A lien in favor of an issuer upon a certificated security is valid against a purchaser only if the right of the issuer to the lien is noted conspicuously on the security certificate.
Source: L. 96: Entire article R&RE, p. 219, § 2, effective July 1.
Editor's note: This section is similar to former § 4-8-103 as it existed prior to 1996.
This section is similar to Sections 8-202 and 8-204 which require that the terms of a certificated security and any restriction on transfer imposed by the issuer be noted on the security certificate. This section differs from those two sections in that the purchaser's knowledge of the issuer's claim is irrelevant. "Noted" makes clear that the text of the lien provisions need not be set forth in full. However, this would not override a provision of an applicable corporation code requiring statement in haec verba. This section does not apply to uncertificated securities. It applies to the indirect holding system in the same fashion as Sections 8-202 and 8-204, see Comment 2 to Section 8-202.
Definitional Cross References:
"Certificated security". Section 8-102(a)(4)
"Issuer". Section 8-201
"Purchaser". Sections 1-201(33) & 8-116
"Security". Section 8-102(a)(15)
"Security certificate". Section 8-102(a)(16)
Structure Colorado Code
Title 4 - Uniform Commercial Code
Article 8 - Investment Securities
§ 4-8-202. Issuer's Responsibility and Defenses - Notice of Defect or Defense
§ 4-8-203. Staleness as Notice of Defect or Defense
§ 4-8-204. Effect of Issuer's Restriction on Transfer
§ 4-8-205. Effect of Unauthorized Signature on Security Certificate
§ 4-8-206. Completion or Alteration of Security Certificate
§ 4-8-207. Rights and Duties of Issuer With Respect to Registered Owners
§ 4-8-208. Effect of Signature of Authenticating Trustee, Registrar, or Transfer Agent