§ 11-53-210 — Affirmative defenses

Colorado § 11-53-210

• Jurisdiction: Colorado
• Title 11: Financial
• Art.: Colorado Commodity Code

Text

(1) It shall be an affirmative defense in any
complaint, information, or indictment, or to any writ or proceeding brought under
this article alleging a violation of section 11-53-103 based solely on the failure in an
individual case to make physical delivery within the applicable time period under
section 11-53-102 (5) or 11-53-105 (1)(b) if:

(a) Failure to make physical delivery was due solely to factors beyond the
control of the seller, the seller's officers, directors, partners, agents, servants, or
employees, any person occupying a similar status or performing a similar function
to the seller, or any person who directly or indirectly controls or is controlled by the
seller, the seller's affiliates, subsidiaries, or successors; and

(b) Physical delivery was completed within a reasonable time under the
applicable circumstances.

Legislative History

Source: L. 89: Entire article R&RE, p. 640, � 1, effective July 1.