Chapter 4 - § 4.13 • STATEMENTS OF AUTHORITY

• Jurisdiction: Colorado

§ 4.13 • STATEMENTS OF AUTHORITY

§ 4.13.1—In General

C.R.S. § 38-30-172 provides the means by which prima facie evidence of the existence¹⁴⁰ of an entity¹⁴¹ and of the authority¹⁴² of one or more persons to act on behalf of an entity to convey, encumber, or otherwise affect title to real property may be shown.

A statement of authority is an instrument that contains the name of the entity; the type of entity and the state, country, or other governmental authority under whose laws it was formed; a mailing address for the entity; and the name or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity.¹⁴³ A statement of authority may contain any limitation as may exist upon the authority of the person named in the statement or holding the position described in the statement to bind the entity and any other matters concerning the manner in which the entity deals with any interest in real property.¹⁴⁴ The absence of any limitation in a statement of authority is prima facie evidence that no such limitations exist.¹⁴⁵

Upon recording, a statement of authority constitutes prima facie evidence of the facts recited in the statement of authority insofar as the facts affect title to real property, and prima facie evidence of the authority of the person executing the statement of authority to execute and record the statement of authority on behalf of the entity.¹⁴⁶ A statement of authority is prima facie evidence of the authority of the person who executed an instrument on behalf of an entity purporting to convey, encumber, or otherwise affect title to real property.¹⁴⁷

§ 4.13.2—Partnerships

C.R.S. § 7-64-303 provides for a statement of partnership authority to be filed with the secretary of state. However, only a copy of such filed statement that is recorded in the office of the clerk and recorder has the effect provided in the Uniform Partnership Act for a recorded statement.¹⁴⁸

A statement of partnership authority must include: (1) the true name of the partnership;¹⁴⁹ (2) the principal office address¹⁵⁰ of its principal office,¹⁵¹ if any, or, if it has no principal office, the street address, and if different, the mailing address of its chief executive office, and, in either case, the street address, and if different, the mailing address of one office in Colorado, if there is one;¹⁵² (3) the true names or a description of the partners as to which the partnership makes a statement of partnership authority to execute an instrument transferring real property held in the name of the partnership or to enter into other transactions on behalf of the partnership; and (4) the authority, or limitations on the authority, of such partners, which authority may vary among the partners as the variations are stated in the statement of authority.¹⁵³

A statement of...