(a) (1) Any person named as a debtor may file in the filing office an information statement with respect to a record indexed there under the debtor's name if the person believes that the record is inaccurate or was wrongfully filed.
(2) and (3) Repealed.
(b) An information statement under subsection (a) of this section must:
(1) Identify the record to which it relates by:
(A) The file number assigned to the initial financing statement to which the record relates; and
(B) If the information statement relates to a record filed or recorded in a filing office described in section 4-9-501 (a)(1), the date that the initial financing statement was filed or recorded;
(2) Indicate that it is an information statement; and
(3) Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.
(c) A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under section 4-9-509 (d).
(d) An information statement under subsection (c) of this section must:
(1) Identify the record to which it relates by:
(A) The file number assigned to the initial financing statement to which the record relates; and
(B) If the information statement relates to a record filed or recorded in a filing office described in section 4-9-501 (a)(1), the date that the initial financing statement was filed or recorded;
(2) Indicate that it is an information statement; and
(3) Provide the basis for the person's belief that the person that filed the record was not entitled to do so under section 4-9-509 (d).
(e) The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.
(f) Repealed.
Source: L. 2001: Entire article R&RE, p. 1389, � 1, effective July 1. L. 2008: (a) amended and (d) added, p. 266, � 1, effective August 5. L. 2010: (a)(2) amended, (HB 10-1422), ch. 419, p. 2063, � 6, effective August 11. L. 2012: Entire section amended, (HB 12-1262), ch. 170, p. 603, � 14, effective July 1, 2013. L. 2013: (a)(2), (a)(3), and (f) repealed, (HB 13-1284), ch. 379, p. 2222, � 2, effective July 1.
4-9-519. Numbering, maintaining, and indexing records - communicating information provided in records. (a) For each record filed in a filing office, the filing office shall:
(1) Assign a unique number to the filed record;
(2) Create a record that bears the number assigned to the filed record and the date and time of filing;
(3) Maintain the filed record for public inspection; and
(4) Index the filed record in accordance with subsections (c), (d), and (e) of this section.
(b) Repealed.
(c) Except as otherwise provided in subsections (d) and (e) of this section, the filing office shall:
(1) Index an initial financing statement according to the name of the debtor and index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement; and
(2) Index a record that provides a name of a debtor which was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided.
(d) If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, it must be filed for record and the filing office shall index it:
(1) Under the names of the debtor and of each owner of record shown on the financing statement as if they were the mortgagors under a mortgage of the real property described; and
(2) To the extent that the law of this state provides for indexing of records of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee thereunder, or, if indexing is by description, as if the financing statement were a record of a mortgage of the real property described.
(e) If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, the filing office shall index an assignment filed under section 4-9-514 (a) or an amendment filed under section 4-9-514 (b):
(1) Under the name of the assignor as grantor; and
(2) To the extent that the law of this state provides for indexing a record of the assignment of a mortgage under the name of the assignee, under the name of the assignee.
(f) The filing office shall maintain a capability:
(1) To retrieve a record by the name of the debtor and:
(A) If the filing office is described in section 4-9-501 (a)(1), by the file number assigned to the initial financing statement to which the record relates and the date that the record was filed or recorded; or
(B) If the filing office is described in section 4-9-501 (a)(2), by the file number assigned to the initial financing statement to which the record relates; and
(2) To associate and retrieve with one another an initial financing statement and each filed record relating to the initial financing statement.
(g) The filing office may not remove a debtor's name from the index until one year after the effectiveness of a financing statement naming the debtor lapses under section 4-9-515 with respect to all secured parties of record.
(h) The filing office shall perform the acts required by subsections (a) to (e) of this section at the time and in the manner prescribed by filing-office rule, but not later than five business days after the filing office receives the record in question.
Source: L. 2001: Entire article R&RE, p. 1389, � 1, effective July 1. L. 2009: (b) repealed, (SB 09-084), ch. 141, p. 603, � 3, effective August 5.
Editor's note: (1) This section is similar to former � 4-9-403 as it existed prior to 2001.
(2) Colorado legislative change: Colorado did not adopt subsection (i).