Colo. Rev. Stat. § 4-12-104
Rights in controllable account, controllable electronic record, and controllable payment intangible.
Effective Aug 7, 2023L. 2023: Entire section added, (SB 23-090), ch. 136, p. 569, § 89, effective August 7.
- (a) This section applies to the acquisition and purchase of rights in a controllable account or controllable payment intangible, including the rights and benefits under subsections (c), (d), (e), (g), and (h) of this section of a purchaser and qualifying purchaser, in the same manner this section applies to a controllable electronic record.
- (b) To determine whether a purchaser of a controllable account or a controllable payment intangible is a qualifying purchaser, the purchaser obtains control of the account or payment intangible if it obtains control of the controllable electronic record that evidences the account or payment intangible.
- (c) Except as provided in this section, law other than this article 12 determines whether a person acquires a right in a controllable electronic record and the right the person acquires.
- (d) A purchaser of a controllable electronic record acquires all rights in the controllable electronic record that the transferor had or had power to transfer; except that a purchaser of a limited interest in a controllable electronic record acquires rights only to the extent of the interest purchased.
- (e) A qualifying purchaser acquires its rights in the controllable electronic record free of a claim of a property right in the controllable electronic record.
- (f) Except as provided in subsections (a) and (e) of this section for a controllable account and a controllable payment intangible or law other than this article 12, a qualifying purchaser takes a right to payment, right to performance, or other interest in property evidenced by the controllable electronic record subject to a claim of a property right in the right to payment, right to performance, or other interest in property.
- (g) An action may not be asserted against a qualifying purchaser based on both a purchase by the qualifying purchaser of a controllable electronic record and a claim of a property right in another controllable electronic record, whether the action is framed in conversion, replevin, constructive trust, equitable lien, or other theory.
- (h) Filing of a financing statement under article 9 of this title 4 is not notice of a claim of a property right in a controllable electronic record.
Source: L. 2023: Entire section added, (SB 23-090), ch. 136, p. 569, § 89, effective August 7.