Colorado § 4-8-603 - Saving clause.

§ 4-8-603. Saving clause.

(a) This article does not affect an action or proceeding commenced before this article takes effect.

(b) If a security interest in a security is perfected at the date this article takes effect, and the action by which the security interest was perfected would suffice to perfect a security interest under this article, no further action is required to continue perfection. If a security interest in a security is perfected at the date this article takes effect but the action by which the security interest was perfected would not suffice to perfect a security interest under this article, the security interest remains perfected for a period of four months after the effective date and continues perfected thereafter if appropriate action to perfect under this article is taken within that period. If a security interest is perfected at the date this article takes effect and the security interest can be perfected by filing under this article, a financing statement signed by the secured party instead of the debtor may be filed within that period to continue perfection or thereafter to perfect.

Source: L. 96: Entire article R&RE, p. 233, § 2, effective July 1.

ARTICLE 9

Secured Transactions

PART 1

GENERAL PROVISIONS

4-9-101. Short title.

4-9-102. Definitions and index of definitions.

4-9-103. Purchase-money security interest - application of payments - burden of establishing - definitions.

4-9-104. Control of deposit account.

4-9-105. Control of electronic copy of record evidencing chattel paper.

4-9-106. Control of investment property.

4-9-107. Control of letter-of-credit right.

4-9-107.5. Control of controllable electronic record, controllable account, or controllable payment intangible.

4-9-108. Sufficiency of description.

4-9-109. Scope.

4-9-110. Security interests arising under article 2 or 2.5.

PART 2

EFFECTIVENESS OF SECURITY AGREEMENT; ATTACHMENT OF SECURITY INTEREST; RIGHTS OF PARTIES TO SECURITY AGREEMENT

4-9-201. General effectiveness of security agreement.

4-9-202. Title to collateral immaterial.

4-9-203. Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.

4-9-204. After-acquired property - future advances.

4-9-205. Use or disposition of collateral permissible.

4-9-206. Security interest arising in purchase or delivery of financial asset.

4-9-207. Rights and duties of secured party having possession or control of collateral.

4-9-208. Additional duties of secured party having control of collateral.

4-9-209. Duties of secured party if account debtor has been notified of assignment.

4-9-210. Request for accounting - request regarding list of collateral or statement of account - definitions.

PART 3

PERFECTION AND PRIORITY

4-9-301. Law governing perfection and priority of security interests.

4-9-302. Law governing perfection and priority of agricultural liens.

4-9-303. Law governing perfection and priority of security interests in goods covered by a certificate of title.

4-9-304. Law governing perfection and priority of security interests in deposit accounts.

4-9-305. Law governing perfection and priority of security interests in investment property.

4-9-306. Law governing perfection and priority of security interests in letter-of-credit rights.

4-9-306.5. Law governing perfection and priority of security interests in chattel paper.

4-9-306.7. Law governing perfection and priority of security interests in controllable accounts, controllable electronic records, and controllable payment intangibles.

4-9-307. Location of debtor.

4-9-308. When security interest or agricultural lien is perfected - continuity of perfection.

4-9-309. Security interest perfected upon attachment.

4-9-310. When filing required to perfect security interest or agricultural lien - security interests and agricultural liens to which filing provisions do not apply.

4-9-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties.

4-9-312. Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money - perfection by permissive filing - temporary perfection without filing or transfer of possession.

4-9-313. When possession by or delivery to secured party perfects security interest without filing.

4-9-314. Perfection by control.

4-9-314.5. Perfection by possession and control of chattel paper.

4-9-315. Secured party's rights on disposition of collateral and in proceeds.

4-9-316. Continued perfection of security interest following change in governing law.

4-9-317. Interests that take priority over or take free of security interest or agricultural lien.

4-9-318. No interest retained in right to payment that is sold - rights and title of seller of account or chattel paper with respect to creditors and purchasers.

4-9-319. Rights and title of consignee with respect to creditors and purchasers.

4-9-320. Buyer of goods.

4-9-321. Licensee of general intangible and lessee of goods in ordinary course of business.

4-9-322. Priorities among conflicting security interests in and agricultural liens on same collateral.

4-9-323. Future advances.

4-9-324. Priority of purchase-money security interests.

4-9-325. Priority of security interests in transferred collateral.

4-9-326. Priority of security interests created by new debtor.

4-9-326.5. Priority of security interest in controllable account, controllable electronic record, and controllable payment intangible.

4-9-327. Priority of security interests in deposit account.

4-9-328. Priority of security interests in investment property.

4-9-329. Priority of security interests in letter-of-credit right.

4-9-330. Priority of purchaser of chattel paper or instrument.

4-9-331. Priority of rights of purchasers of controllable accounts, controllable electronic records, controllable payment intangibles, documents, instruments, and securities under other articles - priority of interests in financial assets and security entitlements and protection against assertion of claim under articles 8 and 12.

4-9-332. Transfer of money - transfer of funds from deposit account.

4-9-333. Priority of certain liens arising by operation of law.

4-9-334. Priority of security interests in fixtures and crops.

4-9-335. Accessions.

4-9-336. Commingled goods.

4-9-337. Priority of security interests in goods covered by certificate of title.

4-9-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.

4-9-339. Priority subject to subordination.

4-9-340. Effectiveness of right of recoupment or set-off against deposit account.

4-9-341. Bank's rights and duties with respect to deposit account.

4-9-342. Bank's right to refuse to enter into or disclose existence of control agreement.

PART 4

RIGHTS OF THIRD PARTIES

4-9-401. Alienability of debtor's rights.

4-9-402. Secured party not obligated on contract of debtor or in tort.

4-9-403. Agreement not to assert defenses against assignee.

4-9-404. Rights acquired by assignee; claims and defenses against assignee.

4-9-405. Modification of assigned contract.

4-9-406. Discharge of account debtor - notification of assignment - identification and proof of assignment - restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.

4-9-407. Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest.

4-9-408. Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective.

4-9-409. Restrictions on assignment of letter-of-credit rights ineffective.

PART 5

FILING

4-9-501. Filing office.

4-9-502. Contents of financing statement - record of mortgage as financing statement - time of filing financing statement.

4-9-503. Name of debtor and secured party.

4-9-504. Indication of collateral.

4-9-505. Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.

4-9-506. Effect of errors or omissions.

4-9-507. Effect of certain events on effectiveness of financing statement.

4-9-508. Effectiveness of financing statement if new debtor becomes bound by security agreement.

4-9-509. Persons entitled to file a record.

4-9-510. Effectiveness of filed record.

4-9-511. Secured party of record.

4-9-512. Amendment of financing statement.

4-9-513. Termination statement.

4-9-514. Assignment of powers of secured party of record.

4-9-515. Duration and effectiveness of financing statement - effect of lapsed financing statement.

4-9-516. What constitutes filing - effectiveness of filing.

4-9-517. Effect of indexing errors.

4-9-518. Claim concerning inaccurate or wrongfully filed record.

4-9-519. Numbering, maintaining, and indexing records - communicating information provided in records.

4-9-520. Acceptance and refusal to accept record.

4-9-521. Uniform form of written financing statement and amendment.

4-9-522. Maintenance and destruction of records.

4-9-523. Information from filing office - sale or license of records.

4-9-524. Delay by filing office.

4-9-525. Fees.

4-9-526. Filing-office rules.

4-9-527. Duty to report. (Repealed)

4-9-528. Refiling required.

4-9-529. Electronic and other filings.

4-9-530. Proper office to file certain amendments. (Repealed)

4-9-531. Removal of social security numbers from financing statements in the custody of the secretary of state.

PART 6

DEFAULT

4-9-601. Rights after default - judicial enforcement - consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

4-9-602. Waiver and variance of rights and duties.

4-9-603. Agreement on standards concerning rights and duties.

4-9-604. Procedure if security agreement covers real property or fixtures.

4-9-605. Unknown debtor or secondary obligor.

4-9-606. Time of default for agricultural lien.

4-9-607. Collection and enforcement by secured party.

4-9-608. Application of proceeds of collection or enforcement - liability for deficiency and right to surplus.

4-9-609. Secured party's right to take possession after default.

4-9-610. Disposition of collateral after default.

4-9-611. Notification before disposition of collateral - definition.

4-9-612. Timeliness of notification before disposition of collateral.

4-9-613. Contents and form of notification before disposition of collateral: general.

4-9-614. Contents and form of notification before disposition of collateral: consumer-goods transaction.

4-9-615. Application of proceeds of disposition; liability for deficiency and right to surplus.

4-9-616. Explanation of calculation of surplus or deficiency - definitions.

4-9-617. Rights of transferee of collateral.

4-9-618. Rights and duties of certain secondary obligors.

4-9-619. Transfer of record or legal title.

4-9-620. Acceptance of collateral in full or partial satisfaction of obligation - compulsory disposition of collateral.

4-9-621. Notification of proposal to accept collateral.

4-9-622. Effect of acceptance of collateral.

4-9-623. Right to redeem collateral.

4-9-624. Waiver.

4-9-625. Remedies for secured party's failure to comply with article.

4-9-626. Action in which deficiency or surplus is in issue.

4-9-627. Determination of whether conduct was commercially reasonable.

4-9-628. Nonliability and limitation on liability of secured party - liability of secondary obligor.

4-9-629. Secured party's liability when taking possession after default - legislative declaration - fund.

PART 7

TRANSITION

4-9-701. Effective date.

4-9-702. Saving clause.

4-9-703. Security interest perfected before effective date.

4-9-704. Security interest unperfected before effective date.

4-9-705. Effectiveness of action taken before effective date.

4-9-706. When initial financing statement suffices to continue effectiveness of financing statement.

4-9-707. Amendment of pre-effective-date financing statement.

4-9-708. Persons entitled to file initial financing statement or continuation statement.

4-9-709. Priority.

4-9-710. Effectiveness of filing in clerk and recorders' offices.

PART 8

TRANSITION PROVISIONS FOR 2010 AMENDMENTS

4-9-801. Effective date.

4-9-802. Saving clause.

4-9-803. Security interest perfected before effective date.

4-9-804. Security interest unperfected before effective date.

4-9-805. Effectiveness of action taken before effective date.

4-9-806. When initial financing statement suffices to continue effectiveness of financing statement.

4-9-807. Amendment of pre-effective-date financing statement.

4-9-808. Person entitled to file initial financing statement or continuation statement.

4-9-809. Priority.

PART 1

GENERAL PROVISIONS