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Bill Detail: SB22-034

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Title Business Filing Address And Name Fraud
Status Governor Signed (06/02/2022)
Bill Subjects
  • Business & Economic Development
  • State Government
House Sponsors S. Bird (D)
S. Sandridge (R)
Senate Sponsors K. Priola (D)
C. Kolker (D)
House Committee Business Affairs and Labor
Senate Committee Business, Labor and Technology
Date Introduced 01/12/2022
Summary

Under current law, a business entity submits to the secretary of
state for online filing documents that concern the creation, organization,
and operations of the entity. By submitting a document, an individual
affirms under penalty of perjury that the individual is authorized to file
the document, the facts in the document are true, and the document
otherwise complies with the secretary of state's filing requirements. The

secretary of state files the document in an online database as a ministerial
act and does not independently verify whether the document is accurate.
The bill creates a complaint process for a person whose business
identity or personal identifying information has been used in the filing of
these documents with the secretary of state without authority or for
fraudulent activity. If a complaint is submitted with the secretary of state,
the secretary may forward the complaint to the attorney general for
further investigation. The attorney general may investigate the complaint
and refer the complaint to an administrative law judge.
If an administrative law judge determines that an entity has been
created fraudulently or without authorization, the secretary of state will:
  • Mark the business record with a notice that the entity is
fraudulent or unauthorized;
  • Redact each address that was used without authorization
from the entity's filing and from any other relevant filings;
and
  • Disable additional filing functionality on the entity's
records.
If an administrative law judge determines that an unauthorized
filing was made for a legitimate entity, the secretary of state will:
  • Mark each unauthorized filing for the entity to notify the
public that the filing is unauthorized;
  • Redact from the entity's filing and from the relevant filings
each address and name that was used without authorization;
and
  • Mark the business record on the entity's filing to notify the
public that the entity has been the victim of fraudulent or
unauthorized acts.
If a person alleged to have committed fraud or unauthorized acts
fails to respond to the complaint, the allegations are deemed conceded,
and the secretary of state will take the appropriate steps listed above in
the same manner as if the finding had been made by an administrative law
judge.
Additionally, the bill states that fraudulent filings are unfair or
deceptive trade practices under the Colorado Consumer Protection Act
and as such are subject to enforcement by the attorney general's office.

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