Source: L. 2001: Entire article R&RE, p. 1348, § 1, effective July 1. L. 2006: (b)(5) and (b)(8) amended, p. 501, § 38, effective September 1.
Editor's note: This section is similar to former § 4-9-302 as it existed prior to 2001.
Example 1: Buyer buys goods from Seller, who retains a security interest in them. After Seller perfects the security interest by filing, Seller assigns the perfected security interest to X. The security interest, in X's hands and without further steps on X's part, continues perfected against Buyer's transferees and creditors.
Example 2: Dealer creates a security interest in specific equipment in favor of Lender. After Lender perfects the security interest in the equipment by filing, Lender assigns the chattel paper (which includes the perfected security interest in Dealer's equipment) to X. The security interest in the equipment, in X's hands and without further steps on X's part, continues perfected against Dealer's transferees and creditors. However, regardless of whether Lender made the assignment to secure Lender's obligation to X or whether the assignment was an outright sale of the chattel paper, the assignment creates a security interest in the chattel paper in favor of X. Accordingly, X must take whatever steps may be required for perfection in order to be protected against Lender's transferees and creditors with respect to the chattel paper.
Subsection (c) applies not only to an assignment of a security interest perfected by filing but also to an assignment of a security interest perfected by a method other than by filing, such as by control or by possession. Although subsection (c) addresses explicitly only the absence of an additional filing requirement, the same result normally will follow in the case of an assignment of a security interest perfected by a method other than by filing. For example, as long as possession of collateral is maintained by an assignee or by the assignor or another person on behalf of the assignee, no further perfection steps need be taken on account of the assignment to continue perfection as against creditors and transferees of the original debtor. Of course, additional action may be required for perfection of the assignee's interest as against creditors and transferees of the assignor .
Similarly, subsection (c) applies to the assignment of a security interest perfected by compliance with a statute, regulation, or treaty under Section 9-311(b), such as a certificate-of-title statute. Unless the statute expressly provides to the contrary, the security interest will remain perfected against creditors of and transferees from the original debtor, even if the assignee takes no action to cause the certificate of title to reflect the assignment or to cause its name to appear on the certificate of title. See PEB Commentary No. 12, which discusses this issue under former Section 9-302(3). Compliance with the statute is "equivalent to filing" under Section 9-311(b).
Structure Colorado Code
Title 4 - Uniform Commercial Code
Article 9 - Secured Transactions
Part 3 - Perfection and Priority
§ 4-9-301. Law Governing Perfection and Priority of Security Interests
§ 4-9-302. Law Governing Perfection and Priority of Agricultural Liens
§ 4-9-304. Law Governing Perfection and Priority of Security Interests in Deposit Accounts
§ 4-9-305. Law Governing Perfection and Priority of Security Interests in Investment Property
§ 4-9-306. Law Governing Perfection and Priority of Security Interests in Letter-of-Credit Rights
§ 4-9-308. When Security Interest or Agricultural Lien Is Perfected - Continuity of Perfection
§ 4-9-309. Security Interest Perfected Upon Attachment
§ 4-9-313. When Possession by or Delivery to Secured Party Perfects Security Interest Without Filing
§ 4-9-314. Perfection by Control
§ 4-9-315. Secured Party's Rights on Disposition of Collateral and in Proceeds
§ 4-9-316. Effect of Change in Governing Law
§ 4-9-317. Interests That Take Priority Over or Take Free of Security Interest or Agricultural Lien
§ 4-9-319. Rights and Title of Consignee With Respect to Creditors and Purchasers
§ 4-9-321. Licensee of General Intangible and Lessee of Goods in Ordinary Course of Business
§ 4-9-324. Priority of Purchase-Money Security Interests
§ 4-9-325. Priority of Security Interests in Transferred Collateral
§ 4-9-326. Priority of Security Interests Created by New Debtor
§ 4-9-327. Priority of Security Interests in Deposit Account
§ 4-9-328. Priority of Security Interests in Investment Property
§ 4-9-329. Priority of Security Interests in Letter-of-Credit Right
§ 4-9-330. Priority of Purchaser of Chattel Paper or Instrument
§ 4-9-332. Transfer of Money - Transfer of Funds From Deposit Account
§ 4-9-333. Priority of Certain Liens Arising by Operation of Law
§ 4-9-334. Priority of Security Interests in Fixtures and Crops
§ 4-9-337. Priority of Security Interests in Goods Covered by Certificate of Title
§ 4-9-339. Priority Subject to Subordination
§ 4-9-340. Effectiveness of Right of Recoupment or Set-Off Against Deposit Account
§ 4-9-341. Bank's Rights and Duties With Respect to Deposit Account
§ 4-9-342. Bank's Right to Refuse to Enter Into or Disclose Existence of Control Agreement