C.R.S. Section 7-90-402
Interrogatories by secretary of state


(1)

The secretary of state may propound to any domestic entity that has a constituent filed document filed in the records of the secretary of state, to any foreign entity that is authorized to transact business or conduct activities in this state, and to any manager thereof, such interrogatories as may be reasonably necessary and proper to enable the secretary of state to ascertain whether the entity has complied with all the provisions of the organic statutes. The interrogatories shall be answered within thirty days after the mailing thereof or within such additional time as fixed by the secretary of state, and the answers thereto shall be full and complete and shall be made in writing. If the interrogatories are directed to an individual, they shall be answered by the individual, and if directed to an entity, they shall be answered by a manager of the entity or by any other person authorized to answer the interrogatories as its agent. The secretary of state need not file any document to which such interrogatories relate until the interrogatories are answered as provided in this section, and not then if the answers thereto disclose that the document is not in conformity with the provisions of the organic statutes. The secretary of state shall certify to the attorney general, for such action as the attorney general may deem appropriate, all interrogatories and answers thereto that disclose a violation of any of the provisions of the organic statutes.

(2)

Interrogatories propounded by the secretary of state and the answers thereto shall not be open to public inspection, nor shall the secretary of state disclose any facts or information obtained therefrom, except insofar as the official duty of the secretary of state may require the same to be made public or in the event such interrogatories or the answers thereto are required for evidence in any criminal proceedings or in any other action by this state.

(3)

Each entity that fails or refuses to answer truthfully and fully, within the time prescribed by subsection (1) of this section, interrogatories propounded to the entity by the secretary of state in accordance with the provisions of said subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars.

(4)

Each manager of an entity who fails or refuses to answer truthfully and fully, within the time prescribed by subsection (1) of this section, interrogatories propounded to the manager by the secretary of state in accordance with the provisions of said subsection (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than ten thousand dollars.

(5)

The attorney general may enforce this section in an action brought in the district court for the county in this state in which the street address of the entity’s principal office or the street address of its registered agent is located or, if the entity has no principal office in this state and no registered agent, in the district court in and for the city and county of Denver.

Source: Section 7-90-402 — Interrogatories by secretary of state, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-07.­pdf (accessed Oct. 20, 2023).

7‑90‑101
Short title
7‑90‑102
Definitions
7‑90‑102.5
Relationship between constituent documents and organic statutes
7‑90‑103
Reservation of power to amend or repeal
7‑90‑104
Nonapplication of uniform commercial code to owner’s interest
7‑90‑105
Notice
7‑90‑106
Relation to electronic signatures in global and national commerce act
7‑90‑201
Conversion of an entity
7‑90‑201.3
Plan of conversion
7‑90‑201.4
Approval of plan of conversion
7‑90‑201.7
Statement of conversion - when conversion effective
7‑90‑202
Effect of conversion - entity unchanged
7‑90‑203
Merger of entities
7‑90‑203.1
Exchange of owner’s interest
7‑90‑203.3
Plan of merger - plan of exchange
7‑90‑203.4
Approval of plan of merger or exchange
7‑90‑203.7
Statement of merger - when merger effective
7‑90‑203.8
Statement of owner’s interest exchange
7‑90‑204
Effect of merger
7‑90‑204.3
Effect of an exchange
7‑90‑204.5
Foreign entity resulting from conversion or surviving merger
7‑90‑205.5
Abandonment or amendment of plan of merger, plan of conversion, or plan of exchange
7‑90‑206
Appraisal rights, prohibitions, restrictions, and requirements
7‑90‑301
Filing requirements
7‑90‑301.5
Act of causing document to be delivered for filing
7‑90‑302
Forms and cover sheets - secretary of state to furnish upon request
7‑90‑303
Filing, service, and copying fees - subpoenas
7‑90‑304
Effective time and date of filed document
7‑90‑304.5
Restated constituent filed document
7‑90‑305
Correcting filed document
7‑90‑305.5
Statement of change
7‑90‑306
Filing duty of secretary of state - manner of filing - definition
7‑90‑307
Appeal from secretary of state’s refusal to file document
7‑90‑308
Evidentiary effect of copy of filed document
7‑90‑309
Certificates issued by secretary of state
7‑90‑310
Proof of delivery for filing
7‑90‑313
Remedy for failure or refusal to file - presumptions
7‑90‑314
Fraudulent filings - complaint - review - referral to attorney general - referral to administrative law judge - marking filing as fraudulent - deceptive trade practice
7‑90‑401
Powers
7‑90‑402
Interrogatories by secretary of state
7‑90‑403
Notices by the secretary of state
7‑90‑404
Distribution of information - student loan repayment and loan forgiveness programs
7‑90‑501
Periodic reports
7‑90‑601
Entity name
7‑90‑601.5
Domestic entity name and trade name of dissolved domestic entity
7‑90‑601.6
Entity name of delinquent entity
7‑90‑601.7
Foreign entity name and trade name of withdrawn foreign entity
7‑90‑602
Reserved entity name
7‑90‑603
Assumed entity name of foreign entity
7‑90‑604
Registered true name of a foreign entity
7‑90‑701
Registered agent
7‑90‑702
Change or resignation of registered agent
7‑90‑703
Correction of registered agent
7‑90‑704
Service on entities
7‑90‑705
Change of principal office address
7‑90‑707
Commercial registered agent
7‑90‑708
Termination of commercial registered agent listing
7‑90‑709
Change of commercial registered agent name or address
7‑90‑710
Listing of entities represented by commercial registered agents
7‑90‑801
Authority to transact business or conduct activities required
7‑90‑802
Consequences of transacting business or conducting activities without authority
7‑90‑803
Statement of foreign entity authority to transact business or conduct activities
7‑90‑804
Change of statement of foreign entity authority to transact business or conduct activities
7‑90‑805
Effect of statement of foreign entity authority
7‑90‑806
Withdrawal of foreign entity
7‑90‑807
Service on withdrawn foreign entity
7‑90‑811
Application to existing foreign entities
7‑90‑812
Foreign general partnerships
7‑90‑813
Title 12 limitations
7‑90‑901
Grounds for delinquency
7‑90‑902
Declaration of delinquency
7‑90‑903
Effect of delinquency
7‑90‑904
Cure of delinquency
7‑90‑905
Appeal from declaration of delinquency
7‑90‑906
Limited liability partnerships and limited liability limited partnerships
7‑90‑908
Dissolution of delinquent entity
7‑90‑910
Effect of dissolution under section 7-90-908
7‑90‑911
Disposition of known claims by notification - definitions
7‑90‑912
Disposition of claims by publication
7‑90‑913
Enforcement of claims against a dissolved domestic entity
7‑90‑914
Court proceedings
7‑90‑915
Manager duties
7‑90‑1001
Reinstatement after dissolution
7‑90‑1002
Vote or consent required - effect of opposition
7‑90‑1003
Articles of reinstatement
7‑90‑1004
Entity name upon reinstatement
7‑90‑1005
Effect of reinstatement
Green check means up to date. Up to date

Current through Fall 2024

§ 7-90-402’s source at colorado​.gov