(a) This section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value.
(b) Within five business days after receiving a signed demand by the debtor:
(1) A secured party having control of a deposit account under section 4-9-104 (a)(2) shall send to the bank with which the deposit account is maintained a signed record that releases the bank from any further obligation to comply with instructions originated by the secured party;
(2) A secured party having control of a deposit account under section 4-9-104 (a)(3) shall:
(A) Pay the debtor the balance on deposit in the deposit account; or
(B) At the request of the debtor, transfer the balance on deposit into a deposit account in the debtor's name, providing sufficient information so that the debtor can access the deposit account.
(2.5) The amount due the debtor shall also include all interest earned on the deposit account to the extent not already credited to the deposit account or paid to the debtor from the date the conditions in subsection (a) of this section are satisfied.
(3) A secured party, other than a buyer, having control under section 4-9-105 of an authoritative electronic copy of a record evidencing chattel paper shall transfer control of the electronic copy to the debtor or a person designated by the debtor;
(4) A secured party having control of investment property under section 4-8-106 (d)(2) or 4-9-106 (b) shall send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained a signed record that releases the securities intermediary or commodity intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party;
(5) A secured party having control of a letter-of-credit right under section 4-9-107 shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the secured party a signed release from any further obligation to pay or deliver proceeds of the letter of credit to the secured party;
(6) A secured party having control under section 4-7-106 of an authoritative electronic copy of an electronic document shall transfer control of the electronic copy to the debtor or a person designated by the debtor; and
(7) A secured party having control under section 4-12-105 of a controllable electronic record, other than a buyer of a controllable account or controllable payment intangible evidenced by the controllable electronic record, shall transfer control of the controllable electronic record to the debtor or a person designated by the debtor.
Source: L. 2001: Entire article R&RE, p. 1338, � 1, effective July 1. L. 2006: (b)(4) and (b)(5) amended and (b)(6) added, p. 500, � 36, effective September 1. L. 2023: IP(b), (b)(1), (b)(3), (b)(4), (b)(5), and (b)(6) amended and (b)(7) added, (SB 23-090), ch. 136, p. 547, � 49, effective August 7.
Editor's note - Colorado legislative change: Colorado substituted the phrase five business for the word 10 in the introductory portion to subsection (b), added the phrases At the request of the debtor, and providing sufficient information so that the debtor can access the deposit account in subsection (b)(2)(B), and added a new subsection (b)(2.5).
4-9-209. Duties of secured party if account debtor has been notified of assignment. (a) Except as otherwise provided in subsection (c) of this section, this section applies if:
(1) There is no outstanding secured obligation; and
(2) The secured party is not committed to make advances, incur obligations, or otherwise give value.
(b) Within ten days after receiving a signed demand by the debtor, a secured party shall send to an account debtor that has received notification under section 4-9-406 (a) or 4-12-106 (b) of an assignment to the secured party as assignee a signed record that releases the account debtor from any further obligation to the secured party.
(c) This section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible.
Source: L. 2001: Entire article R&RE, p. 1340, � 1, effective July 1. L. 2023: (b) amended, (SB 23-090), ch. 136, p. 549, � 50, effective August 7.
4-9-210. Request for accounting - request regarding list of collateral or statement of account - definitions. (a) In this section:
(1) Request means a record of a type described in paragraph (2), (3), or (4) of this subsection (a).
(2) Request for an accounting means a record signed by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request.
(3) Request regarding a list of collateral means a record signed by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request.
(4) Request regarding a statement of account means a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.
(b) Subject to subsections (c), (d), (e), and (f) of this section, a secured party, other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, shall comply with a request within fourteen days after receipt:
(1) In the case of a request for an accounting, by signing and sending to the debtor an accounting; and
(2) In the case of a request regarding a list of collateral or a request regarding a statement of account, by signing and sending to the debtor an approval or correction.
(c) A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor a signed record including a statement to that effect within fourteen days after receipt.
(d) A person that receives a request regarding a list of collateral, that claims no interest in the collateral when it receives the request, and that claimed an interest in the collateral at an earlier time shall comply with the request within fourteen days after receipt by sending to the debtor a signed record:
(1) Disclaiming any interest in the collateral; and
(2) If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient's interest in the collateral.
(e) A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in the obligations when it receives the request, and that claimed an interest in the obligations at an earlier time shall comply with the request within fourteen days after receipt by sending to the debtor an authenticated record:
(1) Disclaiming any interest in the obligations; and
(2) If known to the recipient, providing the name and mailing address of any assignee of or successor to the recipient's interest in the obligations.
(f) A debtor is entitled without charge to a response to a request under this section during any six-month period for each (i) an accounting, (ii) regarding a list of collateral, and (iii) regarding a statement of account. The secured party may require payment of a charge, not exceeding fifteen dollars, for each additional response. Wherever the term debtor is used in this section, it means either the debtor or the person designated by the debtor to receive a response in a notification authenticated by the debtor and received by the secured party or other applicable person at or prior to the time of a request.
Source: L. 2001: Entire article R&RE, p. 1340, � 1, effective July 1. L. 2023: (a)(2), (a)(3), (b), (c), IP(d) amended, (SB 23-090), ch. 136, p. 549, � 51, effective August 7.
Editor's note: (1) This section is similar to former � 4-9-208 as it existed prior to 2001.
(2) Colorado legislative change: In subsection (f), Colorado changed the word one to a, added the phrase for each (i) an accounting, (ii) regarding a list of collateral, and (iii) regarding a statement of account, changed the fee from $25 to $15, and added the last sentence.