The Entity Is A Corporation Because It Has A Board Of Directors And Officers. Who Would Make That Argument?

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In Kissinger & Fellman, PC v. Affiniti Colorado, LLC, the Colorado Court of Appeals determined that EAGLE-Net was a corporation because it had a board of directors and officers – even though never incorporated under the Colorado Business Corporation Act. The Court then proceeded to apply the CBCA to various aspects of the case, unfortunately misinterpreting the CBCA in doing so. As I have stated before in several other articles published in this newsletter in the past ten years, it is important that our litigators and courts have a better understanding of our business entity law as they are arguing and deciding cases to avoid creating unfortunate and in accurate precedent such as in this case.