A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:
Source: L. 2001: Entire article R&RE, p. 1381, § 1, effective July 1.
Editor's note: This section is similar to former § 4-9-402 (1) as it existed prior to 2001.
This section provides two safe harbors. Under paragraph (1), a "description" of the collateral (as the term is explained in Section 9-108) suffices as an indication for purposes of the sufficiency of a financing statement.
Debtors sometimes create a security interest in all, or substantially all, of their assets. To accommodate this practice, paragraph (2) expands the class of sufficient collateral references to embrace "an indication that the financing statement covers all assets or all personal property." If the property in question belongs to the debtor and is personal property, any searcher will know that the property is covered by the financing statement. Of course, regardless of its breadth, a financing statement has no effect with respect to property indicated but to which a security interest has not attached. Note that a broad statement of this kind (e.g., "all debtor's personal property") would not be a sufficient "description" for purposes of a security agreement. See Sections 9-203(b)(3)(A), 9-108. It follows that a somewhat narrower description than "all assets," e.g., "all assets other than automobiles," is sufficient for purposes of this section, even if it does not suffice for purposes of a security agreement.
Structure Colorado Code
Title 4 - Uniform Commercial Code
Article 9 - Secured Transactions
§ 4-9-503. Name of Debtor and Secured Party
§ 4-9-504. Indication of Collateral
§ 4-9-506. Effect of Errors or Omissions
§ 4-9-507. Effect of Certain Events on Effectiveness of Financing Statement
§ 4-9-508. Effectiveness of Financing Statement if New Debtor Becomes Bound by Security Agreement
§ 4-9-509. Persons Entitled to File a Record
§ 4-9-510. Effectiveness of Filed Record
§ 4-9-511. Secured Party of Record
§ 4-9-512. Amendment of Financing Statement
§ 4-9-513. Termination Statement
§ 4-9-514. Assignment of Powers of Secured Party of Record
§ 4-9-515. Duration and Effectiveness of Financing Statement - Effect of Lapsed Financing Statement
§ 4-9-516. What Constitutes Filing - Effectiveness of Filing
§ 4-9-517. Effect of Indexing Errors
§ 4-9-518. Claim Concerning Inaccurate or Wrongfully Filed Record
§ 4-9-520. Acceptance and Refusal to Accept Record
§ 4-9-521. Uniform Form of Written Financing Statement and Amendment
§ 4-9-522. Maintenance and Destruction of Records
§ 4-9-523. Information From Filing Office - Sale or License of Records
§ 4-9-524. Delay by Filing Office
§ 4-9-526. Filing-Office Rules