box if the entity has issued
stock. A statement of such fact is required
and must be included in an attachment, including the number of shares
heretofore authorized, and the number issued and outstanding.
Delayed Effective Date. The effective date of this document may be
delayed up to 90 days after filing with the Colorado Secretary of State. The delayed effective date may also specify a
particular time of day Mountain Time. If
no time of day is specified, it defaults to close of business on that
date. Close of business is 11:59:59 PM
Mountain Time. For legal authority,
refer to §7-90-304, C.R.S.
Notice. Causing this document to be delivered to the
secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of
perjury, that the document is the individual's act and deed, or that the
individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered
for filing, taken in conformity with the requirements of part 3 of article 90
of title 7, C.R.S., the constituent documents, and the organic statutes, and
that the individual in good faith believes the facts stated in the document are
true and the document complies with the requirements of that Part, the constituent
documents, and the organic statutes.
This perjury notice applies
to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has
caused it to be delivered.
Filing Information. State the name(s) and address(es) of the
individual(s) causing this document to be delivered for filing. This information is required for the Colorado
Secretary of State to deliver notice if the filing of the document is refused
(§7-90-301, C.R.S.). The individual(s)
listed will be held responsible for complying with the above notice. The document
need not state the true name and address of more than one individual. However, if you wish to state the name and
address of any additional individuals causing the document to be delivered for
filing, mark this box ٱ and include an attachment stating the name and address of such
Disclaimer. These instructions, and the related form, are
not intended to provide legal, business or tax advice, and are offered as a
public service without representation or warranty. While the related form is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable
law, as the same may be amended from time to time, remains the responsibility
of the user of this form. Questions
should be addressed to the user’s attorney.