C.R.S. Section 38-30-173
Survival of remedies and title to corporate property after dissolution

  • nonprofit corporations

(1)

This section shall apply to nonprofit corporations that were dissolved before July 1, 1998, and either formed under articles 20 to 29 of title 7, C.R.S., or elected or could have elected to accept such articles as set forth in articles 20 to 29 of title 7, C.R.S.; except that this section shall not apply to any corporation that was dissolved by operation of law before July 1, 1998, as a consequence of the suspension of such corporation and was eligible for reinstatement or restoration, renewal, and revival on June 30, 1998.

(2)

The dissolution of a corporation shall not eliminate or impair any remedy available to or against the corporation or its directors, officers, or members for any right or claim existing on dissolution or any liability incurred prior to such dissolution if an action or other proceeding is commenced within two years after the date of the dissolution; except that this subsection (2) shall not apply to any action affecting the title to real estate. Any action or proceeding by or against the corporation may be prosecuted or defended by the corporation in its corporate name. The members, directors, and officers of the corporation shall have the power to take such corporate and other action as shall be necessary or appropriate to effect any remedy available to the corporation, or defend any action or proceeding against the corporation.

(3)

Intentionally left blank —Ed.

(a)

After dissolution of the corporation, title to any property of the corporation not previously distributed or disposed of by the corporation shall remain in the corporation. The majority of the surviving members of the last acting board of directors as named in the files of the secretary of state shall have the power and ability to:

(I)

Sue and be sued in the corporate name, and, for purposes of suit against such corporation, each director is an agent for service of process; and

(II)

Act on behalf of and in the name of such corporation to convey and dispose of any corporate property not distributed or disposed of in the dissolution.

(b)

Final disposition of such property shall be made by the majority of the surviving directors in the manner provided by law at the time of the dissolution of the corporation. On the date of the death of the last survivor of the directors, the public trustee of the county in which the property owned by such corporation is situated shall have the power and authority to act on behalf of and in the name of such corporation to convey and dispose of the property.

Source: Section 38-30-173 — Survival of remedies and title to corporate property after dissolution - nonprofit corporations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38–30–101
Parties entitled to hold lands may convey
38–30–102
Water rights conveyed as real estate - well permit transfers - legislative declaration - definitions
38–30–103
Livery of seisin, not necessary
38–30–104
Vendor’s after-acquired title deemed in trust for vendee
38–30–104.5
Grantor’s interest in vacated right-of-way deemed included
38–30–105
Lands not in possession may be conveyed
38–30–106
Tenant in fee tail takes in fee simple
38–30–107
Estate granted deemed fee simple unless limited
38–30–107.5
Royalty interests - minerals or geothermal resources
38–30–108
Conveyances to grantee in a representative capacity
38–30–108.5
Conveyances to trusts - ownership and transfer of property
38–30–110
Rule against perpetuities inapplicable to cemetery trusts
38–30–111
Rule against perpetuities inapplicable to employees’ pension trusts
38–30–112
Rule against perpetuities inapplicable to existing trusts
38–30–113
Deeds - short form - acknowledgment - effect
38–30–113.5
Beneficiary deeds
38–30–114
Validation of acknowledgments
38–30–116.5
Preparation of deeds - definition
38–30–117
Mortgages - short form - acknowledgment - effect
38–30–118
Seal not necessary
38–30–119
Posthumous children take as others
38–30–120
Conveyance carries right of possession
38–30–121
What covenants run with the land
38–30–122
No action against warrantor without notice and refusal to defend
38–30–123
Powers of attorney must be recorded
38–30–124
Powers of attorney, how acknowledged and proved
38–30–125
Scroll sufficient
38–30–126
Acknowledgments, before whom taken
38–30–127
Acknowledgments taken pursuant to other laws
38–30–128
Prima facie validity of prior foreign acknowledgments
38–30–129
courts may take acknowledgments
38–30–130
Governor may appoint commissioners of deeds
38–30–131
Oath of commissioner of deeds
38–30–132
Effect of commissioner’s acknowledgment
38–30–133
Commissioner has power to administer oath
38–30–134
Fees of commissioners
38–30–135
Officer shall subscribe certificate
38–30–136
Subsequent proof of execution - proof or acknowledgment of copy
38–30–137
Recording of leases based on crop rentals
38–30–138
Filing and recording fee
38–30–140
Foreign deeds - translation - proof - not recorded without
38–30–141
Conveyance by county or municipality
38–30–142
Prior deeds and conveyances by commissioners validated
38–30–143
Prior deeds and conveyances by council validated
38–30–144
Conveyance by corporation
38–30–145
Conveyance by sheriff
38–30–146
Fraternal society may hold and convey real estate
38–30–147
Presiding officer may bring suit to protect property
38–30–148
Joint property of fraternal society
38–30–149
Change of presiding officer not to affect suit
38–30–150
Definitions
38–30–151
Division of county - transcript of records - certificate
38–30–152
Not applicable to wills
38–30–153
Recording wills and decrees affecting lands - descents
38–30–154
Clerk shall furnish certified copies
38–30–155
Certified copy of record shall be evidence of title
38–30–156
Fees for county clerk and recorder
38–30–157
Same use prohibition or restriction repeated in subsequent instruments taking effect on or after January 1, 1966 - exception
38–30–158
Record notice required for same use prohibition or restriction repeated in subsequent instruments taking effect prior to January 1, 1966 - exception - affidavit as to ownership and possession
38–30–159
Who may record notice of intention to claim possibility of reverter or right of entry
38–30–160
Contents of notice - recording, indexing - effect
38–30–161
Use prohibition or restriction affecting less or more real property - more or fewer use prohibitions or restrictions
38–30–162
Interests and instruments to which sections 38-30-157 to 38-30-164 do not apply
38–30–163
Other statutes and laws remain applicable
38–30–164
Sections to be liberally construed
38–30–165
Unreasonable restraints on the alienation of property - prohibited practices
38–30–166
Joint ventures - ownership and transfer of property
38–30–167
Right of purchaser to obtain partial specific performance
38–30–168
Unreasonable restrictions on renewable energy generation devices - definitions
38–30–169
Instruments of conveyance - removal of void and unenforceable restrictive covenants which are based upon race or religion
38–30–170
Private restrictive covenants - modification - exception - procedures
38–30–171
Survival of remedies and title to corporate property after dissolution
38–30–172
Evidence of existence and authority - definitions
38–30–173
Survival of remedies and title to corporate property after dissolution - nonprofit corporations
Green check means up to date. Up to date

Current through Fall 2024

§ 38-30-173’s source at colorado​.gov