§ 4-9.7-106 — Duties of filing officer

Colorado § 4-9.7-106

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Colorado Statutory Lien Registration Act

Text

(a) If a notice of lien is communicated to
and accepted by the secretary of state for filing, the secretary of state shall cause
the notice to be marked, maintained, and indexed in accordance with the provisions
of section 4-9-519 as if the notice were a financing statement and each owner
identified in the notice were a debtor within the meaning of section 4-9-519.

(b) If a notice of amendment is communicated to and accepted by the
secretary of state for filing, the secretary of state shall:

(1) Cause the notice of amendment to be marked, maintained, and indexed as
if the notice were an amendment of a financing statement within the meaning of
section 4-9-512;

(2) If the notice of amendment terminates a notice of lien, cause the notice
of amendment to be marked, maintained, and indexed as if the notice were a
termination statement within the meaning of section 4-9-513; or

(3) If the notice of amendment continues a notice of lien, cause the notice of
amendment to be marked, maintained, and indexed as if the notice were a
continuation statement as defined in section 4-9-102 (27) and extend the
effectiveness of the notice of lien by the appropriate period pursuant to the
applicable substantive statute.

(c) If the secretary of state refuses to accept a notice of lien or notice of
amendment for filing, the secretary of state shall communicate to the person that
presented the record the fact of and reason for the refusal. The communication
shall be made at the time and in the manner prescribed by the rules adopted by the
secretary of state pursuant to section 4-9.7-109.

(d) The secretary of state may remove a notice of lien from the records of the
secretary of state one year after the notice expires in accordance with section 4-9.7-104 (c).

(e) The secretary of state shall communicate or otherwise make available in
a record the following information to any person that requests the information:

(1) Whether there is on file on a date and time specified by the secretary of
state any notice of lien or notice of amendment that:

(A) Designates a particular owner; and

(B) Has not expired under section 4-9.7-104 (c); and

(C) If the request so states, has expired under section 4-9.7-104 (c) and a
record of which is maintained by the secretary of state under subsection (d) of this
section;

(2) The date and time of filing of each notice of lien and notice of amendment
described in paragraph (1) of this subsection (e); and

(3) The information provided in each notice of lien and notice of amendment
described in paragraph (1) of this subsection (e).

Legislative History

Source: L. 2008: Entire article added, p. 271, � 8, effective May 29, 2012. L. 2013: (d), (e)(1)(B), and (e)(1)(C) amended, (HB 13-1300), ch. 316, p. 1662, � 6, effective August 7.