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Re: Determinator post# 127678

Monday, 10/23/2017 8:42:00 AM

Monday, October 23, 2017 8:42:00 AM

Post# of 183214
Colorado Revised Statutes Title 7

A share buyback is considered a “distribution”. This section deals with “distributions”.

§ 7-106-401

https://law.justia.com/codes/colorado/2016/title-7/corporations-continued/article-106/part-4/section-7-106-401

Specifically paragraph 3

(3) No distribution may be made if, after giving it effect:

(a) The corporation would not be able to pay its debts as they become due in the usual course of business; or

(b) The corporation's total assets would be less than the sum of its total liabilities plus (unless the articles of incorporation permit otherwise) the amount that would be needed, if the corporation were to be dissolved at the time of the distribution, to satisfy the preferential rights upon dissolution of shareholders whose preferential rights are superior to those receiving the distribution.