Secretary of State Jena Griswold Leads Introduction of Legislation to Counteract & Prevent Fraudulent Business Filings

Denver, January 30, 2024 - Secretary of State Jena Griswold’s priority legislation to help protect Colorado’s business owners from fraud has been introduced in the Colorado House of Representatives.

“Colorado’s business owners are the backbone of our economy,” said Secretary of State Jena Griswold. “This legislation will help tighten requirements for registered agents, broaden who can file a fraudulent business filing complaint, and prevent bad actors from taking advantage of Colorado businesses.”

HB24-1137, Implement Fraudulent Filings Group Recommendations, will create new requirements for business filings and filers, making it harder for bad actors to engage in business fraud while improving the accuracy of information in the Office’s business registry. The bill is sponsored by Representatives Tisha Mauro and Rick Taggart.

“My top priority as a legislator is passing bills that make this state better. I take business fraud very seriously and have seen the impact it has on everyday Coloradans. I am proud to carry this bill to mitigate potential harm to our business community,” said sponsor Representative Tisha Mauro.

“Fraud is a constant threat to our businesses, and it’s our responsibility to stay ahead of it,” said sponsor Representative Rick Taggart. “This legislation will allow Colorado’s business owners to focus on running their businesses, not on looking over their shoulders for malicious entities.”

The legislation would codify the recommendations of the Fraudulent Filings Working Group convened by the Secretary of State’s Office in 2022 and 2023. The Working Group was tasked with studying additional measures to counteract fraudulent filings in the online business filing system. When enacted, this bill will:

• Tighten Colorado residency requirements to act as the registered agent of an entity.
• Prohibit the use of a post office box address for a registered agent.
• Broaden the scope of those who can file a fraudulent business filing complaint to include law enforcement and the Department of State.
• Require individuals to submit an affidavit proving their identity and authority to file on behalf of that business when:
  • attempting to cure business entities that have been delinquent for longer than 5 years; and
  • attempting to reinstate an entity that has been dissolved for less than two years. entities to include an affidavit.
• Expedite the process in which an entity found to have been created fraudulently or for fraudulent purposes can be marked as delinquent to improve the accuracy of information in the business registry, provide important public notice, and decrease the amount of financial fraud.

Read the full text of the bill on the Colorado legislature’s website.