-6-
secretary of state pertaining to such corporation shall
have full power and authority to sue and be sued in the
corporate name and to hold, convey, and transfer such
corporate property, and, for purposes of suit against
the corporation, each such director shall be deemed an
agent for process. * * *
On the record before us, we find that petitioner has failed
to establish that, when, as the parties agree, petitioner dis-
solved in 1995,4 it retained any property, let alone any real
property. We conclude on that record that petitioner was re-
quired by Colo. Rev. Stat. Ann. sec. 7-26-120(1) (West 1990)
(repealed 1998) to commence an action for any right or claim that
it had as of the time of its dissolution in 1995 within two years
after the date of that dissolution.5 The petition in this case
was filed on March 5, 1999. On the record presented, we conclude
4Although the record in this case establishes that the board
of directors of petitioner adopted a resolution on Jan. 3, 1995,
authorizing dissolution of petitioner and that petitioner filed a
“STATEMENT OF INTENT TO DISSOLVE OF A COLORADO NONPROFIT CORPORA-
TION” with the secretary of state of Colorado on or after that
date, the record does not establish the date in 1995 on which
petitioner was considered to be dissolved under the laws of the
State of Colo.
5The two-year limitation in Colo. Rev. Stat. Ann. sec. 7-26-
120(1) (West 1990) (repealed 1998) was repealed when the Colo.
Rev. Nonprofit Corp. Act was enacted. See Colo. Rev. Stat. sec.
7-134-105(3)(d)(1999). However, the Colo. Rev. Nonprofit Corp.
Act applies only to “existing corporate entities”, i.e., entities
in existence on June 30, 1998, the day before the effective date
of the Colo. Rev. Nonprofit Corp. Act, which were incorporated
under the Colo. Nonprofit Corp. Act that was in effect prior to
July 1, 1998. See Colo. Rev. Stat. sec. 7-137-101(1)(a) and (2)
(1999). Petitioner agrees that it was not in existence on June
30, 1998. Consequently, petitioner was not subject to any of the
provisions of the Colo. Rev. Nonprofit Corp. Act, including Colo.
Rev. Stat. sec. 7-134-105(3)(d)(1999).
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