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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

153 sections·Filtered byTitle 4✕Ch 9✕

Colo. Rev. Stat. § 4-9-525 Fees
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(a) Except as otherwise provided in subsection (f) of this section and subject to section 24-75-402, C.R.S., fees for services rendered by the secretary of state under this part 5 shall be determined and collected pursuant to section 24-21-104, C.R.S. (b) Except as otherwise prov…
Colo. Rev. Stat. § 4-9-526 Filing-office rules
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(a) The secretary of state shall adopt and publish rules to implement this article. The filing-office rules must be: (1) Consistent with this article; and (2) Adopted and published in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S. (b) To k…
Colo. Rev. Stat. § 4-9-528 Refiling required
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(a) (1) The effectiveness of a financing statement that was filed before July 1, 1996, and that has not otherwise lapsed by December 31, 1997, shall lapse in the manner provided in section 4-9-403 (2) of former article 9 of this title on December 31, 1997, unless a continuation s…
Colo. Rev. Stat. § 4-9-529 Electronic and other filings
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(a) (Deleted by amendment, L. 2008, p. 268, § 6.) (b) The secretary of state shall ensure that presentation for filing may be accomplished electronically, without the necessity for the presentation of a physical original document or the image thereof, if all required information …

Colo. Rev. Stat. § 4-9-531 Removal of social security numbers from financing statements in the custody of the secretary of state

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(a) As soon as feasible, but no later than July 1, 2003, the secretary of state shall remove social security numbers from the publicly accessible electronic records of all financing statements in the custody of the secretary that were filed with a filing office on or after April …

Colo. Rev. Stat. § 4-9-601 Rights after default - judicial enforcement - consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes

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(a) After default, a secured party has the rights provided in this part 6 and, except as otherwise provided in section 4-9-602, those provided by agreement of the parties. A secured party: (1) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security int…

Colo. Rev. Stat. § 4-9-602 Waiver and variance of rights and duties

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Except as otherwise provided in section 4-9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections: (1) Section 4-9-207 (b)(4)(C), which de…

Colo. Rev. Stat. § 4-9-603 Agreement on standards concerning rights and duties

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(a) The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in section 4-9-602 if the standards are not unreasonable. (b) Subsection (a) of this section does not empo…

Colo. Rev. Stat. § 4-9-604 Procedure if security agreement covers real property or fixtures

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(a) If a security agreement covers both personal and real property, a secured party may proceed: (1) Under this part 6 as to the personal property without prejudicing any rights with respect to the real property; or (2) As to both the personal property and the real property in ac…

Colo. Rev. Stat. § 4-9-605 Unknown debtor or secondary obligor

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(a) Except as provided in subsection (b) of this section, a secured party does not owe a duty based on its status as secured party: (1) To a person that is a debtor or obligor, unless the secured party knows: (A) That the person is a debtor or obligor; (B) The identity of the per…

Colo. Rev. Stat. § 4-9-606 Time of default for agricultural lien

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For purposes of this part 6, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created. Source: L. 2001: Entire article R&RE, p. 1401, § 1, effective July 1…

Colo. Rev. Stat. § 4-9-607 Collection and enforcement by secured party

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(a) If so agreed, and in any event after default, a secured party: (1) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party; (2) May take any proceeds to which the secured p…

Colo. Rev. Stat. § 4-9-608 Application of proceeds of collection or enforcement - liability for deficiency and right to surplus

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(a) If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply: (1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under section 4-9-607 in the following order to: …

Colo. Rev. Stat. § 4-9-609 Secured party's right to take possession after default

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(a) After default, a secured party: (1) May take possession of the collateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 4-9-610. (b) A secured party may proceed under subsection (a) of this section: (1) …

Colo. Rev. Stat. § 4-9-610 Disposition of collateral after default

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(a) After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing. (b) Every aspect of a disposition of collateral, including the method, ma…

Colo. Rev. Stat. § 4-9-611 Notification before disposition of collateral - definition

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(a) In this section, "notification date" means the earlier of the date on which: (1) A secured party sends to the debtor and any secondary obligor a signed notification of disposition; or (2) The debtor and any secondary obligor waive the right to notification as provided in sect…

Colo. Rev. Stat. § 4-9-612 Timeliness of notification before disposition of collateral

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(a) Except as otherwise provided in subsection (b) of this section, whether a notification is sent within a reasonable time is a question of fact. (b) In a transaction other than a consumer transaction, a notification of disposition sent after default and ten days or more before …

Colo. Rev. Stat. § 4-9-613 Contents and form of notification before disposition of collateral: general

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(a) Except in a consumer-goods transaction, the following rules apply: (1) The contents of a notification of disposition are sufficient if the notification: (A) Describes the debtor and the secured party; (B) Describes the collateral that is the subject of the intended dispositio…

Colo. Rev. Stat. § 4-9-614 Contents and form of notification before disposition of collateral: consumer-goods transaction

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(a) In a consumer-goods transaction, the following rules apply: (1) A notification of disposition must provide the following information: (A) The information specified in section 4-9-613 (a)(1); (B) A description of any liability for a deficiency of the person to which the notifi…

Colo. Rev. Stat. § 4-9-615 Application of proceeds of disposition; liability for deficiency and right to surplus

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(a) A secured party shall apply or pay over for application the cash proceeds of disposition under section 4-9-610 in the following order to: (1) The reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, and, to the extent provided for by…

Colo. Rev. Stat. § 4-9-616 Explanation of calculation of surplus or deficiency - definitions

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(a) In this section: (1) "Explanation" means a record that: (A) States the amount of the surplus or deficiency; (B) Provides an explanation in accordance with subsection (c) of this section of how the secured party calculated the surplus or deficiency; (C) States, if applicable, …

Colo. Rev. Stat. § 4-9-617 Rights of transferee of collateral

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(a) A secured party's disposition of collateral after default: (1) Transfers to a transferee for value all of the debtor's rights in the collateral; (2) Discharges the security interest under which the disposition is made; and (3) Discharges any subordinate security interest or o…

Colo. Rev. Stat. § 4-9-618 Rights and duties of certain secondary obligors

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(a) A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor: (1) Receives an assignment of a secured obligation from the secured party; (2) Receives a transfer of collateral from the secured party and ag…

Colo. Rev. Stat. § 4-9-619 Transfer of record or legal title

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(a) In this section, "transfer statement" means a record signed by a secured party stating: (1) That the debtor has defaulted in connection with an obligation secured by specified collateral; (2) That the secured party has exercised its post-default remedies with respect to the c…

Colo. Rev. Stat. § 4-9-620 Acceptance of collateral in full or partial satisfaction of obligation - compulsory disposition of collateral

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(a) Except as otherwise provided in subsection (g) of this section, a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if: (1) The debtor consents to the acceptance under subsection (c) of this section; (2) The secured party do…

Colo. Rev. Stat. § 4-9-621 Notification of proposal to accept collateral

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(a) A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to: (1) Any person from which the secured party has received, before the debtor consented to the acceptance, a signed notification of a claim…

Colo. Rev. Stat. § 4-9-622 Effect of acceptance of collateral

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(a) A secured party's acceptance of collateral in full or partial satisfaction of the obligation it secures: (1) Discharges the obligation to the extent consented to by the debtor; (2) Transfers to the secured party all of a debtor's rights in the collateral; (3) Discharges the s…

Colo. Rev. Stat. § 4-9-623 Right to redeem collateral

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(a) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral. (b) To redeem collateral, a person shall tender: (1) Fulfillment of all obligations secured by the collateral; and (2) The reasonable expenses and reasonable attorney's fees descr…

Colo. Rev. Stat. § 4-9-624 Waiver

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(a) A debtor or secondary obligor may waive the right to notification of disposition of collateral under section 4-9-611 only by an agreement to that effect entered into and signed after default. (b) A debtor may waive the right to require disposition of collateral under section …

Colo. Rev. Stat. § 4-9-625 Remedies for secured party's failure to comply with article

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(a) If it is established that a secured party is not proceeding in accordance with this article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (b) Subject to subsections (c), (d), and (f) of this section, …

Colo. Rev. Stat. § 4-9-626 Action in which deficiency or surplus is in issue

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(a) In an action arising from a transaction, other than a consumer transaction, in which the amount of a deficiency or surplus is in issue, the following rules apply: (1) A secured party need not prove compliance with the provisions of this part 6 relating to collection, enforcem…

Colo. Rev. Stat. § 4-9-627 Determination of whether conduct was commercially reasonable

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(a) The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing th…

Colo. Rev. Stat. § 4-9-628 Nonliability and limitation on liability of secured party - liability of secondary obligor

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(a) Subject to subsection (f) of this section, unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person: (1) The secured party is not liable to the person, or to a secured party or lienholder…

Colo. Rev. Stat. § 4-9-629 Secured party's liability when taking possession after default - legislative declaration - fund

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(a) The general assembly recognizes that, in the past, certain debtors may have been disadvantaged by the actions of repossessors and that such debtors were then unable to obtain just redress for their losses in the courts, especially in cases in which the creditor who initiated …

Colo. Rev. Stat. § 4-9-701 Effective date

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This act takes effect on July 1, 2001. References in this part 7 to "this act" refer to the repealed and reenacted article 9 of this title as contained in Senate Bill 01-240, enacted at the first regular session of the sixty-third general assembly. References in this part 7 to "f…

Colo. Rev. Stat. § 4-9-702 Saving clause

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(a) Except as otherwise provided in this part 7, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2001. (b) Except as otherwise provided in subsection (c) of this section and sections 4-9-703 to…

Colo. Rev. Stat. § 4-9-703 Security interest perfected before effective date

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(a) A security interest that is enforceable immediately before July 1, 2001, and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this act if, on July 1, 2001, the applicable requirements for enforcea…

Colo. Rev. Stat. § 4-9-704 Security interest unperfected before effective date

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A security interest that is enforceable immediately before July 1, 2001, but that would be subordinate to the rights of a person that becomes a lien creditor at that time: (1) Remains an enforceable security interest for one year after July 1, 2001; (2) Remains enforceable after …

Colo. Rev. Stat. § 4-9-705 Effectiveness of action taken before effective date

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(a) If action, other than the filing of a financing statement, is taken before July 1, 2001, and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before July 1, …

Colo. Rev. Stat. § 4-9-706 When initial financing statement suffices to continue effectiveness of financing statement

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(a) The filing of an initial financing statement in the office specified in section 4-9-501 continues the effectiveness of a financing statement filed before July 1, 2001, if: (1) The filing of an initial financing statement in that office would be effective to perfect a security…

Colo. Rev. Stat. § 4-9-707 Amendment of pre-effective-date financing statement

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(a) As used in this part 7, "pre-effective-date financing statement" means a financing statement filed before July 1, 2001. (b) After July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information pro…

Colo. Rev. Stat. § 4-9-708 Persons entitled to file initial financing statement or continuation statement

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A person may file an initial financing statement or a continuation statement under this part 7 if: (1) The secured party of record authorizes the filing; and (2) The filing is necessary under this part 7: (A) To continue the effectiveness of a financing statement filed before Jul…

Colo. Rev. Stat. § 4-9-709 Priority

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(a) This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, former article 9 determines priority. (b) For purposes of section 4-9-322 (a), the priority of a security interest tha…

Colo. Rev. Stat. § 4-9-710 Effectiveness of filing in clerk and recorders' offices

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Except as provided in this section, a pre-effective-date financing statement filed with respect to a security interest in the office of any clerk and recorder in this state shall be treated as if it had been filed in the office of the secretary of state. The preceding sentence do…

Colo. Rev. Stat. § 4-9-801 Effective date

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House Bill 12-1262, enacted in 2012, takes effect on July 1, 2013. Source: L. 2012: Entire part added, (HB 12-1262), ch. 170, p. 604, § 16, effective July 1, 2013.

Colo. Rev. Stat. § 4-9-802 Saving clause

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(a) Except as otherwise provided in this part 8, House Bill 12-1262, enacted in 2012, applies to a transaction or lien within its scope even if the transaction or lien was entered into or created before July 1, 2013. (b) House Bill 12-1262, enacted in 2012, does not affect an act…

Colo. Rev. Stat. § 4-9-803 Security interest perfected before effective date

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(a) A security interest that is a perfected security interest immediately before July 1, 2013, is a perfected security interest under this article, as amended, if, when House Bill 12-1262, enacted in 2012, takes effect, the applicable requirements for attachment and perfection un…

Colo. Rev. Stat. § 4-9-804 Security interest unperfected before effective date

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(a) A security interest that is an unperfected security interest immediately before July 1, 2013, becomes a perfected security interest: (1) Without further action, on July 1, 2013, if the applicable requirements for perfection under this article, as amended by House Bill 12-1262…

Colo. Rev. Stat. § 4-9-805 Effectiveness of action taken before effective date

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(a) The filing of a financing statement before July 1, 2013, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this article, as amended by House Bill 12-1262, enacted in 2012. (b) House Bill 12-1262…

Colo. Rev. Stat. § 4-9-806 When initial financing statement suffices to continue effectiveness of financing statement

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(a) The filing of an initial financing statement in the office specified in section 4-9-501 continues the effectiveness of a financing statement filed before July 1, 2013, if: (1) The filing of an initial financing statement in that office would be effective to perfect a security…