Ability to conduct business activities electronically

Q1. How does an entity conduct business activities electronically?

A1. Colorado law allows certain business activities to be conducted electronically. This includes but is not limited to providing notice by electronic transmission to the owners of a business. CRS 7-90-105. An entity can designate in its constituent filed document (Articles of Organization, Articles of Incorporation, etc.), the type of information processing system by which it agrees to accept electronic transmissions. CRS 7-90-105. This information, including any agreed upon e-mail address(es), should be in an attachment and will be viewable to the public.

Colorado law also allows certain types of corporation business meetings, like annual meetings, special meetings, and shareholders’ meetings, to be held solely by remote participation under certain conditions. CRS 7-107-101; 7-107-102; and 7-107-108.

Q2. What does “conducting business” mean?

A2. 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 need more help.

Q3. What does electronic transmission mean?

A3. It means any form or process of communication not directly involving the physical transfer of paper or another tangible medium like email. See CRS 7-90-102(19.9) (PDF).