(1) A corporation is incorporated when the articles of incorporation are filed by the secretary of state or, if a delayed effective date is stated pursuant to section 7-90-304 in the articles of incorporation as filed by the secretary of state and if a statement of change revoking the articles of incorporation is not filed before such effective date, on such delayed effective date. The corporate existence begins upon incorporation.
(2) The secretary of state's filing of the articles of incorporation is conclusive that all conditions precedent to incorporation have been met.
Source: L. 93: Entire article added, p. 744, § 1, effective July 1, 1994. L. 96: (2) amended, p. 1312, § 8, effective June 1. L. 2002: (1) amended, p. 1859, § 157, effective July 1; (1) amended, p. 1711, § 105, effective October 1. L. 2003: (1) amended, p. 2314, § 221, effective July 1, 2004. L. 2004: (1) amended, p. 1496, § 249, effective July 1.
ANNOTATION
Annotator's note. Since § 7-102-103 is similar to § 7-2-104 as it existed prior to the 1993 recodification of the "Colorado Business Corporation Act", articles 101 to 117 of title 7, cases construing that provision and its predecessors have been included in the annotations to this section.
Any attempt to pierce the corporate veil after corporate existence was established is equitable in nature and therefore may not be heard by a jury. Straub v. Mtn. Trails Resort, Inc., 770 P.2d 1321 (Colo. App. 1988).