Colorado § 4-9.5-108 - Filings generally.

§ 4-9.5-108. Filings generally.

(1) 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:

(a) 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 document that contains all of the information in the record. The central filing officer may require that the record be delivered by any one or more means or on or in any one or more media as may be acceptable to the central filing officer. The central filing officer is not required to accept for filing a record that is not delivered by a means and in a medium that complies with the requirements then established by the central filing officer for the delivery and filing of records. If the central filing officer permits a record to be delivered on paper, the record shall be typewritten or machine printed, and the central filing officer may impose reasonable requirements upon the dimensions, legibility, quality and color of such paper, and typewriting or printing. If the delivery of a record subject to this article for filing is required or permitted to be accomplished electronically, then the central filing officer may prescribe the format and other attributes of the record and may refuse to permit such record to be accompanied by any physical document.

(b) Be in the English language;

(c) Include any form or cover sheet, or both, required pursuant to section 4-9.5-108.5;

(d) Be delivered to the central filing officer for filing; and

(e) Be accompanied by all required fees.

(2) A record filed pursuant to this article shall not constitute notice for purposes of section 38-35-109, C.R.S.

(3) Any continuation, termination, amendment, or assignment of an effective financing statement shall be signed, authorized, or otherwise authenticated by the secured party, and, in the case of an amendment that adds collateral or adds an additional debtor, by the affected debtor or debtors. If such filing is made by electronic transmission, it shall be signed electronically, pursuant to section 24-71-101, C.R.S.

(4) The provisions of part 5 of article 9 of this title regarding the filing of records shall apply to the filing of records under this article to the extent not inconsistent therewith.

Source: L. 88: Entire article added, p. 331, § 1, effective May 29. L. 94: Entire section amended, p. 1554, § 6, effective July 1. L. 95: Entire section amended, p. 1140, § 14, effective July 1, 1996. L. 96: (1) amended, p. 1386, § 8, effective July 1. L. 97: (3) added, p. 551, § 11, effective April 24. L. 99: (1) amended, p. 749, § 18, effective January 1, 2000. L. 2001: (1) and (3) amended, p. 1431, § 10, effective July 1. L. 2003: (1) amended, p. 1672, § 5, effective July 1. L. 2004: (3) amended, p. 1173, § 4, effective July 1. L. 2006: Entire section amended, p. 1152, § 8, effective May 29, 2012.

Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006, provides that the act amending this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.