§ 4-9.5-101. Short Title
This article shall be known and may be cited as the “Central Filing of Effective Financing Statement Act”. Source: L. 88: Entire article added, p. 325, § 1, effective May 29.
§ 4-9.5-102. Legislative Declaration
The general assembly finds, determines, and declares its intent to adopt a central filing system for security interests relating to farm products pursuant to section 1324 of the federal “Food Security Act of 1985”, Pub.L. 99-198. The general assembly further finds, determines, and declares that upon the certification and operation of this central filing system, […]
§ 4-9.5-103. Definitions
As used in this article, unless the context otherwise requires: (Deleted by amendment, L . 2003, p. 1669, § 2, effective July 1, 2003.) “Buyer of farm products” or “buyer in the ordinary course of business” means a person who, in the ordinary course of business, buys farm products from a person engaged in farming […]
§ 4-9.5-104. Central Filing System
The central filing officer shall be responsible for the design, implementation, and operation of a central filing system for effective financing statements. The system shall provide a means for filing effective financing statements with the central filing officer. The system shall include requirements: That an effective financing statement be filed in the office of the […]
§ 4-9.5-104.5. Master List
The central filing officer shall compile all effective financing statements or notices into a master list: Containing the information referred to in section 4-9.5-105.3; Organized according to farm product; and Arranged within each such farm product: In alphabetical order according to the last name of the individual debtors or, in the case of debtors doing […]
§ 4-9.5-105. Confirmations
(Deleted by amendment, L . 2006, p. 1148, § 4.) (Deleted by amendment, L . 96, p. 1385, § 7, effective July 1, 1996.) (Deleted by amendment, L . 96, p. 1385, § 7, effective July 1, 1996.) (Deleted by amendment, L . 96, p. 1385, § 7, effective July 1, 1996.) A buyer of […]
§ 4-9.5-105.3. Effective Financing Statements
An effective financing statement shall state: The name and address of the secured party; The name and address of the debtor, which, in the case of an individual, shall have the surname appear first, and in the case of a corporation or other entity that is not an individual, shall have the name appear beginning […]
§ 4-9.5-105.7. Amendment of Effective Financing Statements
An effective financing statement may be amended to add or delete collateral, or otherwise to amend the information provided in the effective financing statement, by filing an amendment with the central filing officer that identifies the effective financing statement to which the amendment relates by providing its file number, filing office where originally filed, and […]
§ 4-9.5-106. Continuation Statements
A continuation statement may be filed within six months prior to the expiration of the five-year period of effectiveness of an effective financing statement. A continuation statement shall identify the effective financing statement by file number, filing office where originally filed, and date filed. Upon timely filing of the continuation statement, the effectiveness of the […]
§ 4-9.5-107. Termination Statement
The secured party identified in an effective financing statement may at any time, and without regard to whether there is any outstanding secured obligation or commitment to make advances, incur obligations, or otherwise give value, file with the central filing officer a termination statement with respect to such effective financing statement pursuant to this section […]
§ 4-9.5-108. Filings Generally
Each record filed in the central filing system shall contain all information required by the laws of this state to be contained in the record. Each such record shall: Be on or in such medium as may be acceptable to the central filing officer and from which the central filing officer may create a physical […]
§ 4-9.5-108.5. Forms
The central filing officer may prepare and furnish a form for any record that is subject to this article and may require the use of any such form. Source: L. 2006: Entire section added, p. 1153, § 9, effective May 29, 2012. Editor’s note: Section 12 of chapter 249, Session Laws of Colorado 2006, provides […]
§ 4-9.5-109. “Food Security Act of 1985”
Whether a buyer of farm products takes subject to a security interest shall be determined by section 1324 of the federal “Food Security Act of 1985” and applicable provisions of Colorado law. Source: L. 88: Entire article added, p. 331, § 1, effective May 29.
§ 4-9.5-110. Fees – Rules – Federal Certification
Repealed. (1.5) The central filing officer shall charge and collect fees and other charges, which shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., for: Distributing the master list; Furnishing any information; Furnishing a copy of any filed record; Filing any record required or permitted to be filed under this article. The central […]
§ 4-9.5-111. Penalties
Any debtor or third party who provides any false or misleading information concerning the name of the owner of any farm products or the existence of any security interest affecting farm products with the intent to deprive the secured party of any of his or her security under the security interest or to defraud or […]
§ 4-9.5-112.5. Immunity
Except in cases of willful misconduct or bad faith, the contractors retained by the central filing officer, as well as the employees of such contractors, shall be exempt from personal liability as a result of an error or omission in receiving, entering, storing, or providing information or performing their duties as required by this title. […]