A Statement of Authority in Colorado is a document recorded with the county clerk that identifies the person or position allowed to sign deeds, mortgages, and other real property instruments on behalf of a business, trust, or other entity. It is authorized by Colorado Revised Statutes 38-30-172, and once recorded in the county where the property sits, it serves as presumptive proof that the named signer can bind the entity. Buyers, lenders, and title companies rely on it to close transactions without having to read through operating agreements or trust instruments.
What the Filing Does Legally
The recurring problem in entity-owned real estate is simple: how does the party on the other side of the closing table know the signer actually has power to bind the LLC, partnership, or trust? A recorded Statement of Authority answers that question on the public record.
Under the statute, the recorded document is “prima facie evidence” of the facts it contains as they relate to title. The named individual or position holder is presumed authorized unless someone proves otherwise, and that presumption also covers the authority of whoever signed the statement itself. Title companies treat recorded statements as reliable enough to insure around, and courts generally uphold transactions where a third party relied on one in good faith.
The statement can spell out limitations as well. An LLC might authorize its manager to sign deeds but cap that authority at properties below a certain value. If no limitations appear, the absence is itself prima facie evidence that none exist.
What Must Be Included
The statute requires four elements:
- The full legal name of the entity.
- The type of entity and the state or jurisdiction where it was organized.
- A current mailing address for the entity.
- The name of the specific individual, or the title of the position, authorized to sign instruments affecting real property.
Optional provisions describing limitations on authority or how the entity handles its real property interests can be added. Naming a position title rather than a specific person can reduce the need for refiling after personnel changes, though some title companies prefer a named individual because it simplifies verification.
Who Files One
The statute defines “entity” broadly to cover any non-individual person capable of holding title to real property. That reaches LLCs, corporations, general and limited partnerships, trusts, nonprofit corporations, cooperatives, and other organizational forms recognized under Colorado law.
LLCs file most often, because outside parties cannot tell from the public record whether an LLC is manager-managed or member-managed. Partnerships use these filings when only certain partners can transfer or encumber property. Trusts holding real estate use them to confirm which trustee can execute documents without exposing the full trust instrument.
How to Record It
File the Statement of Authority with the county clerk and recorder in the county where the real property is located. If the entity owns property in more than one county, record a separate statement in each. An unrecorded statement has no legal effect against anyone who lacks actual knowledge of its contents, so skipping the recording defeats the point.
As of July 1, 2025, Colorado charges a flat recording fee of $43 per document regardless of page count, under HB 24-1269. That figure includes a $40 base charge plus standard surcharges and applies to amendments and replacement filings as well.
The statute does not require a specific title or role for the person signing the statement, but it treats the recorded document as prima facie evidence that the signer was authorized. In practice, having an officer, manager, general partner, or trustee sign reduces the chance of a later challenge.
Keeping the Filing Current
The statute allows any recorded statement to be amended or superseded by recording a new instrument of the same type in the same county. There is no separate amendment form; the entity prepares and records a new Statement of Authority with the current information.
A Statement of Authority does not expire. It remains effective until a superseding filing replaces it. That is where entities get into trouble. If a manager leaves and no one records an update, the old filing stays on the public record, and third parties are entitled to rely on it. The entity can end up bound by a transaction signed by someone who no longer has internal authority but still appears authorized in the county records. Record a superseding statement promptly after any leadership change.
What Happens When a Filing Is Wrong
Because recorded statements carry prima facie weight, mistakes create real exposure. If the filing names the wrong person or describes authority the entity never granted, a transaction completed under that apparent authority becomes the entity’s problem, not the third party’s.
Intentional fraud involving real property reaches Colorado’s criminal statutes. Selling or contracting to sell the same parcel to two different buyers with intent to defraud is a class 5 felony, with a presumptive prison sentence of one to three years, mandatory parole, and fines up to $100,000. Knowingly misrepresenting an ownership interest in land that a buyer relies on is a class 6 felony. These provisions could reach situations where a deliberately false Statement of Authority facilitates a fraudulent transfer.
Even without criminal intent, civil liability can follow. An entity that records misleading authority information and later tries to undo a transaction completed in reliance on it will typically lose, because courts protect good-faith third parties. The cost of litigation, unwinding deals, and recording corrective documents almost always exceeds the cost of getting the original filing right.