Delinquency

Q1. Why does my business entity's status show Delinquent?

A1. An entity that fails to file a Periodic Report, or fails to appoint a new registered agent after the resignation of the current registered agent, will become Delinquent pursuant to section 7-90-901, C.R.S.

Entities that don’t file their report or keep a registered agent go into a noncompliant status and then delinquent.

If the Periodic Report Month is January, the report due date will be March 31st. If the Periodic Report is not filed on or before March 31st, the entity's status will become Noncompliant, and a late report will be due by May 31st. If the Periodic Report is not filed on or before May 31st, the entity's status will be changed to Delinquent.

If the entity's status is Delinquent, a Statement Curing Delinquency must be filed to return the entity's status to Good Standing.

Q2. When filing a Statement Curing Delinquency, why am I unable to keep the original name?

A2. The delinquent entity name is saved for the entity for 400 days from the date of delinquency. On the 401st day, the entity name is changed to include the word “delinquent” and the date of delinquency. The original entity name becomes available for another entity to use.

You can select another name for your entity by filing Articles of Amendment or Statement of Change.

Your business is unique. We do not know every situation your business is facing and cannot answer legal-based questions. We suggest talking to an attorney or business advisor if you have questions.

Q3. Can I file a Statement Curing Delinquency if my entity has been in a Delinquent status 5 years or longer?

A3. Yes, you can file a Statement Curing Delinquency. However, according to Section 7-90-904(1)(c)(III), C.R.S. (House Bill 24-1137), you are required to submit the following to our office to cure the entity’s delinquency:

• Statement Curing Delinquency submitted under penalty of perjury.
• Affidavit attesting that the individual who submitted the Statement Curing Delinquency has the authority of the entity to sign for and act on behalf of the entity.
• Government-issued Photo ID for the individual who submitted the Statement Curing Delinquency and the Affidavit.

Our office will review the submission to accept or reject the filing.

If accepted, the affidavit and government-issued Photo ID will not be viewable by the public.

If rejected, you cannot receive a refund or reuse those funds for another filing. You will need to resubmit all required documents and pay the required fees again.

Q4. Can you review my affidavit and government-issued Photo ID before I submit them for filing?

A4. Our office provides a review service for your convenience. If you would like our office to review your affidavit and/or ID documents prior to submission, send a PDF of the document(s) via email, BusinessAffidavitReview@Coloradosos.gov.

Q5. Do you offer an expedited service?

A5. No, your documents will be reviewed by our office in the order in which they were submitted. You will be notified by email whether your filing has been accepted or rejected.