Time for Your Company Document Legal Review

When was the last time you looked at, let alone reviewed, your company documents like your Articles of Incorporation, Bylaws, Operating Agreement, or Partnership Agreement. Of course, depending on your situation and how long you have been around, you should also have a few Resolutions, Minutes of your Board and Shareholder meetings, perhaps a Buy-Sell agreement, a Shareholder Agreement, Stock Certificates, and so on.

Types of Businesses

There are three types of businesses generally. First, there are businesses that were formed with […]

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Required Provisions of the Articles of Incorporation Under Colorado Law

Colorado law specifies certain provisions that “shall” be in the Articles of Incorporation in CRS § 7-101-102(1). The required provisions of the Articles are the name of the corporation, information regarding authorized shares, the registered agent name, the principle office address, and the mailing address of the incorporator.

Based on this list, the Secretary of State’s website form includes fields for these required items, and will not let an Incorporator file a form without putting something in those fields. […]

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Don’t Let What is Required for Articles of Incorporation Be the Only Thing You Consider

The Articles of Incorporation are a great example of a seemingly simple document, easily filed, which is more than meets the eye at first glance.

Many people no longer prepare Articles of Incorporation before they go to the Secretary of State’s website and register. Before electronic filing, the Secretary of State did not ask for specific information from incorporators. Instead, the Secretary’s office, at most, checked the Articles to make sure they had the statutorily required provisions, but otherwise simply […]

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Filing Articles of Incorporation and the Simplicity of the Colorado Secretary of State’s Website

In practice, many people are somewhat superficial in creating their corporations. They visit the Colorado Secretary of State’s website and file their Articles using the online form prepared by the Secretary of State with a lot of assumptions, presumptions, and simplicity. While the simplicity of the Colorado Secretary of State’s system and processes, including its website, fees, and forms, sets Colorado apart as particularly efficient, useful, and constituent friendly, it is also deceptively simplistic for the layperson.

The Colorado […]

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Starting a Corporation by Filing Articles of Incorporation

Corporations are generally private arrangements authorized by the State. They are governed by a combination of statutory and common law. In short, the Corporation enjoys a certain legal status, including certain rights and privileges, and in exchange the corporation submits to a legal framework governing aspects of the internal and external activities of the corporation.

To take advantage of this framework, the person or people representing the corporation (incorporators) have to specifically take advantage of the legal framework. This is […]

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Revisiting Formational Documents

Many businesses put together basic documents like an Operating Agreement, Partnership Agreement, Bylaws, Articles of Organization or Incorporation, and the like years ago when they started. Since then, they have changed one or more owners or employees, gotten older, doubled or more in revenue, or a whole host of other possible changes. Sometimes the original advisors have retired or dropped out of contact.

Regardless, the business has more to protect and work with than it did back when…. In fact, […]

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