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Colorado Statutes, Title 4

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Title 4, Uniform Commercial Code

0 chapters · 666 sections in this title.

All chapters in Title 4666 Ch 9153 Ch 2104 Ch 2.581 Ch 369 Ch 853 Ch 744 Ch 441 Ch 4.538 Ch 122 Ch 520 Ch 9.516 Ch 139 Ch 9.79 Ch 127

38 sections·Filtered byTitle 4✕Ch 4.5✕

Colo. Rev. Stat. § 4-4.5-101 Short title
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This article may be cited as "Uniform Commercial Code -- Funds Transfers". Source: L. 90: Entire article added, p. 342, § 1, effective January 1, 1991.
Colo. Rev. Stat. § 4-4.5-102 Subject matter
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Except as otherwise provided in section 4-4.5-108, this article applies to funds transfers defined in section 4-4.5-104. Source: L. 90: Entire article added, p. 342, § 1, effective January 1, 1991.
Colo. Rev. Stat. § 4-4.5-103 Payment order - definitions
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(a) In this article 4.5: (1) "Payment order" means an instruction of a sender to a receiving bank, transmitted orally or in a record, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if: (i) The instruction does not state a conditi…
Colo. Rev. Stat. § 4-4.5-104 Funds transfer - definitions
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In this article: (a) "Funds transfer" means the series of transactions, beginning with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originator's bank or an intermediary ba…

Colo. Rev. Stat. § 4-4.5-105 Other definitions

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(a) In this article: (1) "Authorized account" means a deposit account of a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the customer is an …

Colo. Rev. Stat. § 4-4.5-106 Time payment order is received

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(a) The time of receipt of a payment order or communication canceling or amending a payment order is determined by the rules applicable to receipt of a notice stated in section 4-1-202. A receiving bank may fix a cut-off time or times on a funds-transfer business day for the rece…

Colo. Rev. Stat. § 4-4.5-107 Federal reserve regulations and operating circulars

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Regulations of the board of governors of the federal reserve system and operating circulars of the federal reserve banks supersede any inconsistent provision of this article to the extent of the inconsistency. Source: L. 90: Entire article added, p. 345, § 1, effective January 1,…

Colo. Rev. Stat. § 4-4.5-108 Relationship to federal "Electronic Fund Transfer Act of 1978"

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(1) Except as provided in subsection (2) of this section, this article does not apply to a funds transfer any part of which is governed by the "Electronic Fund Transfer Act of 1978", Title XX, Pub.L. 95-630, 92 Stat. 3728, 15 U.S.C. sec. 1693 et seq., as amended from time to time…

Colo. Rev. Stat. § 4-4.5-201 Security procedure

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"Security procedure" means a procedure established by agreement of a customer and a receiving bank for the purpose of (i) verifying that a payment order or communication amending or canceling a payment order is that of the customer or (ii) detecting error in the transmission or t…

Colo. Rev. Stat. § 4-4.5-202 Authorized and verified payment orders

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(a) A payment order received by the receiving bank is the authorized order of the person identified as sender if that person authorized the order or is otherwise bound by it under the law of agency. (b) If a bank and its customer have agreed that the authenticity of payment order…

Colo. Rev. Stat. § 4-4.5-203 Unenforceability of certain verified payment orders

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(a) If an accepted payment order is not, under section 4-4.5-202 (a), an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to section 4-4.5-202 (b), the following rules apply: (1) By express agreement evidenced by a record,…

Colo. Rev. Stat. § 4-4.5-204 Refund of payment and duty of customer to report with respect to unauthorized payment order

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(a) If a receiving bank accepts a payment order issued in the name of its customer as sender which is (i) not authorized and not effective as the order of the customer under section 4-4.5-202, or (ii) not enforceable, in whole or in part, against the customer under section 4-4.5-…

Colo. Rev. Stat. § 4-4.5-205 Erroneous payment orders

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(a) If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order (i) erroneously instructed payment to a beneficiary not intended by the sender, (ii) erroneously instructed payment in an amount greater than the amo…

Colo. Rev. Stat. § 4-4.5-206 Transmission of payment order through funds-transfer or other communication system

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(a) If a payment order addressed to a receiving bank is transmitted to a funds-transfer system or other third-party communication system for transmittal to the bank, the system is deemed to be an agent of the sender for the purpose of transmitting the payment order to the bank. I…

Colo. Rev. Stat. § 4-4.5-207 Misdescription of beneficiary

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(a) Subject to subsection (b) of this section, if, in a payment order received by the beneficiary's bank, the name, bank account number, or other identification of the beneficiary refers to a nonexistent or unidentifiable person or account, no person has rights as a beneficiary o…

Colo. Rev. Stat. § 4-4.5-208 Misdescription of intermediary bank or beneficiary's bank

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(a) This subsection (a) applies to a payment order identifying an intermediary bank or the beneficiary's bank only by an identifying number. (1) The receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank and need not determine…

Colo. Rev. Stat. § 4-4.5-209 Acceptance of payment order

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(a) Subject to subsection (d) of this section, a receiving bank other than the beneficiary's bank accepts a payment order when it executes the order. (b) Subject to subsections (c) and (d) of this section, a beneficiary's bank accepts a payment order at the earliest of the follow…

Colo. Rev. Stat. § 4-4.5-210 Rejection of payment order

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(a) A payment order is rejected by the receiving bank by a notice of rejection transmitted to the sender orally or in a record. A notice of rejection need not use any particular words and is sufficient if it indicates that the receiving bank is rejecting the order or will not exe…

Colo. Rev. Stat. § 4-4.5-211 Cancellation and amendment of payment order

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(a) A communication of the sender of a payment order canceling or amending the order may be transmitted to the receiving bank orally or in a record. If a security procedure is in effect between the sender and the receiving bank, the communication is not effective to cancel or ame…

Colo. Rev. Stat. § 4-4.5-212 Liability and duty of receiving bank regarding unaccepted payment order

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If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach of the agreement to the extent provided in the agreement or in this article, but does not otherwise have any duty to accept a payment order or, bef…

Colo. Rev. Stat. § 4-4.5-301 Execution and execution date

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(a) A payment order is "executed" by the receiving bank when it issues a payment order intended to carry out the payment order received by the bank. A payment order received by the beneficiary's bank can be accepted but cannot be executed. (b) "Execution date" of a payment order …

Colo. Rev. Stat. § 4-4.5-302 Obligations of receiving bank in execution of payment order

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(a) Except as provided in subsections (b) through (d) of this section, if the receiving bank accepts a payment order pursuant to section 4-4.5-209 (a), the bank has the following obligations in executing the order: (1) The receiving bank is obliged to issue, on the execution date…

Colo. Rev. Stat. § 4-4.5-303 Erroneous execution of payment order

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(a) A receiving bank that (i) executes the payment order of the sender by issuing a payment order in an amount greater than the amount of the sender's order, or (ii) issues a payment order in execution of the sender's order and then issues a duplicate order, is entitled to paymen…

Colo. Rev. Stat. § 4-4.5-304 Duty of sender to report erroneously executed payment order

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If the sender of a payment order that is erroneously executed as stated in section 4-4.5-303 receives notification from the receiving bank that the order was executed or that the sender's account was debited with respect to the order, the sender has a duty to exercise ordinary ca…

Colo. Rev. Stat. § 4-4.5-305 Liability for late or improper execution or failure to execute payment order

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(a) If a funds transfer is completed but execution of a payment order by the receiving bank in breach of section 4-4.5-302 results in delay in payment to the beneficiary, the bank is obliged to pay interest to either the originator or the beneficiary of the funds transfer for the…

Colo. Rev. Stat. § 4-4.5-401 Payment date

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"Payment date" of a payment order means the day on which the amount of the order is payable to the beneficiary by the beneficiary's bank. The payment date may be determined by instruction of the sender but cannot be earlier than the day the order is received by the beneficiary's …

Colo. Rev. Stat. § 4-4.5-402 Obligation of sender to pay receiving bank

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(a) This section is subject to sections 4-4.5-205 and 4-4.5-207. (b) With respect to a payment order issued to the beneficiary's bank, acceptance of the order by the bank obliges the sender to pay the bank the amount of the order, but payment is not due until the payment date of …

Colo. Rev. Stat. § 4-4.5-403 Payment by sender to receiving bank

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(a) Payment of the sender's obligation under section 4-4.5-402 to pay the receiving bank occurs as follows: (1) If the sender is a bank, payment occurs when the receiving bank receives final settlement of the obligation through a federal reserve bank or through a funds-transfer s…

Colo. Rev. Stat. § 4-4.5-404 Obligation of beneficiary's bank to pay and give notice to beneficiary

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(a) Subject to sections 4-4.5-211 (e), 4-4.5-405 (d), and 4-4.5-405 (e), if a beneficiary's bank accepts a payment order, the bank is obliged to pay the amount of the order to the beneficiary of the order. Payment is due on the payment date of the order, but if acceptance occurs …

Colo. Rev. Stat. § 4-4.5-405 Payment by beneficiary's bank to beneficiary

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(a) If the beneficiary's bank credits an account of the beneficiary of a payment order, payment of the bank's obligation under section 4-4.5-404(a) occurs when and to the extent (i) the beneficiary is notified of the right to withdraw the credit, (ii) the bank lawfully applies th…

Colo. Rev. Stat. § 4-4.5-406 Payment by originator to beneficiary; discharge of underlying obligation

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(a) Subject to sections 4-4.5-211(e), 4-4.5-405(d), and 4-4.5-405(e), the originator of a funds transfer pays the beneficiary of the originator's payment order (i) at the time a payment order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds tr…

Colo. Rev. Stat. § 4-4.5-501 Variation by agreement and effect of funds-transfer system rule

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(a) Except as otherwise provided in this article, the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party. (b) "Funds-transfer system rule" means a rule of an association of banks (i) governing transmission of payment orders by m…

Colo. Rev. Stat. § 4-4.5-502 Creditor process served on receiving bank; setoff by beneficiary's bank

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(a) As used in this section, "creditor process" means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account. (b) This subsection (b) applies to creditor process with respe…

Colo. Rev. Stat. § 4-4.5-503 Injunction or restraining order with respect to funds transfer

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For proper cause and in compliance with applicable law, a court may restrain (i) a person from issuing a payment order to initiate a funds transfer, (ii) an originator's bank from executing the payment order of the originator, or (iii) the beneficiary's bank from releasing funds …

Colo. Rev. Stat. § 4-4.5-504 Order in which items and payment orders may be charged to account; order of withdrawals from account

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(a) If a receiving bank has received more than one payment order of the sender or one or more payment orders and other items that are payable from the sender's account, the bank may charge the sender's account with respect to the various orders and items in any sequence. (b) In d…

Colo. Rev. Stat. § 4-4.5-505 Preclusions of objection to debit of customer's account

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If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the customer as sender and accepted by the bank, and the customer received notification reasonably identifying the order, the customer is precluded from asserting that…

Colo. Rev. Stat. § 4-4.5-506 Rate of interest

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(a) If, under this article, a receiving bank is obliged to pay interest with respect to a payment order issued to the bank, the amount payable may be determined (i) by agreement of the sender and receiving bank, or (ii) by a funds-transfer system rule if the payment order is tran…

Colo. Rev. Stat. § 4-4.5-507 Choice of law

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(a) The following rules apply unless the affected parties otherwise agree or subsection (c) of this section applies: (1) The rights and obligations between the sender of a payment order and the receiving bank are governed by the law of the jurisdiction in which the receiving bank…