Colo. Rev. Stat. § 7-90-203.1

Current through Chapter 492 of the 2024 Legislative Session
Section 7-90-203.1 - Exchange of owner's interest
(1) One or more domestic entities may acquire all owner's interests of any other entity or all of one or more classes, series, or types, in exchange for owner's interests or other securities, obligations, rights to acquire owner's interests, or other securities, cash, property, or any combination pursuant to a plan of exchange complying with section 7-90-203.3 and approved pursuant to section 7-90-203.4.
(2) A foreign entity may be party to an exchange pursuant to a plan of exchange complying with section 7-90-203.3 and approved, in the case of a domestic entity, pursuant to section 7-90-203.4, if:
(a) The exchange is not prohibited by the constituent documents or organic statutes of the foreign entity;
(b) The foreign entity complies with all of the requirements, if any, of its constituent documents and organic statutes in effecting the exchange; and
(c) Any foreign entity that is the acquiring entity in the exchange complies with section 7-90-204.5.
(3) This section does not limit the power of a domestic entity to acquire the owner's interests of any other entity in a transaction other than an exchange.

C.R.S. § 7-90-203.1

Amended by 2022 Ch. 80, § 2, eff. 8/10/2022.
L. 2019: Entire section added, (SB 19-086), ch. 1914, p. 1914, § 8, effective 7/1/2020.

Section 72 of chapter 166 (SB 19-086), Session Laws of Colorado 2019, provides that the act adding this section applies to conduct occurring on or after July 1, 2020.

2022 Ch. 80, was passed without a safety clause. See Colo. Const. art. V, § 1(3).