Colo. Rev. Stat. » Title 7
Colorado Revised Statutes

Colo. Rev. Stat. § 7-64-101 (2024)

Definitions

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

As used in this article, unless the context otherwise requires:

(1) (Deleted by amendment, L. 2003, p. 2249, § 149, effective July 1, 2004.)

(2) "Business" includes every trade, occupation, and profession.

(3) "Debtor in bankruptcy" means a person who is the subject of:

(a) An order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or

(b) A comparable order under federal, state, or foreign law governing insolvency.

(4) (Deleted by amendment, L. 2003, p. 2249, § 149, effective July 1, 2004.)

(5) "Distribution" means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to a transferee of all or a part of a partner's transferable interest.

(6) (Deleted by amendment, L. 2003, p. 2249, § 149, effective July 1, 2004.)

(7) "Filed statement" means a statement that has been filed by the secretary of state pursuant to part 3 of article 90 of this title. A copy of a filed statement means a copy of the filed statement that the secretary of state has certified to be in the records of the secretary of state. (8) to (10) (Deleted by amendment, L. 2003, p. 2249, § 149, effective July 1, 2004.)

(11) (Deleted by amendment, L. 2004, p. 1448, § 154, effective July 1, 2004.)

(12) (Deleted by amendment, L. 2003, p. 2249, § 149, effective July 1, 2004.)

(13) "Limited liability partnership" means a partnership that is registered as a limited liability partnership under section 7-64-1002 (1). (14) and (15) (Deleted by amendment, L. 2004, p. 1448, § 154, effective July 1, 2004.) (16) and (17) (Deleted by amendment, L. 2003, p. 2249, § 149, effective July 1, 2004.)

(18) "Partner" means a person who is admitted to a partnership as a partner of the partnership.

(19) "Partnership" shall have the meaning set forth in section 7-64-202 (1).

(20) "Partnership agreement" means the agreement, whether written, oral, or implied, among the partners that governs relations among the partners and between the partners and the partnership. For purposes of part 10 of this article, the term "partnership agreement" shall have the meaning set forth in section 7-64-1001 (2).

(21) "Partnership at will" means a partnership that is not a partnership for a definite term or particular undertaking.

(22) "Partnership for a definite term or particular undertaking" means a partnership in which the partners have agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking.

(23) "Partnership interest" or "partner's interest in the partnership" means all of a partner's interests in the partnership, including the partner's transferable interest and all management and other rights.

(24) "Partnership obligation" means any debt, obligation, or liability of the partnership, whether sounding in tort, contract, or otherwise.

(25) (Deleted by amendment, L. 2003, p. 2249, § 149, effective July 1, 2004.)

(26) "Property" means all property, real, personal, or mixed, tangible or intangible, or any interest therein.

(27) "Registrant" means a person that is registered under section 7-64-1002.

(28) (Deleted by amendment, L. 2003, p. 2249, § 149, effective July 1, 2004.)

(29) "Statement" means a statement of partnership authority under section 7-64-303, a statement of denial under section 7-64-304, a statement of dissociation under section 7-64-704, a statement of dissolution under section 7-64-805, a statement of registration under section 7-64- 1002, a statement of withdrawal of registration under section 7-64-1002, a statement of correction under section 7-90-305, or a statement of change under section 7-90-305.5 of any of the foregoing.

(30) (Deleted by amendment, L. 2003, p. 2249, § 149, effective July 1, 2004.)

(31) "Transfer" includes an assignment, conveyance, lease, mortgage, deed, and encumbrance.

(32) "Transferable interest" means a partner's share of the profits and losses of the partnership and the partner's right to receive distributions.

Source: L. 97: Entire article added, p. 866, § 1, effective January 1, 1998. L. 2002: (6), (7), and (29) amended, p. 1825, § 52, effective July 1; (6), (7), and (29) amended, p. 1690, § 50, effective October 1. L. 2003: (1), (4), (6), (8), (9), (10), (12), (15) to (20), (25), (28), (29), and

(30) amended, p. 2249, § 149, effective July 1, 2004. L. 2004: (11), (14), (15), (18), and (20) amended, p. 1448, § 154, effective July 1. L. 2009: (18) amended, (HB 09-1248), ch. 252, p. 1130, § 7, effective May 14.

Cross references: For additional definitions applicable to this article, see § 7-90-102.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1998–2024 · leading case: LaFond v. Sweeney, 2015 CO 3, 343 P.3d 939.
Sort: Relevance Newest Treatment
LaFond v. Sweeney, 2015 CO 3, 343 P.3d 939. “holding by comparing language from the Colorado Uniform Partnership Act of 1997 ("UPA"), §§ 7-64-101 to -1206, CRS. (2014), which specifically allows for reasonable compensation for services rendered in winding up the business of the partnership, with the LLC Act, which does not…”
LaFond v. Sweeney, 2012 COA 27, 345 P.3d 932. “See §§ 7-64-101 to 1206, C.R.S.2011. In fact, much of the language of the two acts is similar, although not identical.”
Zimmerman v. Dan Kamphausen Co., 971 P.2d 236 (Colo. Ct. App. 1998). “Initially we note that this case involves a partnership that was in existence prior to the enactment of the Colorado Uniform Partnership Act (1997) codified at § 7-64-101, et seq., C.R.S.1997, and thus, that Act is not considered for purposes of this opinion.”
Grosboll v. Grosboll, 2013 COA 141, 315 P.3d 1284. “2013 4 , and Colorado's Uniform Partnership *1289 Act (UPA), §§ 7-64-101 to -1206, C.R.S. 20134 suggest that a deed satisfying the statute of frauds is not required to convert individually held real property into a partnership asset.”
Bonati v. KDSW, No. 23CA1943 (Colo. Ct. App. Oct. 17, 2024). “Second, the mere act of holding a single piece of property for future sale — and paying property taxes — is not a business.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.