Corporate Matters

Subscribe to Corporate Matters via RSS

The Corporate Transparency Act (“CTA”) seeks to limit the use of shell entities to hide illicit activities and to increase transparency in corporate ownership by collecting identification information of the individuals that organize and own entities. While the CTA is generally applicable to all industries, it has a disproportionate impact on the commercial…

The Colorado Supreme Court (the “Court”) has now weighted-in on the requirements for foreign courts to create enforceable charging orders against Colorado LLCs.  In JPMorgan Chase Bank N.A. v. McClure (2017 CO 22. No. 15SC816 (Colo. 2017)), the Court ruled that to be enforceable, foreign charging orders against a Colorado LLC must be either (i) procedurally domesticated in Colorado, or (ii) issued by a court with proper jurisdiction over the LLC or the membership interest in question.
Continue Reading Enforcing Foreign Charging Orders against Colorado LLCs

Negotiations occurring over e-mail may, in certain circumstances, create a binding contract.  Two cases out of New York have held that where a meeting of the minds is evident through email correspondence, a contract can arise.

  • Naldi v. Grunberg:  Although the court ultimately determined there was no “meeting of the minds” of the parties

…

Numerous Colorado registered entities have recently received solicitations through the mail offering report-filing services.  Official-looking letters titled “Periodic Report” are being issued and sent by “Corporate Controllers Unit” and seek to have Colorado registered entities pay an “Annual Fee” of $225 to have a “Periodic Report” filed on their behalf.  These letters contain a form…

According to law enforcement officials, identity thieves have been using the Colorado Secretary of State’s (the “Secretary”) website to engage in business identity theft.  By accessing the Secretary’s website, identity thieves are able to obtain public information about Colorado registered entities, and then for a nominal fee are able to change the registered agent of…