Colo. Rev. Stat. § 4-9-509
Persons entitled to file a record.
Effective Aug 7, 2023L. 2001: Entire article R&RE, p. 1383, § 1, effective July 1. L. 2023: (a)(1) and IP(b) amended, (SB 23-090), ch. 136, p. 559, § 74, effective August 7.
- (a) A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:
- (1) The debtor authorizes the filing in a signed record or pursuant to subsection (b) or (c) of this section; or
- (2) The person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
- (b) By signing or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
- (1) The collateral described in the security agreement; and
- (2) Property that becomes collateral under section 4-9-315 (a)(2), whether or not the security agreement expressly covers proceeds.
- (c) By acquiring collateral in which a security interest or agricultural lien continues under section 4-9-315 (a)(1), a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under section 4-9-315 (a)(2).
- (d) A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
- (1) The secured party of record authorizes the filing; or
- (2) The amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by section 4-9-513 (a) or (c), the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed.
- (e) If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection (d) of this section.
Source: L. 2001: Entire article R&RE, p. 1383, § 1, effective July 1. L. 2023: (a)(1) and IP(b) amended, (SB 23-090), ch. 136, p. 559, § 74, effective August 7.
Editor's note - Colorado legislative change: Colorado added the phrase or pursuant to subsection (b) or (c) of this section to subsection (a)(1).