reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-104 - Assignment for all creditors

No such deed of general assignment of property by an insolvent, or in contemplation of insolvency, for the benefit of creditors, shall be valid, unless by its terms it is made for the benefit of all his creditors in proportion to the amount of their respective claims.
L. 1897: p. 95, § 4. R.S. 08: § 177. C.L. § 6244. CSA: C. 12, § 4. CRS 53: § 11-1-4. C.R.S. 1963: § 11-1-4.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-105 - Assent of creditors presumed

When an assignment of property for the benefit of all the creditors of the assignor is made, the assent of the creditors shall be presumed.
L. 1897: p. 95, § 5. R.S. 08: § 178. C.L. § 6245. CSA: C. 12, § 5. CRS 53: § 11-1-5. C.R.S. 1963: § 11-1-5.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-106 - Inventory filed where - bond

The assignee shall file with the clerk of the district court of the county in which such deed of assignment is recorded a true and complete inventory and valuation of the property of the said assignor, under oath, so far as the same has come to his knowledge, within a period not to exceed six days from the date of the filing of the deed of assignment; and shall make and file a bond to the state of Colorado, for the use of the creditors in double the amount of the inventory and valuation, with sureties to be approved by such clerk for the faithful performance of said trust and for a full and complete accounting for and of all property that may come into his hands as such assignee. Such assignee has no authority to sell or dispose of, or convert to the purposes of the trust any part of such estate, until he has complied with the provisions of this section.
L. 1897: p. 95, § 6. R.S. 08: § 179. C.L. § 6246. CSA: C. 12, § 6. CRS 53: § 11-1-6. C.R.S. 1963: § 11-1-6. L. 64: p. 206, § 8.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-107 - Assignee an officer of court

An assignee named and qualified under this article shall be deemed to be an officer of court. Any interference with the assignee in the discharge of his duties is contempt of court, and no suit against the assignee in relation to or concerning the property assigned shall be instituted against the assignee without first obtaining permission of the court within and for the county in which the assignment is made.
L. 1897: p. 95, § 7. R.S. 08: § 180. C.L. § 6247. CSA: C. 12, § 7. CRS 53: § 11-1-7. C.R.S. 1963: § 11-1-7.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-108 - Notice of assignment of realty

Where real property or any interest therein is by deed conveyed to the assignee, the assignee shall forthwith file with the clerk and recorder of each county where the real estate is situated a notice of the assignment, containing the names of the assignor and assignee, the date of the deed of assignment, when and where recorded, and a description of the property in that county affected thereby, and the same shall be constructive notice to a purchaser or encumbrancer of the transfer of the property in said county, described in such notice.
L. 1897: p. 96, § 8. R.S. 08: § 181. C.L. § 6248. CSA: C. 12, § 8. CRS 53: § 11-1-8. C.R.S. 1963: § 11-1-8.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-109 - Priority of claims - notice

The assignee shall forthwith give notice of such assignment by publication for four weeks in some newspaper in the county, if any, and if none, then in the nearest county thereto. The assignee shall also forthwith send a notice by mail to each creditor of whom he shall be informed, directed to his usual place of residence, stating the estimate of the aggregate value of all the property of the assignor, the estimate of the amount of his liabilities, and notifying each creditor to present his claim, under oath, to the assignee within three months from the mailing of such notice. It is the duty of each creditor to present his claim in the manner and within the time mentioned in the notice. Claims filed within the first three months shall have priority over those filed thereafter, unless a creditor can show, to the satisfaction of the court, that he never received the notice. Proof of notice by mail shall be made by affidavit by the assignee giving a list of creditors and the name of the post office where notice was sent within ten days after the mailing of the same. Proof of the notice by publication shall be made by affidavit of the printer or publisher within ten days after the last publication or no fees shall be allowed the assignee for such notice by mail or publication.
L. 1897: p. 96, § 9. R.S. 08: § 182. C.L. § 6249. CSA: C. 12, § 9. CRS 53: § 11-1-9. C.R.S. 1963: § 11-1-9.
For clarification of publication terms, see § 24-70-106.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-110 - Report of assignee

At the expiration of three months from the time of the first publication and the mailing of notice, the assignee shall report and file with the clerk of the court a true and complete list, under oath, of all the creditors of the assignor who have filed their claims, the place of their residence, the amount claimed, and the amount and value, if any, of any security held by any such creditor. He shall also file a statement of all his proceedings with reference to the trust, showing what money has come into his hands and all the disbursements thereof.
L. 1897: p. 97, § 10. R.S. 08: § 183. C.L. § 6250. CSA: C. 12, § 10. CRS 53: § 11-1-10. C.R.S. 1963: § 11-1-10.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-111 - Exceptions to claims - hearing

Any person interested may appear before a dividend is made and file with the clerk any exceptions to the claim or demand of any creditor. The clerk shall immediately cause notice thereof to be given to the creditor which shall be served and returned as in the case of a summons. Within the time allowed to answer in an action at law, the creditor shall file his reply. The court shall designate the time for the hearing, and shall at such time hear the allegations and proof offered and shall render a just judgment thereon.
L. 1897: p. 97, § 11. R.S. 08: § 184. C.L. § 6251. CSA: C. 12, § 11. CRS 53: § 11-1-11. C.R.S. 1963: § 11-1-11.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-112 - Judgment - fee of assignee

If no exception is made to a claim filed or if the claim has been favorably adjudicated, the court shall enter judgment in favor of the creditor and against the assignor for the amount claimed and found due, and order the assignee to make from time to time fair and equal dividends among the creditors, of the assets in his hands, in proportion to their respective claims, and as soon as may be, to render a full account of said trust to the court. The court may allow such compensation or commissions, following as nearly as possible the compensation allowed executors for like services, as may be just and right.
L. 1897: p. 97, § 12. R.S. 08: § 185. C.L. § 6252. CSA: C. 12, § 12. CRS 53: § 11-1-12. C.R.S. 1963: § 11-1-12.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-113 - Application of unclaimed dividends

The dividends of any unsettled assignment which remain unclaimed for such time as specified in this article after the final dividend has been decided, upon the application of one or more creditors of such assignor, shall be paid by the assignee under direction of the court to the known creditors of the assignor after giving notice to the creditors that a final distribution of all unclaimed dividends is to be made.
L. 05: p. 155, § 1. R.S. 08: § 186. C.L. § 6253. CSA: C. 12, § 13. CRS 53: § 11-1-13. C.R.S. 1963: § 11-1-13.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-114 - Notice of distribution

Such notice shall be by advertisement in two or more local newspapers of general circulation and by written or printed notices mailed to the latest address of each creditor. The notice shall state that upon a certain day, not less than three months from the date of the notice, a final distribution of all the unclaimed dividends will be made to all creditors as can be found who have filed their respective claims with the assignee within the time specified by the notice for the filing of such claims. When the time for filing these claims has expired, the court, after deducting expenses of distribution, shall order the amount of the unclaimed dividends to be distributed pro rata among those creditors who have filed their claims for a share in the distribution of any unclaimed dividends in accordance with the provisions of this article.
L. 05: p. 155, § 1. R.S. 08: § 187. C.L. § 6254. CSA: C. 12, § 12B. CRS 53: § 11-1-14. C.R.S. 1963: § 11-1-14.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-115 - Distribution of unclaimed dividends

Dividends remaining unclaimed for one year or longer after the final dividend has been declared by any assignee shall be distributed, under direction of the court, to the creditors whose claims have not been paid in full as provided in this article. If more than enough funds are on hand to pay these creditors in full, the balance shall be paid to the assignor.
L. 05: p. 156, § 1. R.S. 08: § 188. C.L. § 6255. CSA: C. 12, § 12C. CRS 53: § 11-1-15. C.R.S. 1963: § 11-1-15.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-116 - Assignee under supervision of court

The assignee shall be subject to the order and supervision of the court at all times, and, by citation or attachment, may be compelled, from time to time, to file reports of his proceedings and the situation and condition of the trust and to proceed in the faithful execution of the duties required by this article, to keep correct books of account open to the inspection of the court or any person or his attorney interested in said estate. All conveyances of real estate and all sales of personal property by the assignee, not in the usual course of business, as conducted by the assignor, shall be approved by the court before such sale shall be valid.
L. 1897: p. 98, § 13. R.S. 08: § 189. C.L. § 6256. CSA: C. 12, § 16. CRS 53: § 11-1-16. C.R.S. 1963: § 11-1-16.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-117 - Assignee appointed by court - when

If the assignee named in the deed fails or neglects to file an inventory and valuation and give bond for the period of ten days after the making of any assignment, or if he dies before the closing of his trust, or is removed from the execution of the trust, the court upon the application of any person interested may appoint an assignee to execute such trust. Such appointee, when he has qualified as provided in this article, shall have all the rights, powers, and authority and be subject to the same restrictions and obligations as an original assignee.
L. 1897: p. 98, § 14. R.S. 08: § 190. C.L. § 6257. CSA: C. 12, § 17. CRS 53: § 11-1-17. C.R.S. 1963: § 11-1-17.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-118 - Removal of assignee by court

The court may remove the assignee for neglect in the execution of the trust, for fraud, for misapplying the trust, or wasting the estate, for failure to comply with the provisions of this article, or to obey the orders of, or to submit to the supervision of the court, or for any other good cause shown. The assignee may also be removed upon the petition of the majority in number and value of the creditors, unless the court is satisfied that such removal would not be for the best interest of the trust estate.
L. 1897: p. 98, § 15. R.S. 08: § 191. C.L. § 6258. CSA: C. 12, § 18. CRS 53: § 11-1-18. C.R.S. 1963: § 11-1-18.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-119 - Powers of assignee

The assignee has all the rights, power, and authority of the assignor necessary to fully execute such trust, to demand and sue for any property belonging to such estate, and to execute valid receipts; and, by deed duly acknowledged by him, in his own name as assignee, may convey any of the estate, real and personal, subject to approval as stated in section
6-10-116
. Where the assignee has been appointed by the court in place of an assignee removed, it shall be his duty to compel by suit, or the peremptory order of the court, the delivery of the trust estate and the property, or the value thereof, that has been wasted or misapplied by the previous assignee.
L. 1897: p. 98, § 16. R.S. 08: § 192. C.L. § 6259. CSA: C. 12, § 19. CRS 53: § 11-1-19. C.R.S. 1963: § 11-1-19.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-120 - Insufficient sureties

If it is shown to the court at any time that the sureties on the assignee's bond are not sufficient, the court may order sufficient sureties to be given, and may compel obedience thereto by removal or otherwise.
L. 1897: p. 99, § 17. R.S. 08: § 193. C.L. § 6260. CSA: C. 12, § 20. CRS 53: § 11-1-20. C.R.S. 1963: § 11-1-20.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-121 - Additional security - when

The assignee, from time to time, shall file with the clerk of the court an inventory and valuation of any additional property which may come into his hands after the first inventory; and the judge, or, in his absence, the clerk, may thereupon require the assignee to give additional security.
L. 1897: p. 99, § 18. R.S. 08: § 194. C.L. § 6261. CSA: C. 12, § 21. CRS 53: § 11-1-21. C.R.S. 1963: § 11-1-21.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-122 - Appearance compelled - when

The court, upon the application of the assignee, or of any creditor, may compel the appearance in person of the debtor, or any other witness, before the court, or a commissioner appointed by the court, at any time designated, to answer under oath such matters as may be inquired of him. Such debtor or other witness may then be fully examined under oath as to the amount and situation of his property, the payments and conveyances made by him, and the names and places of residence of creditors and the amounts due to each. The court, upon like application, may compel the debtor to deliver to the assignee any property or estate embraced in the assignment.
L. 1897: p. 99, § 19. R.S. 08: § 195. C.L. § 6262. CSA: C. 12, § 22. CRS 53: § 11-1-22. C.R.S. 1963: § 11-1-22.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-123 - Misappropriation by debtor

No assignment shall be invalid because of misappropriation of the property of the debtor by him prior to the assignment, but the assignee may recover such property, if so misappropriated in fraud of this article. Nothing in this article shall invalidate any conveyance or mortgage of property, real or personal, by the debtor before the assignment, made in good faith, for a valid and valuable consideration.
L. 1897: p. 100, § 20. R.S. 08: § 196. C.L. § 6263. CSA: C. 12, § 23. CRS 53: § 11-1-23. C.R.S. 1963: § 11-1-23.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-124 - Debts not due - interest

Debts not due may be claimed, but if the same are not bearing interest, a suitable rebate shall be made. Interest shall be computed to the date of the assignment and not afterwards.
L. 1897: p. 100, § 21. R.S. 08: § 197. C.L. § 6264. CSA: C. 12, § 24. CRS 53: § 11-1-24. C.R.S. 1963: § 11-1-24.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-125 - Creditors may appoint an attorney

The majority in number and value of the creditors may appoint, in writing, an attorney-at-law to represent the estate before the court. The attorney, if appointed, shall examine all reports and inventories and books of the assignee and inquire fully as to the conduct of the assignee in the discharge of his trust. He may appear for the assignee in all suits in behalf of the assignee in securing, preserving, or defending the estate, but shall appear in behalf of the creditors in all suits, examinations, or inquiries as to the accounts or the conduct of the assignee concerning the estate. The court may allow such compensation to the attorney as may be just and reasonable.
L. 1897: p. 100, § 22. R.S. 08: § 198. C.L. § 6265. CSA: C. 12, § 25. CRS 53: § 11-1-25. C.R.S. 1963: § 11-1-25.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-126 - Waiver of proceedings by parties

At any time after an assignment has been made, the assignor, the creditors, and the assignee of such assignor may agree in writing that all proceedings to be had before the court under the provisions of this article, may be waived. Upon the filing of such agreement with the clerk of the proper court, the court shall cease to have any further jurisdiction over such assignment and the proceedings thereunder, and the assignee shall no longer be held accountable to the court. The creditors and the assignee, with the consent of the assignor, in writing, may make such disposition of the assigned estate and arrangements in reference thereto as to them shall seem proper in the premises.
L. 1897: p. 100, § 23. R.S. 08: § 199. C.L. § 6266. CSA: C. 12, § 12. CRS 53: § 11-1-26. C.R.S. 1963: § 11-1-26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-127 - [Repealed]

L. 1897: p. 101, § 24. R.S. 08: § 200. C.L. § 6267. CSA: C. 12, § 27. CRS 53: § 11-1-27. C.R.S. 1963: § 11-1-27. L. 78: Entire section repealed, p. 253, § 5, effective May 23.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-128 - Trust closed in one year

The assignee shall close his trust within one year from the filing of the deed of assignment unless the court for good cause shown, extends the time.
L. 1897: p. 101, § 25. R.S. 08: § 201. C.L. § 6268. CSA: C. 12, § 28. CRS 53: § 11-1-28. C.R.S. 1963: § 11-1-28.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-129 - Property exempt from assignment

No deed of assignment shall be invalid which excepts from the operation thereof the property which by law is not subject to levy and sale under execution.
L. 1897: p. 101, § 26. R.S. 08: § 202. C.L. § 6269. CSA: C. 12, § 29. CRS 53: § 11-1-29. C.R.S. 1963: § 11-1-29.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-130 - Preferred claims

The valid claims of servants, laborers, and employees of the assignor, for wages earned during the six months immediately preceding the date of the assignment, not to exceed fifty dollars, to any one person then unpaid, which claims are still held by the person who earned them, and all taxes assessed under the laws of this state, or of the United States, are preferred claims and shall be paid in full prior to the payment of the dividends in favor of other creditors.
L. 1897: p. 101, § 27. R.S. 08: § 203. C.L. § 6270. CSA: C. 12, § 30. CRS 53: § 11-1-30. C.R.S. 1963: § 11-1-30.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-131 - Action on bond of assignee

Any creditor may maintain an action on the bond of the assignee, for any damages such creditor may have sustained, by reason of assignee's acts or his failure to act.
L. 1897: p. 101, § 28. R.S. 08: § 204. C.L. § 6271. CSA: C. 12, § 31. CRS 53: § 11-1-31. C.R.S. 1963: § 11-1-31.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-132 - Foreclosure of mortgage on property

No mortgage, deed of trust, or other security, real or personal, securing the payment of claims against the assigned estate shall be foreclosed within one year from the making of the assignment except upon order of court. No such mortgage, deed of trust, or other security shall be foreclosed except by suit, unless the claim secured is first proved and allowed by such court. When such claim is so proved and allowed, the court may order a foreclosure of the mortgage, deed of trust, or other security within one year from the making of the assignment. The lien of the mortgage, trust deed, or other security affected by this article shall not be impaired by the suspension of the remedy provided in this section.
L. 1897: p. 101, § 29. R.S. 08: § 205. C.L. § 6272. CSA: C. 12, § 32. CRS 53: § 11-1-32. C.R.S. 1963: § 11-1-32.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-133 - [Repealed]

L. 1897: p. 102, § 30. R.S. 08: § 206. C.L. § 6273. CSA: C. 12, § 33. CRS 53: § 11-1-33. C.R.S. 1963: § 11-1-33. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-134 - [Repealed]

L. 1897: p. 102, § 31. R.S. 08: § 207. C.L. § 6274. CSA: C. 12, § 34. CRS 53: § 11-1-34. C.R.S. 1963: § 11-1-34. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-135 - [Repealed]

L. 1897: p. 103, § 32. R.S. 08: § 208. C.L. § 6275. CSA: C. 12, § 35. CRS 53: § 11-1-35. C.R.S. 1963: § 11-1-35. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-136 - [Repealed]

L. 1897: p. 104, § 33. R.S. 08: § 209. C.L. § 6276. CSA: C. 12, § 36. CRS 53: § 11-1-36. C.R.S. 1963: § 11-1-36. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-137 - [Repealed]

L. 1897: p. 105, § 34. R.S. 08: § 210. C.L. § 6277. CSA: C. 12, § 37. CRS 53: § 11-1-37. C.R.S. 1963: § 11-1-37. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-138 - [Repealed]

L. 1897: p. 105, § 35. R.S. 08: § 211. C.L. § 6278. CSA: C. 12, § 38. CRS 53: § 11-1-38. C.R.S. 1963: § 11-1-38. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-139 - [Repealed]

L. 1897: p. 106, § 36. R.S. 08: § 212. C.L. § 6279. CSA: C. 12, § 39. CRS 53: § 11-1-39. C.R.S. 1963: § 11-1-39. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-140 - [Repealed]

L. 1897: p. 106, § 37. R.S. 08: § 213. C.L. § 6280. CSA: C. 12, § 40. CRS 53: § 11-1-40. C.R.S. 1963: § 11-1-40. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-141 - [Repealed]

L. 1897: p. 106, § 38. R.S. 08: § 214. C.L. § 6281. CSA: C. 12, § 41. CRS 53: § 11-1-41. C.R.S. 1963: § 11-1-41. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-142 - [Repealed]

L. 1897: p. 106, § 39. R.S. 08: § 215. C.L. § 6282. CSA: C. 12, § 42. CRS 53: § 11-1-42. C.R.S. 1963: § 11-1-42. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-143 - [Repealed]

L. 1897: p. 106, § 40. R.S. 08: § 216. C.L. § 6283. CSA: C. 12, § 43. CRS 53: § 11-1-43. C.R.S. 1963: § 11-1-43. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-144 - [Repealed]

L. 1897: p. 107, § 41. R.S. 08: § 217. C.L. § 6284. CSA: C. 12, § 44. CRS 53: § 11-1-44. C.R.S. 1963: § 11-1-44. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-145 - [Repealed]

L. 1897: p. 107, § 41. R.S. 08: § 217. C.L. § 6284. CSA: C. 12, § 44. CRS 53: § 11-1-45. C.R.S. 1963: § 11-1-45. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-146 - [Repealed]

L. 1897: p. 108, § 42. R.S. 08: § 218. C.L. § 6285. CSA: C. 12, § 45. CRS 53: § 11-1-46. C.R.S. 1963: § 11-1-46. L. 67: p. 992, §§ 2, 4. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-147 - [Repealed]

L. 1897: p. 109, § 43. R.S. 08: § 219. C.L. § 6286. CSA: C. 12, § 46. CRS 53: § 11-1-47. C.R.S. 1963: § 11-1-47. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-148 - [Repealed]

L. 1897: p. 109, § 44. R.S. 08: § 220. C.L. § 6287. CSA: C. 12, § 47. CRS 53: § 11-1-48. C.R.S. 1963: § 11-1-48. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-149 - [Repealed]

L. 1897: p. 110, § 45. R.S. 08: § 221. C.L. § 6288. CSA: C. 12, § 48. CRS 53: § 11-1-49. C.R.S. 1963: § 11-1-49. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-150 - [Repealed]

L. 1897: p. 110, § 46. R.S. 08: § 222. C.L. § 6289. CSA: C. 12, § 49. CRS 53: § 11-1-50. C.R.S. 1963: § 11-1-50. L. 77: Entire section repealed, p. 292, § 1, effective May 26.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-151 - Jurisdiction of district court

The district court in the proper county has jurisdiction in the matter of assignments and petitions for discharge under this article.
L. 1897: p. 110, § 47. R.S. 08: § 223. C.L. § 6290. CSA: C. 12, § 50. CRS 53: § 11-1-51. C.R.S. 1963: § 11-1-51. L. 64: p. 206, § 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-152 - Colorado rules of civil procedure apply

The provisions of the Colorado rules of civil procedure shall be applicable, except as otherwise provided in this article, and shall control in all proceedings under this article.
L. 1897: p. 110, § 49. R.S. 08: § 225. C.L. § 6292. CSA: C. 12, § 52. CRS 53: § 11-1-53. C.R.S. 1963: § 11-1-53.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-153 - Property under jurisdiction of court

In all assignments for the benefit of creditors made in this state, the district court in and for the county in which such deed of assignment is recorded as now provided by law has full power and complete jurisdiction over all the property, real, personal, and mixed, conveyed by such assignment from the date of the making of the same. The court may make any order in reference to any part or all of the property embraced in the estate and the disposition thereof by the assignee which to the court seems just and equitable, and all such orders shall be legal and binding upon the assignor, the assignee, and creditors of the estate whether or not any notice is given of the application therefor or the order so made; except that the court may in its discretion require notice of such an application so made to be given in reference to any matter that may come before it for hearing, and in such case it shall direct, by an order, the form and manner of giving such notice so required by it.
L. 1897: p. 111, § 1. R.S. 08: § 226. C.L. § 6293. CSA: C. 12, § 53. CRS 53: § 11-1-54. C.R.S. 1963: § 11-1-54. L. 64: p. 207, § 10.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Article 10 - ASSIGNMENTS IN GENERAL (§§ 6-10-101 — 6-10-154) › Section 6-10-154 - Disposition of property when no market

When any difficulty is encountered by the assignee in converting the assigned property of any assignment, or any part thereof, into cash on account of there being no sufficient market therefor, or for any other good reason, the court may direct by such order as described in section
6-10-153
the distribution of such property in kind among the creditors electing to take property. Creditors not electing to take property shall be paid an equal pro rata in cash, fixing by appraisement or sworn evidence in courts such price or value upon each piece, parcel, or item of property as shall make it bear and pay its proportion of the entire indebtedness of the estate, and as shall be just and equitable between the assignor and the creditors and all persons interested in the assigned estate. When the court authorizes the assignee to exchange such property in payment of the proved indebtedness of the estate at the prices so fixed, and when, in the opinion of the court, the best interests of the estate are promoted thereby, it may order the assignee to first offer such property at public auction; and, in that case, it shall provide by its order the kind and form of notice to be given of such sale. The assignee at such sale shall offer and sell the property to the highest and best bidder therefor in proved accounts against the estate, and he shall not accept any bid lower than the price fixed by the court on the property so offered.
L. 1897: p. 112, § 2. R.S. 08: § 227. C.L. § 6294. CSA: C. 12, § 54. CRS 53: § 11-1-55. C.R.S. 1963: § 11-1-55.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › PATENTS - PROHIBITED COMMUNICATION (§§ 6-12-101 — 6-12-104) › Article 12 - PROHIBITED COMMUNICATION CONCERNING PATENTS (§§ 6-12-101 — 6-12-104) › Section 6-12-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Affiliated person" means a person under common ownership or control of an intended recipient.
(2)
"Intended recipient" means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the ordinary business and that is, or later becomes, the subject of a patent infringement allegation.
Added by 2015 Ch. 309,§ 2, eff. 8/5/2015.
L. 2015: Entire article added, (HB 15-1063), ch. 309, p. 1264, § 2, effective August 5.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › PATENTS - PROHIBITED COMMUNICATION (§§ 6-12-101 — 6-12-104) › Article 12 - PROHIBITED COMMUNICATION CONCERNING PATENTS (§§ 6-12-101 — 6-12-104) › Section 6-12-102 - Bad faith patent infringement communications - prohibition

(1)
A person shall not, in connection with the assertion of a United States patent, send or cause any person to send any written or electronic communication that states that the intended recipient or any affiliated person is infringing or has infringed a patent and bears liability or owes compensation to another person, if such communication is in bad faith. A court may consider one or more of the following conditions as evidence that a person or the person's affiliate has, in bad faith, alleged, asserted, or claimed an infringement of a patent:
(a)
The communication falsely states that litigation has been filed against the intended recipient or any affiliated person;
(b)
The assertions contained in the communication lack a reasonable basis in fact or law. A court may consider one or more of the following factors as evidence that a communication lacks a reasonable basis in fact or law:
(I)
The person asserting the patent is not the person, or does not represent the person, with the current right to license the patent to, or to enforce the patent against, the intended recipient or any affiliated person;
(II)
The communication seeks compensation for a patent that has been held to be invalid or unenforceable in a final, unappealable or unappealed judicial or administrative decision;
(III)
The communication seeks compensation on account of activities undertaken after the patent has expired; or
(IV)
The content of the communication fails to include such information necessary to inform an intended recipient or any affiliated person about the patent assertion by failing to include any one of the following:
(A)
The identity of the person asserting a right to license the patent to or enforce the patent against the intended recipient or any affiliated person;
(B)
The patent number issued by the United States patent and trademark office alleged to have been infringed; or
(C)
The factual allegations concerning the specific areas in which the intended recipient or affiliated person's products, services, or technology infringed the patent or are covered by the claims in the patent.
Added by 2015 Ch. 309,§ 2, eff. 8/5/2015.
L. 2015: Entire article added, (HB 15-1063), ch. 309, p. 1264, § 2, effective August 5.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › PATENTS - PROHIBITED COMMUNICATION (§§ 6-12-101 — 6-12-104) › Article 12 - PROHIBITED COMMUNICATION CONCERNING PATENTS (§§ 6-12-101 — 6-12-104) › Section 6-12-103 - Exclusions

(1)
It is not a violation of this article for any person who owns or has the right of license or enforcement of a patent to:
(a)
Notify another of that ownership or right of license or enforcement;
(b)
Notify another that a patent is available for license or sale;
(c)
Notify another that the claim for infringement of the patent is pursuant to
35 U.S.C. sec. 271(e)(2)
or
42 U.S.C. sec. 262
; or
(d)
Seek compensation on account of past or present infringement, or for a license to the patent, when, after an objectively good faith investigation, it is reasonable to believe that the person from whom compensation is sought may owe such compensation.
(2)
The provisions of this article do not apply to any written or electronic communication sent by:
(a)
Any owner of a patent who is using the patent in connection with substantial research, development, production, manufacturing, processing, or delivery of products or materials;
(b)
Any institution of higher education; or
(c)
Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.
(3)
The provisions of this article do not apply to a demand letter or civil action that includes a claim for relief arising under
35 U.S.C. sec. 271(e)(2)
after an objectively good faith investigation.
Added by 2015 Ch. 309,§2, eff. 8/5/2015.
L. 2015: Entire article added, (HB 15-1063), ch. 309, p. 1265, § 2, effective August 5.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENFORCEMENT OF NONDRAMATIC MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Article 13 - ENFORCEMENT OF MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Part 1 - GENERAL PROVISIONS (§§ 6-13-101 — 6-13-104) › Section 6-13-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Copyright owner" means the owner of a copyright of a nondramatic musical or similar work recognized and enforceable under the copyright laws of the United States (
17 U.S.C. sec. 101
et seq.). "Copyright owner" and "similar work" shall not include the owner of a copyright in a motion picture or audiovisual work, or in part of a motion picture or audiovisual work.
(2)
"Nondramatic" means the public performance of a recorded, broadcast, or live musical work; except that "nondramatic" shall not mean the performance of a dramatic work including a play.
(3)
"Performing rights society" means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners such as the American society of composers, authors and publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc.
(4)
"Proprietor" means the owner of a retail establishment, including, but not limited to, a restaurant, bar, sports facility, or other place of business where nondramatic musical or similar copyrighted works may be performed, broadcast, or otherwise transmitted for the enjoyment of members of the general public.
(5)
"Royalty" or "royalties" means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical or other similar work.
L. 95: Entire article added, p. 1263, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENFORCEMENT OF NONDRAMATIC MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Article 13 - ENFORCEMENT OF MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Part 1 - GENERAL PROVISIONS (§§ 6-13-101 — 6-13-104) › Section 6-13-102 - Scope of article

(1)
(a)
This article 13 applies only to the following:
(I)
A contract entered into between a performing rights society and a proprietor; and
(II)
Investigations and negotiations related to a contract or prospective contract between a performing rights society and a proprietor.
(b)
The rights, remedies, and prohibitions accorded by this article 13 are in addition to any other right, remedy, or prohibition accorded by common law, federal law, or the laws of this state and do not deny, abrogate, or impair any such common-law or statutory right, remedy, or prohibition.
(2)
This article shall not apply to:
(a)
A contract entered into between a performing rights society and a broadcaster licensed by the federal communications commission;
(b)
Conduct described in sections
18-4-602
,
18-4-603
, and
18-4-604
, C.R.S.
Amended by 2017 Ch. 78,§ 1, eff. 8/9/2017.
L. 95: Entire article added, p. 1264, § 1, effective July 1. L. 2017: (1) amended, (HB 17-1092), ch. 78, p. 245, § 1, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENFORCEMENT OF NONDRAMATIC MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Article 13 - ENFORCEMENT OF MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Part 1 - GENERAL PROVISIONS (§§ 6-13-101 — 6-13-104) › Section 6-13-104 - Violations - penalties

(1)
A proprietor may bring an action in a court of competent jurisdiction or assert a counterclaim against a copyright owner or performing rights society to enjoin a violation of this article and recover any damages sustained as a result of such violation.
(2)
The prevailing party in any action brought under this article 13 shall be awarded reasonable attorney fees. If the prevailing party is a proprietor, the proprietor may also recover the reasonable costs of the action and treble damages, but in no event shall the proprietor be awarded less than two thousand dollars.
(3)
A proprietor shall not bring a counterclaim against any party except the original complainant, and if such complainant is a performing rights society, a counterclaim shall not be brought against any copyright owner in his or her individual capacity.
Amended by 2017 Ch. 78,§ 3, eff. 8/9/2017.
L. 95: Entire article added, p. 1266, § 1, effective July 1. L. 2017: (2) amended, (HB 17-1092), ch. 78, p. 246, § 3, effective August 9.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENFORCEMENT OF NONDRAMATIC MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Article 13 - ENFORCEMENT OF MUSIC COPYRIGHTS (§§ 6-13-101 — 6-13-204) › Part 2 - REQUIRED DISCLOSURES (§§ 6-13-201 — 6-13-204) › Section 6-13-201 - Filing and online publication of contracts and royalty schedules

(1)
A performing rights society shall annually file with the secretary of state an electronic copy of each form contract licensing the public performance of the nondramatic musical works in the performing rights society's repertory to proprietors in the state of Colorado, together with the applicable schedule of royalty rates payable under each form contract. The secretary of state shall post the information filed in accordance with this subsection (1) on the secretary of state's website. The secretary of state has no duty to determine whether the documents filed comply with the requirements of this article 13 or to determine the performing rights society's compliance with this article 13.
(2)
A performing rights society shall also make available, at no charge, both the contracts and schedules of royalty rates that are required to be filed with the secretary of state in accordance with subsection (1) of this section to any proprietor within Colorado via a link to the society's website from the secretary of state's website.
(3)
Upon request of the secretary of state, each performing rights society shall provide to the secretary of state information on a proprietor's rights and responsibilities regarding the public performance of nondramatic musical works, and the secretary of state shall post the information on the secretary of state's website.
Added by 2017 Ch. 78,§ 4, eff. 8/9/2017.
L. 2017: Entire part added, (HB 17-1092), ch. 78, p. 246, § 4, effective August 9.