§ 4-9-516 — What constitutes filing - effectiveness of filing

Colorado § 4-9-516

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Secured Transactions

Text

(a) Except as
otherwise provided in subsection (b) of this section, communication of a record to a
filing office and tender of the filing fee or acceptance of the record by the filing
office constitutes filing.

(b) Filing does not occur with respect to a record that a filing office refuses
to accept because:

(1) The record is not communicated by a method or medium of
communication authorized by the filing office;

(2) An amount equal to or greater than the applicable filing fee is not
tendered;

(3) The filing office is unable to index the record because:

(A) In the case of an initial financing statement, the record does not provide a
name for the debtor;

(B) In the case of an amendment or information statement, the record:

(i) Does not identify the initial financing statement as required by section 4-9-512 or 4-9-518, as applicable; or

(ii) Identifies an initial financing statement whose effectiveness has lapsed
under section 4-9-515;

(C) In the case of an initial financing statement that provides the name of a
debtor identified as an individual or an amendment that provides a name of a debtor
identified as an individual that was not previously provided in the financing
statement to which the record relates, the record does not identify the debtor's
surname; or

(D) In the case of a record filed or recorded in the filing office described in
section 4-9-501 (a)(1), the record does not provide a sufficient description of the
real property to which it relates;

(4) In the case of an initial financing statement or an amendment that adds a
secured party of record, the record does not provide a name and mailing address
for the secured party of record;

(5) In the case of an initial financing statement or an amendment that
provides a name of a debtor that was not previously provided in the financing
statement to which the amendment relates, the record does not:

(A) Provide a mailing address for the debtor; or

(B) Indicate whether the debtor is an individual or an organization.

(C) Repealed.

(6) In the case of an assignment reflected in an initial financing statement
under section 4-9-514 (a) or an amendment filed under section 4-9-514 (b), the
record does not provide a name and mailing address for the assignee; or

(7) In the case of a continuation statement, the record is not filed within the
six-month period prescribed by section 4-9-515 (d).

(c) For purposes of subsection (b) of this section:

(1) A record does not provide information if the filing office is unable to read
or decipher the information; and

(2) A record that does not indicate that it is an amendment or identify an
initial financing statement to which it relates, as required by section 4-9-512, 4-9-514, or 4-9-518, is an initial financing statement.

(d) A record that is communicated to the filing office with tender of the filing
fee, but which the filing office refuses to accept for a reason other than one set
forth in subsection (b) of this section, is effective as a filed record except as against
a purchaser of the collateral which gives value in reasonable reliance upon the
absence of the record from the files.

Legislative History

Source: L. 2001: Entire article R&RE, p. 1387, � 1, effective July 1. L. 2012: IP(b)(3)(B), (b)(3)(C), IP(b)(5), (b)(5)(A), and (b)(5)(B) amended and (b)(5)(C) repealed, (HB 12-1262), ch. 170, p. 602, � 13, effective July 1, 2013.