Colorado § 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.

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

(a) Except as otherwise provided in subsection (b) of this section and section 4-9-312 (b), a financing statement must be filed to perfect all security interests and agricultural liens.

(b) The filing of a financing statement is not necessary to perfect a security interest:

(1) That is perfected under section 4-9-308 (d), (e), (f), or (g);

(2) That is perfected under section 4-9-309 when it attaches;

(3) In property subject to a statute, regulation, or treaty described in section 4-9-311 (a);

(4) In goods in possession of a bailee which is perfected under section 4-9-312 (d)(1) or (2);

(5) In certificated securities, documents, goods, or instruments that is perfected without filing, control, or possession under section 4-9-312 (e), (f), or (g);

(6) In collateral in the secured party's possession under section 4-9-313;

(7) In a certificated security which is perfected by delivery of the security certificate to the secured party under section 4-9-313;

(8) In controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter-of-credit rights that is perfected by control under section 4-9-314;

(8.1) In chattel paper that is perfected by possession and control under section 4-9-314.5;

(9) In proceeds which is perfected under section 4-9-315; or

(10) That is perfected under section 4-9-316.

(c) If a secured party assigns a perfected security interest or agricultural lien, a filing under this article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.

Source: L. 2001: Entire article R&RE, p. 1348, § 1, effective July 1. L. 2006: (b)(5) and (b)(8) amended, p. 501, § 38, effective September 1. L. 2023: (b)(8) amended and (b)(8.1) added, (SB 23-090), ch. 136, p. 552, § 56, effective August 7.

Editor's note: This section is similar to former § 4-9-302 as it existed prior to 2001.

ANNOTATION

Law reviews. For article, "The Revolution in Consumer Credit Legislation", see 45 Den. L.J. 679 (1968). For comment on In re Lehner appearing below, see 48 Den. L.J. 146 (1971). For article, "Buyer-Secured Party Conflicts Under Section 9-307(1) of the Uniform Commercial Code", see 46 U. Colo. L. Rev. 333 (1974-75). For article, "Secured Transactions — Part I: Attachment, Perfection and Priorities", see 11 Colo. Law. 2939 (1982).

Annotator's note. Since § 4-9-310 is similar to § 4-9-302 as it existed prior to the 2001 repeal and reenactment of this article, relevant cases construing that provision have been included in the annotations to this section.

A financing statement must be filed to perfect all security interests, with some exceptions. In re Lehner, 303 F. Supp. 317 (D. Colo. 1969), aff'd per curiam and reh'g denied, 427 F.2d 357 (10th Cir. 1970).

Assignment of proceeds to be paid in condemnation proceeding is not perfected lien, entitled to priority, until a financing statement is filled pursuant to this section. Bd. of County Comm'rs v. Berkeley Vill., 40 Colo. App. 431, 580 P.2d 1251 (1978).

Because priority of perfected security interest in crops depends upon date of its filing, it will normally have priority under "first in time" rule over creditor's "rents and profits" clause in a deed of trust because there priority is determined by time of application for receivership. Application of Nw. Mut. Life Ins. Co., 703 P.2d 1314 (Colo. App. 1985).

Such as logging equipment. For security interests in logging equipment to be perfected, a financing statement must be properly filed. Mtn. Credit v. Michiana Lumber & Supply, Inc., 31 Colo. App. 112, 498 P.2d 967 (1972).

A security interest in general intangibles, including the settlement of a lawsuit, is perfected by filing a financing statement as provided by law, which gives the holder of the perfected security interest a superior interest as creditor in the settlement proceeds over a judgment creditor who becomes a lien creditor only when the writ of garnishment is served on the debtor. Bowlen v. Fed. Deposit Ins. Corp., 815 P.2d 1013 (Colo. App. 1991).

Applied in Welbourne Dev. Co. v. Affiliated Clearance Corp., 28 Colo. App. 313, 472 P.2d 684 (1970); Young v. Golden State Bank, 39 Colo. App. 45, 560 P.2d 855 (1977); Yeager Trucking v. Circle Leasing, 29 B.R. 131 (Bankr. D. Colo. 1983).