Chapter 4 - § 4.12 • TRADE NAMES ON AND AFTER MAY 30, 2006

• Jurisdiction: Colorado

§ 4.12 • TRADE NAMES ON AND AFTER MAY 30, 2006

§ 4.12.1—Filing with the Secretary of State

The following version of C.R.S. § 7-71-101 became effective May 30, 2006:¹²²

Except as otherwise provided in section 7-71-107,¹²³ a person shall not transact business in this state under a name other than the true name of the person or, in the case of a general partnership that is not a limited liability partnership, under a name other than the true name of each general partner of the general partnership, except in compliance with this article and not unless an effective statement of trade name is on file in the records of the secretary of state.¹²⁴

Effective May 30, 2006, a person¹²⁵ may deliver to the secretary of state a statement of trade name for any name other than the true name of the person or, in the case of a general partnership that is not a limited liability partnership, other than the true name of each general partner of the general partnership, under which the person transacts business or contemplates transacting business in Colorado.¹²⁶ The statement of trade name must state:

• The true name of the person or, in the case of a general partnership that is not a limited liability partnership, the name of at least one general partner of the partnership;¹²⁷
• If the person is an entity, the form of entity and the jurisdiction under the law of which it is formed;¹²⁸
• If the person is not a reporting entity,¹²⁹ the person's principal address;¹³⁰
• The name, other than the true name of the person, or in the case of a general partnership that is not a limited liability partnership, other than the true name of each general partner of the general partnership, under which the person transacts business or contemplates transacting business in Colorado;¹³¹
• A brief description of the kind of business transacted or contemplated to be transacted in Colorado under the name;¹³² and
• Such other information as the secretary of state may require.¹³³

A person may deliver to the secretary of state for filing a statement of correction to correct a filed document if the filed document contains one or more incorrect statements that were incorrect when the document was delivered to the secretary of state for filing, or revoke a filed document.¹³⁴ A statement of correction must:

• State the trade name and the name of the person transacting business or conducting activities under such name;
• Identify the filed document to the satisfaction of the secretary of state;
• State each incorrect statement that is to be corrected by the statement of correction;
• Correct each incorrect statement; and
• If it revokes a filed document, state that the document is revoked.¹³⁵

A person may amend, cancel, revoke, or otherwise change a filed document if circumstances occur after the filing of the filed document by the secretary of state that make it appropriate that the filed document be changed.¹³⁶ A filed document is changed by causing a statement of change to be delivered to the secretary of state that:

• States the trade name and the name of the person transacting business or conducting activities under such name;
• Identifies the filed document to the satisfaction of the secretary of state;
• States the information, if any, contained in the filed document

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