Instructions: Statement of Election

Important information

Use these instructions when completing a 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. The required form must be used when filing the document. For legal authority, refer to § 7-90-301 and § 7-90-302, C.R.S.

The form must be typewritten. Handwritten forms are not accepted. The completed form must be in English and all fields must be completed unless otherwise specified. The information you provide must exactly match what we have on file in our office if your record already exists.

Any attachment becomes part of the document. If there is a conflict between information in the attachment and the form, the information in the form takes precedence. The information you provide will be entered exactly as displayed on the form; including lowercase and uppercase letters. 

Visit our Web-site at www.sos.state.co.us and click “Businesses, trademarks, trade names” 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 website.

Please note that this filing is uncommon. If you have any questions, you may want to consult an attorney or other resources.


 

ID number

Enter the 11-digit ID number that was assigned to the originating record for the entity in the ID number line. To locate the ID number, visit our website at www.sos.state.co.us. Click on “Business” and then on “Search Business Database” and search for the entity using the entity name. The ID number is listed on the business record’s Summary page. It is not a state or federal tax ID number.

 

Entity name

State the name of the entity exactly as shown in the records of the Colorado Secretary of State’s Office. This form cannot be accepted if the name on the form does not exactly match the name on the record.

 

Statement 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.

 

Statement 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.

 

Statement regarding compliance with applicable governing law & documents

The following statement applies: The corporate 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 such acceptance.

 

Statement regarding attached documents

If the articles of incorporation, affidavit or other basic corporate charter of the entity are attached, the following statement applies: Any attached copies of the articles of incorporation, affidavit, or other basic corporate charter of the corporate entity is true and correct.

 

Stock issued

Mark the box if the entity has issued stock. A statement of such fact is required and must be included in an attachment. The attachment must include the number of shares heretofore authorized, the number of stock issued and outstanding, and a statement that all issued and outstanding shares of stock have been delivered to the corporate entity to be cancelled upon the acceptance of articles 121-137 of title 7, C.R.S. by the corporate entity becoming effective and that from and after the effective date of said acceptance the authority of the corporate entity to issue shares of stock is terminated.

 

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. [1]

 

Notice

This section describes the legal authority for filing this document. [2]

 

Individual causing delivery [3]

Each individual causing the document to be filed is responsible for complying with the applicable statutes. Provide the last name, first name and address of at least one individual causing the document to be delivered for filing. A middle name or initial and a suffix are optional. The mailing address, including the city, state and ZIP/postal code, must be provided. Any address outside of the United States must include the country and, if applicable, the province.

Example: Smith, John
               123 N. Main St., Apt 101
               Denver, Colorado 80122

 

Additional individuals causing delivery

If you select this box, you must include an attachment with the names and addresses of additional individuals causing the document to be filed. The attachment must provide the name of each additional individual, including their last name and first name. A middle name or initial and a suffix are optional. Also provide the mailing address, including the city, state and ZIP/postal code. Any address outside of the United States must include the country and, if applicable, the province.

 

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 filer. Questions should be addressed to legal counsel.

 

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[1] | 2-4-109 and 7-90-304, C.R.S.
[2] | 7-90-301.5, C.R.S.
[3] | 7-90-301.5, C.R.S.