A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within one year of its making.
Source: L. 96: Entire article R&RE, p. 215, § 2, effective July 1.
Editor's note: This section is similar to former § 4-8-319 as it existed prior to 1996.
This section provides that the statute of frauds does not apply to contracts for the sale of securities, reversing prior law which had a special statute of frauds in Section 8-319 (1978). With the increasing use of electronic means of communication, the statute of frauds is unsuited to the realities of the securities business. For securities transactions, whatever benefits a statute of frauds may play in filtering out fraudulent claims are outweighed by the obstacles it places in the development of modern commercial practices in the securities business.
Definitional Cross References:
"Action". Section 1-201(1)
"Contract". Section 1-201(11)
"Writing". Section 1-201(46)
Structure Colorado Code
Title 4 - Uniform Commercial Code
Article 8 - Investment Securities
Part 1 - Short Title and General Matters
§ 4-8-104. Acquisition of Security or Financial Asset or Interest Therein
§ 4-8-105. Notice of Adverse Claim
§ 4-8-107. Whether Indorsement, Instruction, or Entitlement Order Is Effective
§ 4-8-108. Warranties in Direct Holding
§ 4-8-109. Warranties in Indirect Holding
§ 4-8-110. Applicability - Choice of Law
§ 4-8-111. Clearing Corporation Rules
§ 4-8-112. Creditor's Legal Process
§ 4-8-113. Statute of Frauds Inapplicable
§ 4-8-114. Evidentiary Rules Concerning Certificated Securities
§ 4-8-115. Securities Intermediary and Others Not Liable to Adverse Claimant