2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9 - SECURED TRANSACTIONS (§§ 4-9-101 — 4-9-809) › Part 5 - FILING (§§ 4-9-501 — 4-9-531) › Section 4-9-516 - What constitutes filing - effectiveness of filing

(a)
Except as otherwise provided in subsection (b) of this section, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
(b)
Filing does not occur with respect to a record that a filing office refuses to accept because:
(1)
The record is not communicated by a method or medium of communication authorized by the filing office;
(2)
An amount equal to or greater than the applicable filing fee is not tendered;
(3)
The filing office is unable to index the record because:
(A)
In the case of an initial financing statement, the record does not provide a name for the debtor;
(B)
In the case of an amendment or information statement, the record:
(i)
Does not identify the initial financing statement as required by section
4-9-512
or
4-9-518
, as applicable; or
(ii)
Identifies an initial financing statement whose effectiveness has lapsed under section
4-9-515
;
(C)
In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual that was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's surname; or
(D)
In the case of a record filed or recorded in the filing office described in section
4-9-501 (a)(1)
, the record does not provide a sufficient description of the real property to which it relates;
(4)
In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;
(5)
In the case of an initial financing statement or an amendment that provides a name of a debtor that was not previously provided in the financing statement to which the amendment relates, the record does not:
(A)
Provide a mailing address for the debtor; or
(B)
Indicate whether the debtor is an individual or an organization.
(C)
Repealed.
(6)
In the case of an assignment reflected in an initial financing statement under section
4-9-514 (a)
or an amendment filed under section
4-9-514 (b)
, the record does not provide a name and mailing address for the assignee; or
(7)
In the case of a continuation statement, the record is not filed within the six-month period prescribed by section
4-9-515 (d)
.
(c)
For purposes of subsection (b) of this section:
(1)
A record does not provide information if the filing office is unable to read or decipher the information; and
(2)
A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by section
4-9-512
,
4-9-514
, or
4-9-518
, is an initial financing statement.
(d)
A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (b) of this section, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.
L. 2001: Entire article R&RE, p. 1387, § 1, effective July 1. L. 2012: IP(b)(3)(B), (b)(3)(C), IP(b)(5), (b)(5)(A), and (b)(5)(B) amended and (b)(5)(C) repealed, (HB 12-1262), ch. 170, p. 602, § 13, effective 7/1/2013.