The Colorado Corporate Right of First Refusal, also known as Corporate Resolutions, is a legal provision that gives existing shareholders of a corporation the first opportunity to purchase additional shares before they are offered to external parties. This right is typically included in the corporation's Articles of Incorporation or Bylaws, and its purpose is to protect the interests of current shareholders by allowing them to maintain control and prevent dilution of their ownership. There are various types of Corporate Right of First Refusal in Colorado, each with specific conditions and implications. The most common types include: 1. Pro Rata Right of First Refusal: Under this type, if a shareholder wishes to sell their shares to a third party, they must first offer those shares to existing shareholders in proportion to their existing ownership. The existing shareholders then have the option to purchase the offered shares at the same price and under the same terms as the potential buyer. 2. Enhanced Right of First Refusal: This type grants certain shareholders, typically founding or key shareholders, a higher priority in exercising their right of first refusal. They may have the right to purchase a larger portion of the offered shares before other shareholders can exercise their rights. 3. Qualified Rights of First Refusal: This type introduces certain qualifications or conditions for the right of first refusal to be exercised. These qualifications may include financial thresholds, specific time periods, or other criteria set by the corporation or its shareholders. 4. Step-Up Rights of First Refusal: In some cases, shareholders may have the option to purchase additional shares beyond their pro rata ownership if other shareholders choose not to exercise their right of first refusal. This allows certain shareholders to increase their ownership percentage in the company. It is important for corporations and shareholders in Colorado to be aware of the specific terms and conditions outlined in the Corporate Right of First Refusal provision, as they can significantly impact shareholder transactions and corporate governance. Seeking legal advice and drafting clear and well-defined provisions are crucial to ensure compliance with Colorado state laws and the corporation's governing documents.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.