Implement Fraudulent Filings Group Recommendations

The bill implements the legislative recommendations of the fraudulent filings working group as identified in the working group's February 2023 report.

Section 4 of the bill implements recommendation one, which requires a registered agent who is an individual and not a business entity to hold a valid Colorado driver's license or state identification. Section 4 also implements recommendation 2, which requires a registered agent that is a business entity to be in good standing in the Colorado business registry. Sections 1 and 4 implement recommendation 3, which prohibits a registered agent from using a United States or commercial post office box as the registered agent's address. Sections 3, 5, and 6 implement recommendation 4, which authorizes the secretary of state to change an entity's status to delinquent in the business registry immediately following a finding or concession that the entity was created or registered without authorization or for fraudulent purposes. Section 3 also implements recommendation 5, which allows a law enforcement agency to initiate a fraudulent filing complaint. Section 7 implements recommendation 6, which allows an entity that has been delinquent for 5 years or longer to cure its delinquency only after the filing of an affidavit and photographic identification in addition to the already required statement. Section 8 implements recommendation 7, which allows an entity that has been dissolved for 2 years or longer to be reinstated only after the filing of an affidavit and photographic identification in addition to the already required articles of reinstatement. Section 2 implements recommendation 8, which simplifies the perjury statement affirmed by all persons when delivering a document to be filed with the secretary of state.
(Note: This summary applies to this bill as introduced.)