Colorado § 4-9-509 Persons entitled to file a record

Colorado Statutes

§ 4-9-509 — Persons entitled to file a record

Colorado·Title 04 Uniform·Art. Secured Transactions

(a)A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:

(1)The debtor authorizes the filing in a signed record or pursuant to subsection (b) or (c) of this section; or

(2)The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.

(b)By signing or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:

(1)The collateral described in the security agreement; and

(2)Property that becomes collateral under section 4-9-315 (a)(2)

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(a) A person may file an initial
financing statement, amendment that adds collateral covered by a financing
statement, or amendment that adds a debtor to a financing statement only if:

(1) The debtor authorizes the filing in a signed record or pursuant to
subsection (b) or (c) of this section; or

(2) The person holds an agricultural lien that has become effective at the
time of filing and the financing statement covers only collateral in which the person
holds an agricultural lien.

(b) By signing or becoming bound as debtor by a security agreement, a
debtor or new debtor authorizes the filing of an initial financing statement, and an
amendment, covering:

(1) The collateral described in the security agreement; and

(2) Property that becomes collateral under section 4-9-315 (a)(2), whether or
not the security agreement expressly covers proceeds.

(c) By acquiring collateral in which a security interest or agricultural lien
continues under section 4-9-315 (a)(1), a debtor authorizes the filing of an initial
financing statement, and an amendment, covering the collateral and property that
becomes collateral under section 4-9-315 (a)(2).

(d) A person may file an amendment other than an amendment that adds
collateral covered by a financing statement or an amendment that adds a debtor to
a financing statement only if:

(1) The secured party of record authorizes the filing; or

(2) The amendment is a termination statement for a financing statement as
to which the secured party of record has failed to file or send a termination
statement as required by section 4-9-513 (a) or (c), the debtor authorizes the filing,
and the termination statement indicates that the debtor authorized it to be filed.

(e) If there is more than one secured party of record for a financing
statement, each secured party of record may authorize the filing of an amendment
under subsection (d) of this section.

Colorado § 4-9-509 (Persons entitled to file a record) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 2001: Entire article R&RE, p. 1383, � 1, effective July 1. L. 2023: (a)(1) and IP(b) amended, (SB 23-090), ch. 136, p. 559, � 74, effective August 7.