If you are thinking about forming a Colorado limited liability company, you must develop and file the Business or LLC Articles of Incorporation with the Secretary of State. Other states may sometimes refer to the articles as a certificate of incorporation.
Colorado Articles of Incorporation are governed by Section 7-80-203 and Section 7-80-204 of the Colorado Revised Statutes (C.R.S.). You should consider getting legal guidance from a local LLC lawyer.
Your Colorado LLC articles of organization serve to describe the basic information about the firm and its operations. When you file the certificate of incorporation and the Colorado state approves it, then you’re a free to conduct business in Colorado. LLC Articles of Incorporation contain general information. However, when forming an LLC in Colorado you want to make sure that other company names do not conflict with yours.
Registered Agent: When filing your Articles of Incorporation, Section 7-90-701of the Colorado Revised Statutes govern the required information about registered agents. He or she must be:
- An individual who must be age 18 years or older;
- Whose primary residence or usual place of business is in Colorado; a domestic entity having a usual place of business in Colorado; or
- Must be a foreign business entity authorized to transact business or conduct activities in the state of Colorado that has a usual place of business in Colorado.
- If your registered agent is an individual, must include the person’s last name and first name.
Non-Profit Corporation & Colorado LLC Articles of Incorporation
If you happen to be forming a non-profit business entity in Colorado you still have to file Colorado LLC Articles of Incorporation with the Secretary of State. Your articles will be similar to those of a for-profit business.
If you are forming a nonprofit corporation, the requirements for filing the articles of incorporation are analogous to the requirements for for-profit organizations.
The difference between the two types of articles of incorporation is that non-profit articles do not require a statement about the issuance of shares.
If a Colorado nonprofit chooses to apply for tax-exempt status with the IRS, the articles of incorporation must include special provisions to comply with IRS rules and regulations.
For help developing your new business, drafting company articles, and LLC operating agreement and business documents to reduce personal liability, call Watson & Associates’ Denver business lawyers at 720-941-7200.