Colorado § 11-46-108 Adverse claims to contents of safe deposit box

Colorado Statutes

§ 11-46-108 — Adverse claims to contents of safe deposit box

Colorado·Title 11 Financial·Art. Safe Deposit Facilities

(1)A lessor shall not deny access to a safe deposit box to a lessee unless the lessee's claim is adverse within the terms of this section. A claim is adverse when:

(a)The lessor is directed to deny access by a court order issued in an action in which the lessee is served with process and named as a party by a name that identified the lessee with the name in which the safe deposit box is leased; or

(b)The safe deposit box is leased or the property is held in the name of a lessee with the addition of words indicating that the contents or property are held in a fiduciary capacity for a named beneficiary and the adverse claim is supported by a sworn written statement of facts disclosing that it is made by or on behalf of such a beneficiary and that there is reason to know that the

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(1) A lessor shall
not deny access to a safe deposit box to a lessee unless the lessee's claim is
adverse within the terms of this section. A claim is adverse when:

(a) The lessor is directed to deny access by a court order issued in an action
in which the lessee is served with process and named as a party by a name that
identified the lessee with the name in which the safe deposit box is leased; or

(b) The safe deposit box is leased or the property is held in the name of a
lessee with the addition of words indicating that the contents or property are held
in a fiduciary capacity for a named beneficiary and the adverse claim is supported
by a sworn written statement of facts disclosing that it is made by or on behalf of
such a beneficiary and that there is reason to know that the fiduciary may
misappropriate the trust property; or

(c) One of several lessees claims, contrary to the terms of the lease, an
exclusive right of access, or when one or more persons claim a right of access as
agents or officers of a lessee to the exclusion of others as agents or officers, or
when it is claimed that a lessee is the same person as one using another name.

Colorado § 11-46-108 (Adverse claims to contents of safe deposit box) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 59: p. 666, � 7. CRS 53: � 122-8-8. C.R.S. 1963: � 122-7-8. L. 2024: IP(1) and (1)(a) amended, (HB 24-1381), ch. 350, p. 2388, � 57, effective August 7.