Starting a Corporation in Colorado | What You Need to Know

Steve Bennett
Business Formation Expert  |   Fact Checked by Editorial Team
Last updated: 
WebinarCare offers informative content for educational purposes only, not as a substitute for professional legal or tax advice. We may earn commissions if you use the services we recommend on this site.
WebinarCare is led by Steve Bennett, a seasoned expert in the business world. He's gathered a team that's passionate about giving you reliable advice on everything from starting a business to picking the right tools. We base our tips and guides on real-life experience, ensuring you get straightforward and proven advice. Our goal is to make your business journey smoother and more successful. When you choose WebinarCare, you're choosing a trustworthy guide for all things business.
Start a Corporation in Colorado

In Colorado, starting a corporation can benefit entrepreneurs looking to establish a separate legal entity for their business. Incorporating your business provides liability protection for its owners and offers potential tax benefits and a professional image. This comprehensive guide will walk you through Starting a Corporation in Colorado, from choosing a corporate name to fulfilling ongoing compliance requirements. Some people consider starting a corporation since it has advantages and benefits rather than Starting an LLC in Colorado.

Webinarcare Editorial Team will help you gain knowledge in starting a corporation with thorough research and market study. It would be best to cross-check all the factors in this article before forming a corporation.

What is a Corporation in Colorado?

A corporation in Colorado is a business organization recognized as a separate legal entity from its owners, also known as shareholders. When a corporation is formed, shareholders invest capital by purchasing shares of stock and, in return, become partial company owners. The corporation is managed by a board of directors elected by the shareholders to oversee the company’s operations and make important decisions. Corporations in Colorado are required to have at least One directors. One of the main advantages of a corporation in Colorado is that it provides limited liability protection to its shareholders, meaning their assets are not at risk if the corporation incurs debt or is legally sued.

Recommended: Online Corporation Formation services offer lifetime customer support, 100% correctness, and the ability to fill out and submit all these forms on your behalf in a lot less time. We recommend using –

LegalZoom ($149 + State Fees) Online Corporation Setup

Common Types of Corporations

Before you start with a corporation, you should know what type of corporation you will form. There are several different forms of corporations you can take into consideration, depending on your corporation’s objectives and ownership structure.

C-Corporation

C-Corporation is the most known type of incorporation. They have almost all corporate distinguishing characteristics. Profits are distributed to corporate owners who are taxed at an individual level. The corporation is taxed similarly to a business unit.

S-Corporation

S-Corporation in Colorado is set up similarly to a C-corporation but has different tax implications and owner limits. An S-Corporation has no more than 100 stockholders and is not taxed separately. These business units must also file paperwork with the Internal Revenue Service (IRS) to obtain their status.

Nonprofit Corporation

Religious, educational, and charity institutions frequently use nonprofit businesses to run their operations without making a profit. Thus, a nonprofit corporation is exempt from paying taxes. The nonprofit organization’s gifts, contributions, or cash are reinvested in the company to fund its growth, future endeavors, or operations.

It is recommended to Start a Corporation in Colorado if you would like to provide limited liability protection to your shareholders rather than Colorado LLC. However, you may want to consult to LegalZoom’s Business Attorney before starting a business.

WEBINARCARE EDITORIAL TEAM

How to Start a Corporation in Colorado

To start a corporation in Colorado, you must follow the below steps that, include choosing a corporate name, hiring a Registered Agent, appointing directors, filing for Articles of Incorporation, creating corporate bylaws, holding the initial board of directors, issuing stock, obtaining required licenses and permits, registering with state tax agencies, and annual reporting and ongoing compliance. All these steps are basic ones. It can be changed depending on the type of corporation you form and the nature of your business.

Step 1: Choosing a Corporate Name

The first step in starting a corporation is choosing an available name that complies with Colorado naming rules. Most states require that the name of a corporation be distinguishable from other registered business names and include a corporate designator such as “Corporation,” “Incorporated,” “Company,” or an abbreviation thereof.

Here are some guidelines you must follow while naming your corporation in Colorado-

  • Your business name must contain entity identifiers, such as “Incorporated,” “Limited,” “Corporation,” or “Company,” or an abbreviation, such as “Inc.,” “Co.,” or “Ltd.”
  • Exclude any words in your business name, such as “Trust,” “Bank,” “Credit Union,” or “Trustee,” or words related to a government agency, such as “FBI,” “State Department,” or “Treasury.”

To check the availability of your desired corporate name, you can search the Colorado Secretary of State‘s business name database and Business Name Search in Colorado. If the name is available, you may choose to reserve it for a specific period of 120 days by filing a name reservation application and paying the online name reservation fee of $25 and mail name reservation fee of Not available. If your corporation plans to operate under a name other than its legal name, you may also need to register a fictitious or “doing business as” (DBA) name.

The DBA filing can be done by one method, online filing, which costs around $20. In addition, the DBA’s validity in Colorado is one year, which you can file in Colorado Secretary of State.

You can check out How to File a DBA in Colorado for clearer understanding.

Step 2: Hire a Registered Agent

Hiring a Registered Agent is essential in starting a corporation. Registered Agent is a person or company responsible for receiving important legal documents, tax notices, and other correspondence on behalf of your corporation. They ensure that your corporation remains compliant with state regulations and requirements. There are Colorado Registered Agent Services to check in forming Colorado Corporation. We reviewed some of the best-registered agent services and provided features as an add-on with their packages.

LLC Service

Rating & Pricing

Top Features

Learn More

#1 Recommendation

$299 Per Year

  • Free LLC Formation

  • RA service in all states

  • Legal consultation

$125 Per Year

  • Flat price for RA service

  • LLC formation package

  • Fast service

Step 3: Appointing Directors

Corporations in Colorado are required to have at least One directors, though some states may require more. Directors are responsible for overseeing the corporation’s management and making major decisions on behalf of the company. In Colorado, directors must be at least 18 years old and do not need to be state residents.

When appointing directors, it is essential to consider individuals who are knowledgeable, trustworthy, and capable of making sound business decisions. Maintaining a record of appointed directors, including their names, addresses, and terms of service, is also a good idea.

Step 4: Preparing and Filing Articles of Incorporation

After you appoint the initial board of directors in your Colorado corporation, the next step is to write and file a Articles of Incorporation. In writing, the Colorado Articles of Incorporation, the corporation name, principal place of business, the purpose of business, Registered Agent contact information, and the names and addresses of incorporators and initial board members, should be written.

To officially form your Colorado corporation, you must prepare and file Articles of Incorporation with the Colorado Secretary of State. The Articles of Incorporation is a legal document that outlines essential information about your corporation, such as its name, address, purpose, and details about its stock.

The specific requirements for Articles of Incorporation vary by state, but generally, the document must include the following:

  • The corporate name
  • The purpose of the corporation
  • The name and address of the registered agent
  • The names and addresses of the initial directors
  • The number of authorized shares and their par value
  • The name and address of the incorporator(s)

Once the Articles of Incorporation are complete, please submit them to the Colorado Secretary of State’s office, along with the required filing fee. Fees vary by state, but in Colorado, the Articles of Incorporation filing fee costs around $50 for filing online . It is crucial to provide accurate and complete information on this document, as errors or omissions may result in delays or rejection of your filing.

  • Online Filing: Get the online form from Secretary of State, fill it up, and submit. Don’t refresh the page during the process. It will erase everything.
  • Offline filing: There’s no offline method of filing the documents

Step 5: Creating Corporate Bylaws

Now you are done filing Articles of Incorporation in Colorado, the next step is to draft corporate bylaws. While not always required by law, creating corporate bylaws is essential in establishing Colorado corporation. Bylaws are the internal rules and regulations that govern the corporation’s operations and management. They outline the rights and responsibilities of directors, officers, and shareholders and provide guidelines for holding meetings and making decisions.

Key provisions to include in your corporate bylaws may include:

  • The corporation’s purpose and principal place of business
  • The roles and responsibilities of directors, officers, and shareholders
  • The process for appointing and removing directors and officers
  • The procedures for holding annual and special meetings
  • The methods for amending the bylaws and Articles of Incorporation
  • The procedures for issuing stock and maintaining shareholder records

Once the bylaws are drafted, they must be adopted by the corporation’s board of directors. Keeping a copy of the bylaws with your corporate records and updating them to reflect changes in the corporation or applicable laws is essential.

Step 6: Holding the Initial Board of Directors Meeting

The initial board of directors meeting is a crucial milestone for your Colorado corporation. During this meeting, the directors will adopt the corporate bylaws, elect officers, and make other key decisions to set the foundation for the corporation’s operations.

The agenda for the initial board meeting may include the following:

  • Adopting the corporate bylaws
  • Ratifying any pre-incorporation actions taken by the incorporator(s)
  • Electing corporate officers (e.g., president, vice president, secretary, treasurer)
  • Designating a corporate bank account
  • Authorizing the issuance of stock
  • Approving necessary licenses, permits, and tax registrations

It is essential to keep detailed minutes of the initial board meeting, documenting the decisions made and actions taken. These minutes should be stored with your corporate records.

Step 7: Issuing Stock

Corporations in Colorado are required to issue stock to their owners, also known as shareholders. When preparing to issue stock, you must determine the number of authorized shares and their par value, as outlined in your Articles of Incorporation. You may choose to issue different classes of stock, each with its rights and privileges, such as voting rights and dividend preferences.

The process for issuing stock typically involves the board of directors approving a stock issuance resolution, determining the price per share, and recording the issuance in the corporation’s stock ledger. Maintaining accurate and up-to-date records of all stock transactions, including transfers and cancellations, is crucial to ensure proper ownership tracking and compliance with securities laws.

Step 8: Obtaining Required Licenses and Permits

Depending on the nature of your corporation’s activities and location, you may need to obtain various licenses and permits to operate legally. These may include federal, state, and local requirements, such as:

  • A Federal Employer Identification Number (EIN) for tax reporting and employee withholding purposes.
  • State sales and use tax registration, if your corporation sells taxable goods or services
  • Professional or occupational licenses for specific industries (e.g., healthcare, construction, food service)
  • Colorado Business Licenses, zoning permits, and health department approvals

Researching and obtaining all required Colorado licenses and permits before commencing operations and maintaining compliance with any ongoing renewal or reporting requirements is essential.

Step 10: Registering with State Tax Agencies

In addition to obtaining licenses and permits, your Colorado corporation may also need to register with various tax agencies. This may include registering for sales and use tax, obtaining an Employer Identification Number (EIN) in Colorado for payroll tax purposes, and filing state income tax and franchise tax returns.

An EIN will serve as the tax ID for your Colorado corporation. EIN can be obtained from the Internal Revenue Service (IRS). It is a 9-digit number similar to Social Security Number. EIN, however, is distinct from SSN. It is only used for business-related activities, particularly for submitting general taxes. The form must be completed and uploaded to the IRS website.

The application of an EIN in Colorado can be through the following:

  • Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
  • Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that Form SS-4 contains all of the required information.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

Each state has tax requirements, so consult a tax professional or Colorado Department of Revenue for guidance on your specific obligations.

Step 11: Annual Reporting and Ongoing Compliance

Once your Colorado corporation is up and running, you must fulfill ongoing reporting and compliance requirements to maintain good standing. This may include filing Annual Report with the Colorado Secretary of State, updating your corporate records to reflect changes in directors or officers, and staying current on any required licenses or permits.

In addition, it is essential to stay informed about changes in corporate laws and regulations that may impact your business and to seek professional advice when needed.

Paying Your Taxes in Colorado

Even if you have established your corporation in Colorado, pay your taxes and keep everything up to date so you won’t pay any penalty. Unlike an LLC, there is a corporate tax that every corporation in Colorado has to pay. On the other hand, they must pay income taxes based on their business income. Some other types of taxes in Colorado are sales tax, franchise tax (not applicable to all the states), and other state taxes.

Cost of Forming a Corporation in Colorado

In forming a corporation in Colorado, a filing and Annual fee must be paid. Without it, your corporation won’t operate. A corporation’s initial filing fee may vary from state to state. However, in Colorado, it costs $50 for filing online . The corporation in Colorado also has to file an Annual Report (though it might not be mandatory, it is recommended to file one). Ensure you comply with all the necessary fees and costs so your corporation will run successfully and smoothly.

FAQs

How do I start a corporation in Colorado?
You can start a corporation in Colorado by filing Articles of Incorporation with the Secretary of State.
What are the requirements for incorporating in Colorado?
Some requirements for incorporating in Colorado include choosing a unique name for your corporation, finding a registered agent in Colorado, and paying a filing fee.
How much does it cost to incorporate in Colorado?
Filing fees for incorporating in Colorado start at $50.
Do I have to be a resident of Colorado to start a corporation there?
No, you do not have to be a resident of Colorado to start a corporation there.
What type of corporation should I form in Colorado?
You can form a standard corporation, a professional corporation, or a nonprofit corporation in Colorado.
How many people do I need to start a corporation in Colorado?
You only need one person to start a corporation in Colorado.
How long does it take to incorporate in Colorado?
The timeframe for incorporating in Colorado varies, but it can take around 5 to 7 business days.
Can I file for a trademark at the same time as I file for incorporation in Colorado?
Yes, you can file for a trademark at the same time as you file for incorporation in Colorado.
Will my corporation be automatically registered with the Colorado Department of Revenue?
No, you will need to register for a Colorado sales tax license separately.
Do corporations have to pay income tax in Colorado?
Yes, corporations are subject to Colorado’s corporate income tax.
What is the minimum amount of shares I can issues when starting a corporation in Colorado?
The minimum amount of shares you can issue when starting a corporation in Colorado is one.
Can I form a corporation in Colorado if I live in another state?
Yes, you can form a corporation in Colorado if you live in another state.
Can a Colorado corporation do business outside of Colorado?
Yes, a Colorado corporation can do business outside of the state.
How often do I have to file an annual report for my Colorado corporation?
You must file an annual report every year with the Colorado Secretary of State.
Can I change the name of my Colorado corporation after incorporating?
Yes, you can change the name of your Colorado corporation by filing Articles of Amendment with the Colorado Secretary of State.
Can I change the status of my Colorado corporation from a for-profit to a nonprofit later on?
Yes, you can change the status of your Colorado corporation from a for-profit to a nonprofit later on, but it requires additional filings.
Does Colorado require corporations to have bylaws?
Yes, Colorado requires corporations to have bylaws.
What is a Colorado registered agent and do I need one?
A Colorado registered agent is a person or entity who receives legal documents on behalf of a corporation. You need a registered agent in Colorado to form a corporation.
Can a nonprofit corporation make a profit in Colorado?
Yes, a nonprofit corporation can make a profit in Colorado, but the profit must be used to support the corporation’s charitable mission.
Can I form a Colorado corporation if I’ve had a felony conviction?
Yes, an individual can still form a Colorado corporation even with a felony conviction.
Do I need to get a business license to start a corporation in Colorado?
Depending on the type of business you are starting, you may need to get a business license in Colorado.
What happens if I don’t file my annual report on time in Colorado?
Failing to file your annual report on time in Colorado can result in late fees and eventually the revocation of your corporation’s status.
Can I operate a Colorado corporation without a board of directors?
No, a Colorado corporation must have a board of directors.
Am I liable for the debts of my Colorado corporation?
Generally, shareholders are not personally liable for the debts of a corporation in Colorado.
What type of tax forms do I need to file for my Colorado corporation?
You must file a corporate tax return with the Colorado Department of Revenue.
Does Colorado have any special rules for corporations that work with agriculture?
Yes, there are additional rules and regulations for corporations that work with agriculture in Colorado.
How do I dissolve a Colorado corporation if I no longer want to do business?
To dissolve a Colorado corporation, you must file Articles of Dissolution with the Colorado Secretary of State.
Can I sell my shares in a Colorado corporation if I want to liquidate my investment?
Yes, you can sell your shares in a Colorado corporation if you want to liquidate your investment.
What is the minimum amount of capital I need to form a corporation in Colorado?
Colorado does not have any minimum capital requirements to form a corporation.
What are the requirements to start a corporation in Colorado?
To start a corporation in Colorado, you need to file Articles of Incorporation with the Colorado Secretary of State.
How long does it take to start a corporation in Colorado?
The time it takes to start a corporation in Colorado depends on how quickly all the required documents can be filed.
What is the minimum number of shareholders required for a corporation in Colorado?
In Colorado, a corporation can have just one shareholder.
Is there a fee to file the Articles of Incorporation in Colorado?
Yes, there is a fee to file the Articles of Incorporation in Colorado.
What is the fee for filing the Articles of Incorporation in Colorado?
The fee to file the Articles of Incorporation in Colorado changes periodically but is currently $50.
Can I file my Articles of Incorporation online in Colorado?
Yes, you can file your Articles of Incorporation online in Colorado.
What types of corporations can I form in Colorado?
You can form a C corporation, S corporation, or Benefit Corporation in Colorado.
What is a Benefit Corporation in Colorado?
In Colorado, a Benefit Corporation is a for-profit corporation which is also required to have a social or environmental purpose.
Can a non-resident of Colorado start a corporation in the state?
Yes, anyone can start a corporation in Colorado, even if they are not a resident of the state.
Who is authorized to file the Articles of Incorporation in Colorado?
The Articles of Incorporation can be filed by a director or an incorporator.
What is a Registered Agent in Colorado?
A Registered Agent in Colorado is an individual or business that accepts service of process on behalf of a corporation.
Can I be my own Registered Agent in Colorado?
Yes, in Colorado, you can be your own Registered Agent.
What is the role of the Board of Directors in a corporation in Colorado?
The Board of Directors in a corporation in Colorado is responsible for making major corporate decisions.
How many members can there be on the Board of Directors in Colorado?
There is no maximum number of members that can sit on the Board of Directors in Colorado.
Is a corporate bylaws required in Colorado?
Corporate bylaws are not required by Colorado law, but they are a good idea to have.
What is the Tax ID number requirement for starting a corporation in Colorado?
A Tax ID number is required for starting a corporation in Colorado.
Can I get a Tax ID number before filing Articles of Incorporation in Colorado?
No, a Tax ID number can only be obtained once Articles of Incorporation have been submitted.
What is the Secretary of State in Colorado’s office address?
The Colorado Secretary of State’s office is located in Denver at 1700 Broadway.
Does Colorado have a franchise tax for corporations?
No, Colorado does not have a franchise tax for corporations.
What is the annual report requirement for corporations in Colorado?
Corporations in Colorado must file an annual report each year.
Can I convert my LLC to a corporation in Colorado?
Yes, you can convert an LLC to a corporation in Colorado.
What is the benefits of starting a corporation in Colorado?
Benefits of starting a corporation in Colorado can include shielding personal assets from business liabilities, and the ability to sell company stock to raise funds to improve or expand the business.
Is there a minimum initial investment required to start a corporation in Colorado?
There is no minimum initial investment required to start a corporation in Colorado.
What is the Corporate Income Tax rate in Colorado?
The Corporate Income Tax rate in Colorado is a flat 4.63%.
Can I use a PO Box for the Registered Office Address in Colorado?
No, you can’t use a PO box for the Registered Office Address in Colorado.
What is the maximum number of shareholders allowed for an S Corporation in Colorado?
In Colorado, an S Corporation can have up to 100 shareholders.
What is Colorado benefit corporation?
A Colorado benefit corporation is a for-profit corporation that has a social or environmental mission.
How do I form a benefit corporation in Colorado?
To form a benefit corporation in Colorado, you need to file Articles of Incorporation with the Colorado Secretary of State.

Also Read

How to Save Money While Forming Your Colorado Corporation

First and foremost, it is crucial to have a clear understanding of the entity structure that best suits your business needs. When setting up a corporation, entrepreneurs often find themselves torn between two popular choices: S-Corporations and C-Corporations. It is essential to carefully examine the pros and cons associated with each option in terms of taxation, ownership, and administrative requirements. By considering these factors comprehensively, one can make an informed decision that will have both long-term financial and legal impact.

Another way to save money during the formation of a Colorado corporation is to conduct thorough research on corporate service providers (‘CSPs’). It is advisable to compare multiple providers and obtain quotes from each, ensuring that you have a comprehensive idea of the costs associated with various services. Additionally, pay close attention to the services and options available, as these can significantly differ depending on the CSP. However, it is fundamental to prioritize the reliability and expertise of the chosen provider, as skimping on quality could lead to further expenses or disadvantages in the future.

Equally important is contemplating whether you should engage the services of an attorney or accountant during the incorporation process. While it may be tempting to handle everything independently to save on professional fees, it is essential to evaluate the complexity of your business and assess whether expert guidance is necessary. Consulting with professionals can offer substantial benefits, such as avoiding mistakes, ensuring compliance with legal regulations, and ultimately saving money in the long run by preventing potential legal and financial setbacks.

An often neglected avenue for savings during incorporation is finding eligible tax rebates and incentives offered by the state of Colorado. Governments at various levels, including state and local, often provide tax benefits and rebates targeted at small businesses. These incentives can range from exemption from sales tax to startup grants or credits. Proper research, coupled with assistance from experts, can help entrepreneurs determine which of these benefits they qualify for and ensure maximum leverage of available tax incentives, thus mitigating initial costs.

Finally, it is essential to be realistic when deciding on the initial capitalization of your corporation. Consider your current and projected needs, but also be mindful of the potential risks and uncertainties that lay ahead. Overestimating can lead to unnecessary expenditure, whereas underestimating might result in serious financial implications down the road. Finding the right balance is key to effectively and cost-efficiently starting your Colorado corporation.

Saving money during the formation of your Colorado corporation is undeniably an integral part of ensuring its long-term success and financial sustainability. By thoroughly examining entity structures, researching service providers, seeking expert advice, leveraging tax incentives, and adequately assessing capitalization needs, entrepreneurs can maximize their cost savings. While establishing a corporation naturally comes with its financial challenges, staying diligently focused on saving every dollar deemed practical will inevitably lead to a stronger and more prosperous foundation for your business.

Conclusion

Starting a corporation in Colorado involves several critical steps, from choosing a corporate name to fulfilling ongoing compliance requirements. Following the steps outlined in this guide and seeking professional advice when needed, you can successfully establish your Colorado corporation and enjoy the benefits of limited liability, potential tax savings, and a professional business image.

Leave a Comment