reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.5 - CENTRAL FILING OF EFFECTIVE FINANCING STATEMENTS (§§ 4-9.5-101 — 4-9.5-113) › Section 4-9.5-105 - Confirmations

(1)
(Deleted by amendment, L. 2006, p. 1148, § 4.)
(2) to (4)
(Deleted by amendment, L. 96, p. 1385, § 7, effective July 1, 1996.)
(5)
A buyer of farm products, whether or not registered, may rely conclusively on information obtained from the master list published and distributed electronically, regardless of any errors or omissions committed by the central filing officer in the electronic publication or distribution of the master list. If the information obtained electronically confirms that the name of the seller of a specified farm product is not on the master list, the sale of the farm product to the buyer shall be free of any security interest granted by that seller with respect to the farm product and the buyer may rely on the representation of the seller as to the seller's identity, so long as the reliance is in good faith.
L. 88: Entire article added, p. 330, §1, effective May 29. L. 94: (1) and (4) amended, p. 1553, §5, effective July 1. L. 96: (1), (2), (3), and (4) amended, p. 1385, § 7, effective July 1. L. 99: (1) and (5) amended, p. 749, § 16, effective 1/1/2000. L. 2003: (5) amended, p. 1672, § 4, effective July 1. L. 2006: (1) and (5) amended, p. 1148, § 4, effective 5/29/2012.
Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act amending subsections (1) and (5) is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.5 - CENTRAL FILING OF EFFECTIVE FINANCING STATEMENTS (§§ 4-9.5-101 — 4-9.5-113) › Section 4-9.5-105.3 - Effective financing statements

(1)
An effective financing statement shall state:
(a)
The name and address of the secured party;
(b)
The name and address of the debtor, which, in the case of an individual, shall have the surname appear first, and in the case of a corporation or other entity that is not an individual, shall have the name appear beginning with the first word or character that is not an article or punctuation mark;
(c)
The social security number, or other unique identifier, of the debtor or, in the case of a debtor doing business other than as an individual, the federal internal revenue service taxpayer identification number, or other unique identifier, of such debtor;
(d)
A description of the farm products subject to the security interest created by the debtor, including:
(I)
The amount of the farm products, unless all of a particular farm product is subject to the particular security interest;
(II)
The name of each county in which the farm products are produced, stored, or otherwise located or to be produced, stored, or otherwise located; and
(III)
The crop year, unless every crop year for the duration of the effective financing statement is subject to the particular security interest.
(e)
Further details of the farm products subject to the security interest, if needed to distinguish them from other farm products owned by the same person but not subject to the particular security interest; and
(f)
Such other additional information as the central filing officer may require to comply with
7 U.S.C. sec. 1631
or to more effectively carry out the purposes of this article.
(2)
An effective financing statement shall remain effective for a period of five years after the date of filing, unless its effectiveness is extended by filing one or more continuation statements in accordance with section
4-9.5-106 (1)
.
(3)
An effective financing statement may:
(a)
Cover more than one farm product located in more than one county for any given debtor; and
(b)
Cover more than one debtor.
(4)
An effective financing statement may not be created by amending a financing statement filed under article
9
of this title.
L. 2006: Entire section added, p. 1148, § 5, effective 5/29/2012.
Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act enacting this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.5 - CENTRAL FILING OF EFFECTIVE FINANCING STATEMENTS (§§ 4-9.5-101 — 4-9.5-113) › Section 4-9.5-105.7 - Amendment of effective financing statements

(1)
An effective financing statement may be amended to add or delete collateral, or otherwise to amend the information provided in the effective financing statement, by filing an amendment with the central filing officer that identifies the effective financing statement to which the amendment relates by providing its file number, filing office where originally filed, and date filed.
(2)
An effective financing statement that is amended by an amendment that adds collateral is effective as to the added collateral only from the date of the filing of the amendment.
(3)
An effective financing statement that is amended by an amendment that adds a debtor is effective as to the added debtor only from the date of the filing of the amendment.
(4)
If the security interest is terminated as to one or more of the farm products shown on the filed effective financing statement and the effective financing statement is to remain effective as to one or more other farm products, the secured party shall, within thirty days after such partial termination, file an amendment reflecting such partial termination with the central filing officer. If the affected secured party fails to file an amendment reflecting such partial termination within the thirty-day period, the secured party shall be liable to the debtor for five hundred dollars and, in addition, for any loss caused to the debtor by such failure.
(5)
An amendment to an effective financing statement to delete collateral does not amend or otherwise impair the perfection of any security interest perfected by the effective financing statement for purposes of article
9
of this title.
L. 2006: Entire section added, p. 1148, § 5, effective 5/29/2012.
Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act enacting this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.5 - CENTRAL FILING OF EFFECTIVE FINANCING STATEMENTS (§§ 4-9.5-101 — 4-9.5-113) › Section 4-9.5-108.5 - Forms

The central filing officer may prepare and furnish a form for any record that is subject to this article and may require the use of any such form.
L. 2006: Entire section added, p. 1153, § 9, effective 5/29/2012.
Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act enacting this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.5 - CENTRAL FILING OF EFFECTIVE FINANCING STATEMENTS (§§ 4-9.5-101 — 4-9.5-113) › Section 4-9.5-109 - "Food Security Act of 1985"

Whether a buyer of farm products takes subject to a security interest shall be determined by section 1324 of the federal "Food Security Act of 1985" and applicable provisions of Colorado law.
L. 88: Entire article added, p. 331, § 1, effective May 29.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.5 - CENTRAL FILING OF EFFECTIVE FINANCING STATEMENTS (§§ 4-9.5-101 — 4-9.5-113) › Section 4-9.5-110 - Fees - rules - federal certification

(1)
Repealed.
(1.5)
The central filing officer shall charge and collect fees and other charges, which shall be determined and collected pursuant to section
24-21-104 (3)
, C.R.S., for:
(a)
Distributing the master list;
(b)
Furnishing any information;
(c)
Furnishing a copy of any filed record;
(d)
Filing any record required or permitted to be filed under this article.
(2)
The central filing officer is hereby authorized to adopt such rules as are necessary to carry out the provisions of this article and to conform the central filing system to the requirements of the federal "Food Security Act of 1985".
(3)
The central filing officer may contract with one or more public or private parties to perform some or all of its duties under this article; except that the central filing officer may not delegate the power to make rules or regulations, conduct public hearings, prescribe forms, and establish services and fees therefor.
(4)
(Deleted by amendment, L. 2003, p. 1672, § 6, effective July 1, 2003.)
(5)
Revenues collected by the central filing officer pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund created in section
24-21-104 (3)
, C.R.S.
(6)
Repealed.
L. 88: Entire article added, p. 331, §1, effective May 29. L. 95: (1) and (3) amended, p. 1140, § 15, effective 7/1/1996. L. 96: (1) repealed, p. 1386, § 9, effective July 1. L. 99: (4) added, p. 750, § 19, effective July 1. L. 2003: (2), (3), and (4) amended and (5) and (6) added, p. 1672, § 6, effective July 1. L. 2006: Entire section amended, p. 1153, § 10, effective 5/29/2012.
(1) Subsection (6)(b) provided for the repeal of subsection (6), effective July 1, 2004. (See L. 2003, p. 1672.)
(2) Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act amending this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.5 - CENTRAL FILING OF EFFECTIVE FINANCING STATEMENTS (§§ 4-9.5-101 — 4-9.5-113) › Section 4-9.5-111 - Penalties

Any debtor or third party who provides any false or misleading information concerning the name of the owner of any farm products or the existence of any security interest affecting farm products with the intent to deprive the secured party of any of his or her security under the security interest or to defraud or mislead the buyer of any farm product as to the existence of the security interest or fails to pay to the secured party any moneys realized out of the sale of collateral in violation of any security agreement and with the intent to deprive the secured party of such party's rights thereto, or makes a filing subject to section
4-9.5-108(3)
that is not signed, authorized, or otherwise authenticated by the secured party as required by section
4-9.5-108(3)
, shall be deemed to have violated section
18-5-206
, C.R.S., and shall be subject to the penalties described in said section. Any penalty so collected shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund created in section
24-21-104(3)
, C.R.S.
L. 88: Entire article added, p. 332, § 1, effective May 29. L. 97: Entire section amended, p. 552, §12, effective April 24. L. 2003: Entire section amended, p. 1673, § 7, effective July 1. L. 2004: Entire section amended, p. 1173, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.5 - CENTRAL FILING OF EFFECTIVE FINANCING STATEMENTS (§§ 4-9.5-101 — 4-9.5-113) › Section 4-9.5-112 - [Repealed]

L. 88: Entire article added, p. 332, § 1, effective May 29. L. 2003: Entire section repealed, p. 1669, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.5 - CENTRAL FILING OF EFFECTIVE FINANCING STATEMENTS (§§ 4-9.5-101 — 4-9.5-113) › Section 4-9.5-112.5 - Immunity

(1)
Except in cases of willful misconduct or bad faith, the contractors retained by the central filing officer, as well as the employees of such contractors, shall be exempt from personal liability as a result of an error or omission in receiving, entering, storing, or providing information or performing their duties as required by this title.
(2)
Any error or omission described in subsection (1) of this section shall constitute a tort and not a breach of any express or implied contract.
L. 2003: Entire section added, p. 1673, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.5 - CENTRAL FILING OF EFFECTIVE FINANCING STATEMENTS (§§ 4-9.5-101 — 4-9.5-113) › Section 4-9.5-113 - [Repealed]

L. 94: Entire section added, p. 1554, § 7, effective July 1. L. 95: Entire section repealed, p. 1140, § 16, effective July 1.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.7 - COLORADO STATUTORY LIEN REGISTRATION ACT (§§ 4-9.7-101 — 4-9.7-109) › Section 4-9.7-101 - Short title

This article shall be known and may be cited as the "Colorado Statutory Lien Registration Act".
L. 2008: Entire article added, p. 268, § 8, effective 5/29/2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.7 - COLORADO STATUTORY LIEN REGISTRATION ACT (§§ 4-9.7-101 — 4-9.7-109) › Section 4-9.7-102 - Scope

(a)
This article shall apply to the filing of a record relating to a designated statutory lien.
(b)
This article shall not apply to the filing of:
(1)
Notices, certificates, or other records pertaining to any lien created pursuant to the laws of the United States; or
(2)
A financing statement or other record filed pursuant to article 9 or 9.5 of this title or any successor statutes.
(c)
This article shall not be construed to create a filing requirement for any lien where the applicable substantive statute does not require filing.
L. 2008: Entire article added, p. 268, § 8, effective 5/29/2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.7 - COLORADO STATUTORY LIEN REGISTRATION ACT (§§ 4-9.7-101 — 4-9.7-109) › Section 4-9.7-103 - Definitions

(a)
As used in this article, unless the context otherwise requires:
(1)
"Claimant" means a person identified as a beneficiary or owner of a designated statutory lien in a notice of lien or notice of amendment filed in the office of the secretary of state pursuant to this article.
(2)
"Continue" means to renew or otherwise extend the effectiveness of a notice of lien.
(3)
"Designated statutory lien" means:
(A)
A harvester's lien pursuant to article
24.5
of title
38
, C.R.S.;
(B)
An agistor's lien pursuant to part 2 of article
20
of title
38
, C.R.S.;
(C)
A hospital lien pursuant to article
27
of title
38
, C.R.S.;
(D)
A restitution lien pursuant to section
16-18.5-104
, C.R.S.;
(E)
A child support lien pursuant to section
14-10-122
, C.R.S.;
(F)
A security interest held by a housing authority pursuant to section
29-4-712
, C.R.S.; or
(G)
Any other lien provided for by a statute of this state that requires or expressly permits a notice or other record creating, evidencing, or perfecting the lien to be filed in the office of the secretary of state, except as provided in section
4-9.7-102 (b) and (c)
.
(4)
"Notice of amendment" means a record filed in the office of the secretary of state pursuant to this article that changes, corrects, continues, terminates, subordinates, or otherwise modifies a notice of lien.
(5)
"Notice of lien" means a record filed in the office of the secretary of state pursuant to this article that identifies one or more claimants with respect to a designated statutory lien; identifies, to the extent required by the applicable substantive statute, the property asserted to be subject to the lien; identifies the owner or owners of the property; and otherwise complies with the requirements of this article.
(6)
"Owner" means a person identified in a notice of lien or notice of amendment in the office of the secretary of state pursuant to this article as an owner of property subject to a designated statutory lien.
(7)
"Record", except as used in the phrases "for record", "of record", "record or legal title", and "record owner", means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(8)
"Substantive statute" means the statute creating, providing for, or giving rise to a designated statutory lien.
(9)
"Taxpayer identification number" means a social security number, an employer identification number, or an individual taxpayer identification number.
(10)
"Terminate" means to release or otherwise extinguish the effectiveness of a notice of lien.
L. 2008: Entire article added, p. 269, § 8, effective 5/29/2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.7 - COLORADO STATUTORY LIEN REGISTRATION ACT (§§ 4-9.7-101 — 4-9.7-109) › Section 4-9.7-104 - Contents of a notice of lien or notice of amendment

(a)
(1)
A notice of lien shall state:
(A)
The name of one or more owners;
(B)
The name of one or more claimants;
(C)
A citation to the section of the substantive statute pursuant to which the notice of lien is filed;
(D)
To the extent required by the applicable substantive statute, an identification of the property asserted to be subject to a designated statutory lien and any other information that the applicable substantive statute requires to be contained in or included with the notice of lien;
(E)
That any other information or record required to be filed with the office of the secretary of state pursuant to the applicable substantive statute has been included with or attached to the notice of lien; and
(F)
Such additional information as the secretary of state may require.
(2)
A notice of lien may state:
(A)
The mailing address of one or more owners; and
(B)
The mailing address of one or more claimants.
(b)
(1)
A notice of amendment shall state:
(A)
The original filing number of the notice of lien to which the notice of amendment relates;
(B)
That any other information or record required to be filed with the office of the secretary of state pursuant to the applicable substantive statute has been included with or attached to the notice of amendment; and
(C)
Any additional information that the secretary of state requires.
(2)
A notice of amendment may contain any information necessary to indicate the manner and extent to which the notice of amendment affects the notice of lien.
(c)
A notice of lien shall remain effective for the period provided for by the applicable substantive statute or until a notice of amendment that terminates the notice of lien is filed in the office of the secretary of state.
L. 2008: Entire article added, p. 270, § 8, effective 5/29/2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.7 - COLORADO STATUTORY LIEN REGISTRATION ACT (§§ 4-9.7-101 — 4-9.7-109) › Section 4-9.7-105 - Acceptance and refusal to accept for filing

(a)
The secretary of state shall refuse to accept a notice of lien or notice of amendment for filing if:
(1)
The applicable filing fee is not tendered;
(2)
The notice is not communicated by a method of communication authorized by the secretary of state;
(3)
The notice of lien does not state the name of an owner;
(4)
The notice of lien does not state the name of a claimant;
(5)
The notice of amendment does not indicate the original file number of the notice of lien to which the notice of amendment relates; or
(6)
The notice of lien or notice of amendment fails to state any additional information that the secretary of state requires.
(b)
The secretary of state may refuse to accept a notice of lien or notice of amendment for filing if the notice of lien or notice of amendment does not include the address of one or more claimants.
(c)
Filing does not occur with respect to a notice of lien or notice of amendment that the secretary of state refuses to accept for a reason set forth in subsection (a) or (b) of this section.
L. 2008: Entire article added, p. 271, § 8, effective 5/29/2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.7 - COLORADO STATUTORY LIEN REGISTRATION ACT (§§ 4-9.7-101 — 4-9.7-109) › Section 4-9.7-106 - Duties of filing officer

(a)
If a notice of lien is communicated to and accepted by the secretary of state for filing, the secretary of state shall cause the notice to be marked, maintained, and indexed in accordance with the provisions of section
4-9-519
as if the notice were a financing statement and each owner identified in the notice were a debtor within the meaning of section
4-9-519
.
(b)
If a notice of amendment is communicated to and accepted by the secretary of state for filing, the secretary of state shall:
(1)
Cause the notice of amendment to be marked, maintained, and indexed as if the notice were an amendment of a financing statement within the meaning of section
4-9-512
;
(2)
If the notice of amendment terminates a notice of lien, cause the notice of amendment to be marked, maintained, and indexed as if the notice were a termination statement within the meaning of section
4-9-513
; or
(3)
If the notice of amendment continues a notice of lien, cause the notice of amendment to be marked, maintained, and indexed as if the notice were a continuation statement as defined in section
4-9-102 (27)
and extend the effectiveness of the notice of lien by the appropriate period pursuant to the applicable substantive statute.
(c)
If the secretary of state refuses to accept a notice of lien or notice of amendment for filing, the secretary of state shall communicate to the person that presented the record the fact of and reason for the refusal. The communication shall be made at the time and in the manner prescribed by the rules adopted by the secretary of state pursuant to section
4-9.7-109
.
(d)
The secretary of state may remove a notice of lien from the records of the secretary of state one year after the notice expires in accordance with section
4-9.7-104 (c)
.
(e)
The secretary of state shall communicate or otherwise make available in a record the following information to any person that requests the information:
(1)
Whether there is on file on a date and time specified by the secretary of state any notice of lien or notice of amendment that:
(A)
Designates a particular owner; and
(B)
Has not expired under section
4-9.7-104 (c)
; and
(C)
If the request so states, has expired under section
4-9.7-104 (c)
and a record of which is maintained by the secretary of state under subsection (d) of this section;
(2)
The date and time of filing of each notice of lien and notice of amendment described in paragraph (1) of this subsection (e); and
(3)
The information provided in each notice of lien and notice of amendment described in paragraph (1) of this subsection (e).
Amended by 2013 Ch. 316, §6, eff. 8/7/2013.
L. 2008: Entire article added, p. 271, § 8, effective 5/29/2012. L. 2013: (d), (e)(1)(B), and (e)(1)(C) amended, (HB 13-1300), ch. 316, p. 1662, § 6, effective August 7.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.7 - COLORADO STATUTORY LIEN REGISTRATION ACT (§§ 4-9.7-101 — 4-9.7-109) › Section 4-9.7-107 - Fees

Subject to section
24-75-402
, C.R.S., fees for services rendered by the secretary of state under this article shall be determined and collected pursuant to section
24-21-104
, C.R.S.
L. 2008: Entire article added, p. 273, § 8, effective 5/29/2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.7 - COLORADO STATUTORY LIEN REGISTRATION ACT (§§ 4-9.7-101 — 4-9.7-109) › Section 4-9.7-108 - Effect of filing

A notice of lien or notice of amendment that is communicated to the office of the secretary of state with tender of the filing fee, but which the secretary of state wrongfully refuses to accept, is effective as a filed record in the records of the secretary of state except as against a purchaser of the property described in the notice who gives value in reasonable reliance upon the absence of the record in the records of the secretary of state.
L. 2008: Entire article added, p. 273, § 8, effective 5/29/2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9.7 - COLORADO STATUTORY LIEN REGISTRATION ACT (§§ 4-9.7-101 — 4-9.7-109) › Section 4-9.7-109 - Filing office - rules

(a)
The secretary of state shall adopt and publish any rules necessary to implement this article. The rules shall be:
(1)
Consistent with this article; and
(2)
Adopted and published in accordance with the "State Administrative Procedure Act", article
4
of title
24
, C.R.S.
L. 2008: Entire article added, p. 273, § 8, effective 5/29/2012.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 10 - [Repealed] EFFECTIVE DATE (§ 4-10-101) › Section 4-10-101 - to 4-10-208 - [Repealed]

L. 2001: Entire article repealed, p. 1448, § 48, effective July 1.
This article was numbered as article 10 of chapter 155, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 11 - [Repealed] FEES (§ 4-11-101) › Section 4-11-101 - and 4-11-102 - [Repealed]

L. 2001: Entire article repealed, p. 1448, § 48, effective July 1.
This article was numbered as article 11 of chapter 155, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 12 - CONTROLLABLE ELECTRONIC RECORDS (§§ 4-12-101 — 4-12-107) › Section 4-12-101 - Title

This article 12 may be cited as the "Uniform Commercial Code-Controllable Electronic Records".
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 12 - CONTROLLABLE ELECTRONIC RECORDS (§§ 4-12-101 — 4-12-107) › Section 4-12-102 - Definitions

(a)
In this article 12:
(1)
"Controllable electronic record" means a record stored in an electronic medium that can be subjected to control under section
4-12-105
. The term does not include a controllable account, a controllable payment intangible, a deposit account, an electronic copy of a record evidencing chattel paper, an electronic document of title, investment property, a transferable record, or an electronic record that is currently authorized or adopted by a domestic or foreign government and is not a medium of exchange that was recorded and transferable in a system that existed and operated for the medium of exchange before the medium of exchange was authorized or adopted by a government.
(2)
"Qualifying purchaser" means a purchaser of a controllable electronic record or an interest in a controllable electronic record that obtains control of the controllable electronic record for value, in good faith, and without notice of a claim of a property right in the controllable electronic record.
(3)
"Transferable record" has the meaning provided for that term in section 201 (a)(1) of the federal "Electronic Signatures in Global and National Commerce Act",
15 U.S.C. sec. 7021 (a)(1)
, as amended.
(4)
"Value" has the meaning provided in section
4-3-303 (a)
, as if references in that subsection (a) to an "instrument" were references to a controllable account, controllable electronic record, or controllable payment intangible.
(b)
The definitions in article
9
of this title 4 of "account debtor", "controllable account", "controllable payment intangible", "chattel paper", "deposit account", and "investment property" apply to this article 12.
(c)
Article
1
of this title 4 contains general definitions and principles of construction and interpretation applicable throughout this article 12.
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 12 - CONTROLLABLE ELECTRONIC RECORDS (§§ 4-12-101 — 4-12-107) › Section 4-12-103 - Relation to article 9 and consumer laws

(a)
If there is conflict between this article 12 and article
9
of this title 4, article
9
of this title 4 governs.
(b)
A transaction subject to this article 12 is subject to any applicable rule of law that establishes a different rule for consumers and any other state law.
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 12 - CONTROLLABLE ELECTRONIC RECORDS (§§ 4-12-101 — 4-12-107) › Section 4-12-104 - Rights in controllable account, controllable electronic record, and controllable payment intangible

(a)
This section applies to the acquisition and purchase of rights in a controllable account or controllable payment intangible, including the rights and benefits under subsections (c), (d), (e), (g), and (h) of this section of a purchaser and qualifying purchaser, in the same manner this section applies to a controllable electronic record.
(b)
To determine whether a purchaser of a controllable account or a controllable payment intangible is a qualifying purchaser, the purchaser obtains control of the account or payment intangible if it obtains control of the controllable electronic record that evidences the account or payment intangible.
(c)
Except as provided in this section, law other than this article 12 determines whether a person acquires a right in a controllable electronic record and the right the person acquires.
(d)
A purchaser of a controllable electronic record acquires all rights in the controllable electronic record that the transferor had or had power to transfer; except that a purchaser of a limited interest in a controllable electronic record acquires rights only to the extent of the interest purchased.
(e)
A qualifying purchaser acquires its rights in the controllable electronic record free of a claim of a property right in the controllable electronic record.
(f)
Except as provided in subsections (a) and (e) of this section for a controllable account and a controllable payment intangible or law other than this article 12, a qualifying purchaser takes a right to payment, right to performance, or other interest in property evidenced by the controllable electronic record subject to a claim of a property right in the right to payment, right to performance, or other interest in property.
(g)
An action may not be asserted against a qualifying purchaser based on both a purchase by the qualifying purchaser of a controllable electronic record and a claim of a property right in another controllable electronic record, whether the action is framed in conversion, replevin, constructive trust, equitable lien, or other theory.
(h)
Filing of a financing statement under article
9
of this title 4 is not notice of a claim of a property right in a controllable electronic record.
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 13 - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (2022) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 4-13-101 — 4-13-102) › Section 4-13-101 - Short title

This article 13 may be cited as "Transitional Provisions for Uniform Commercial Code Amendments (2022)".
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 13 - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (2022) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 4-13-101 — 4-13-102) › Section 4-13-102 - Definitions

(a)
In this article 13:
(1)
"Adjustment date" means July 1, 2025, or the date that is one year after the effective date of this article 13, whichever is later.
(2)
"Article 12" means article
12
of this title 4.
(3)
"Article 12 property" means a controllable account, controllable electronic record, or controllable payment intangible.
(b)
The following definitions in other articles of this title 4 apply to this article 13.
"Controllable account"
Section
4-9-102
.
"Controllable electronic record"
Section
4-12-102
.
"Controllable payment intangible"
Section
4-9-102
.
"Financing statement"
Section
4-9-102
.
(c)
Article
1
of this title 4 contains general definitions and principles of construction and interpretation applicable throughout this article 13.
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 13 - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (2022) › Part 2 - GENERAL TRANSITIONAL PROVISION (§ 4-13-201) › Section 4-13-201 - Saving clause

Except as provided in part 3 of this article 13, a transaction validly entered into before the effective date of this article 13 and the rights, duties, and interests flowing from the transaction remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by law other than this title 4 or, if applicable, this title 4, as though this article 13 had not taken effect.
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 13 - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (2022) › Part 3 - TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 OF THIS TITLE 4 (§§ 4-13-301 — 4-13-306) › Section 4-13-301 - Saving clause

(a)
Except as provided in this part 3, article 9, as amended by Senate Bill 23-090, enacted in 2023, and article
12
of this title 4, as enacted by Senate Bill 23-090, enacted in 2023, apply to a transaction, lien, or other interest in property, even if the transaction, lien, or interest was entered into, created, or acquired before the effective date of this article 13.
(b)
Except as provided in subsection (c) of this section and sections
4-13-302
to
4-13-306
:
(1)
A transaction, lien, or interest in property that was validly entered into, created, or transferred before the effective date of this article 13 and that was not governed by this title 4, but would be subject to article
9
of this title 4, as amended by Senate Bill 23-090, enacted in 2023, or article
12
of this title 4, as enacted by Senate Bill 23-090, enacted in 2023, if it had been entered into, created, or transferred on or after the effective date of this article 13, including the rights, duties, and interests flowing from the transaction, lien, or interest, remains valid on and after the effective date of this article 13; and
(2)
The transaction, lien, or interest may be terminated, completed, consummated, and enforced as required or permitted by this title 4, as amended by Senate Bill 23-090, enacted in 2023, or by the law that would apply if this title 4, as amended by Senate Bill 23-090, enacted in 2023, had not taken effect.
(c)
This article 13 does not affect an action, case, or proceeding commenced before the effective date of this article 13.
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 13 - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (2022) › Part 3 - TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 OF THIS TITLE 4 (§§ 4-13-301 — 4-13-306) › Section 4-13-302 - Security interest perfected before effective date

(a)
A security interest that is enforceable and perfected immediately before the effective date of this article 13 is a perfected security interest under this title 4 if, on the effective date of this article 13, the requirements for enforceability and perfection under this title 4 are satisfied without further action.
(b)
If a security interest is enforceable and perfected immediately before the effective date of this article 13, but the requirements for enforceability or perfection under this title 4 are not satisfied on the effective date of this article 13, the security interest:
(1)
Is a perfected security interest until the earlier of the time perfection would have ceased under the law in effect immediately before the effective date of this article 13 or the adjustment date;
(2)
Remains enforceable thereafter only if the security interest satisfies the requirements for enforceability under section
4-9-203
, as amended by Senate Bill 23-090, enacted in 2023, before the adjustment date; and
(3)
Remains perfected thereafter only if the requirements for perfection under this title 4 are satisfied before the time specified in subsection (b)(1) of this section.
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 13 - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (2022) › Part 3 - TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 OF THIS TITLE 4 (§§ 4-13-301 — 4-13-306) › Section 4-13-303 - Security interest unperfected before effective date

A security interest that is enforceable immediately before the effective date of this article 13 but is unperfected at that time:
(1)
Remains an enforceable security interest until the adjustment date;
(2)
Remains enforceable thereafter if the security interest becomes enforceable under section
4-9-203
, as amended by Senate Bill 23-090, enacted in 2023, on the effective date of this article 13 or before the adjustment date; and
(3)
Becomes perfected:
(A)
Without further action, on the effective date of this article 13, if the requirements for perfection under this title 4 are satisfied before or at that time; or
(B)
When the requirements for perfection are satisfied if the requirements are satisfied after that time.
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 13 - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (2022) › Part 3 - TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 OF THIS TITLE 4 (§§ 4-13-301 — 4-13-306) › Section 4-13-304 - Effectiveness of actions taken before effective date

(a)
If action, other than the filing of a financing statement, is taken before the effective date of this article 13 and the action would have resulted in perfection of the security interest had the security interest become enforceable before the effective date of this article 13, the action is effective to perfect a security interest that attaches under this title 4 before the adjustment date. An attached security interest becomes unperfected on the adjustment date unless the security interest becomes a perfected security interest under this title 4 before the adjustment date.
(b)
The filing of a financing statement before the effective date of this article 13 is effective to perfect a security interest on the effective date of this article 13 to the extent the filing would satisfy the requirements for perfection under this title 4.
(c)
The taking of an action before the effective date of this article 13 is sufficient for the enforceability of a security interest on the effective date of this article 13 if the action would satisfy the requirements for enforceability under this title 4.
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 13 - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (2022) › Part 3 - TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 OF THIS TITLE 4 (§§ 4-13-301 — 4-13-306) › Section 4-13-305 - Priority

(a)
Subject to subsections (b) and (c) of this section, this title 4 determines the priority of conflicting claims to collateral.
(b)
Subject to subsection (c) of this section, if the priorities of claims to collateral were established before the effective date of this article 13, article
9
of this title 4 as in effect before the effective date of this article 13 determines priority.
(c)
On the adjustment date, to the extent the priorities determined by article
9
of this title 4, as amended by Senate Bill 23-090, enacted in 2023, modify the priorities established before the effective date of this article 13, the priorities of claims to article 12 property established before the effective date of this article 13 cease to apply.
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 13 - TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS (2022) › Part 3 - TRANSITIONAL PROVISIONS FOR ARTICLES 9 AND 12 OF THIS TITLE 4 (§§ 4-13-301 — 4-13-306) › Section 4-13-306 - Priority of claims when priority rules of article 9 do not apply

(a)
Subject to subsections (b) and (c) of this section, article
12
of this title 4, as enacted by Senate Bill 23-090, enacted in 2023, determines the priority of conflicting claims to article 12 property when the priority rules of article
9
of this title 4, as amended by Senate Bill 23-090, enacted in 2023, do not apply.
(b)
Subject to subsection (c) of this section, when the priority rules of article
9
of this title 4, as amended by Senate Bill 23-090, enacted in 2023, do not apply and the priorities of claims to article 12 property were established before the effective date of this act, law other than this article 12 determines priority.
(c)
When the priority rules of article
9
of this title 4, as amended by Senate Bill 23-090, enacted in 2023, do not apply, to the extent the priorities determined by this title 4 modify the priorities established before the effective date of this article 13, the priorities of claims to article 12 property established before the effective date of this article 13 cease to apply on the adjustment date.
Added by 2023 Ch. 136,§ 89, eff. 8/7/2023.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › CONSUMER CREDIT CODE (§§ 5-1-101 — 5-9.3-109) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 5-1-101 — 5-1-303) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 5-1-101 — 5-1-107) › Section 5-1-101 - Short title

Articles
1
to
9
of this title shall be known and may be cited as the "Uniform Consumer Credit Code", referred to in said articles as the "code".
L. 2000: Entire article R&RE, p. 1178, § 1, effective July 1.
This section is similar to former § 5-1-101, as it existed prior to 2000.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › CONSUMER CREDIT CODE (§§ 5-1-101 — 5-9.3-109) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 5-1-101 — 5-1-303) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 5-1-101 — 5-1-107) › Section 5-1-102 - Purposes - rules of construction

(1)
This code shall be liberally construed and applied to promote its underlying purposes and policies.
(2)
The underlying purposes and policies of this code are:
(a)
To simplify, clarify, and modernize the law governing retail installment sales, consumer credit, small loans, and usury;
(b)
To provide rate ceilings to assure an adequate supply of credit to consumers;
(c)
To further consumer understanding of the terms of credit transactions and to foster competition among suppliers of consumer credit so that consumers may obtain credit at reasonable cost;
(d)
To protect consumer buyers, lessees, and borrowers against unfair practices by some suppliers of consumer credit, having due regard for the interests of legitimate and scrupulous creditors;
(e)
To permit and encourage the development of fair and economically sound consumer credit practices;
(f)
To conform the regulation of consumer credit transactions to the policies of the federal "Truth in Lending Act" and the federal "Consumer Leasing Act"; and
(g)
To make uniform the law, including administrative rules, among the various jurisdictions.
(3)
A reference to a requirement imposed by this code includes reference to a related rule of the administrator adopted pursuant to this code.
L. 2000: Entire article R&RE, p. 1178, § 1, effective July 1.
This section is similar to former § 5-1-102, as it existed prior to 2000.
For the definitions and federal statutory cites of the "Truth in Lending Act" and the "Consumer Leasing Act", see § 5-1-302.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › CONSUMER CREDIT CODE (§§ 5-1-101 — 5-9.3-109) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 5-1-101 — 5-1-303) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 5-1-101 — 5-1-107) › Section 5-1-103 - Supplementary general principles of law applicable

Unless displaced by the particular provisions of this code, the "Uniform Commercial Code" and the principles of law and equity, including the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, supplement the provisions of this code.
L. 2000: Entire article R&RE, p. 1179, § 1, effective July 1.
This section is similar to former § 5-1-103, as it existed prior to 2000.
For the "Uniform Commercial Code", see title 4.
2023 Colorado Revised Statutes › Title 5 - CONSUMER CREDIT CODE (§§ 5-1-101 — 5-21-116) › CONSUMER CREDIT CODE (§§ 5-1-101 — 5-9.3-109) › Article 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 5-1-101 — 5-1-303) › Part 1 - SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS (§§ 5-1-101 — 5-1-107) › Section 5-1-104 - Construction against implicit repeal

This code being a general act intended as a unified coverage of its subject matter, no part of it is deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
L. 2000: Entire article R&RE, p. 1179, § 1 effective July 1.
This section is similar to former § 5-1-104, as it existed prior to 2000.