If a security certificate has been lost, apparently destroyed, or wrongfully taken, and the owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification, the owner may not assert against the issuer a claim for registering the transfer under section 4-8-404 or a claim to a new security certificate under section 4-8-405.
Source: L. 96: Entire article R&RE, p. 227, § 2, effective July 1.
Editor's note: This section is similar to former § 4-8-405 as it existed prior to 1996.
An owner who fails to notify the issuer within a reasonable time after the owner knows or has reason to know of the loss or theft of a security certificate is estopped from asserting the ineffectiveness of a forged or unauthorized indorsement and the wrongfulness of the registration of the transfer. If the lost certificate was indorsed by the owner, then the registration of the transfer was not wrongful under Section 8-404, unless the owner made an effective demand that the issuer not register transfer under Section 8-403.
Definitional Cross References:
"Issuer". Section 8-201
"Notify". Section 1-201(25)
"Security certificate". Section 8-102(a)(16)
Structure Colorado Code
Title 4 - Uniform Commercial Code
Article 8 - Investment Securities
§ 4-8-401. Duty of Issuer to Register Transfer
§ 4-8-402. Assurance That Indorsement or Instruction Is Effective
§ 4-8-403. Demand That Issuer Not Register Transfer
§ 4-8-404. Wrongful Registration
§ 4-8-405. Replacement of Lost, Destroyed, or Wrongfully Taken Security Certificate
§ 4-8-406. Obligation to Notify Issuer of Lost, Destroyed, or Wrongfully Taken Security Certificate
§ 4-8-407. Authenticating Trustee, Transfer Agent, and Registrar