(1) The collateral described in the security agreement; and
(2) Property that becomes collateral under section 4-9-315 (a)(2), whether or not the security agreement expressly covers proceeds.
(1) The secured party of record authorizes the filing; or
(2) The amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by section 4-9-513 (a) or (c), the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed.
Source: L. 2001: Entire article R&RE, p. 1383, § 1, effective July 1.
Editor's note - Colorado legislative change: Colorado added the phrase "or pursuant to subsection (b) or (c) of this section" to subsection (a)(1).
Example 1: Debtor authenticates a security agreement creating a security interest in Debtor's inventory in favor of Secured Party. Secured Party files a financing statement covering inventory and accounts. The financing statement is authorized insofar as it covers inventory and unauthorized insofar as it covers accounts. (Note, however, that the financing statement will be effective to perfect a security interest in accounts constituting proceeds of the inventory to the same extent as a financing statement covering only inventory.)
Example 2: Debtor authenticates a security agreement creating a security interest in Debtor's inventory in favor of Secured Party. Secured Party files a financing statement covering inventory. Debtor sells some inventory, deposits the buyer's payment into a deposit account, and withdraws the funds to purchase equipment. As long as the equipment can be traced to the inventory, the security interest continues in the equipment. See Section 9- 315(a)(2). However, because the equipment was acquired with cash proceeds, the financing statement becomes ineffective to perfect the security interest in the equipment on the 21st day after the security interest attaches to the equipment unless Secured Party continues perfection beyond the 20-day period by filing a financing statement against the equipment or amending the filed financing statement to cover equipment. See Section 9-315(d). Debtor's authentication of the security agreement authorizes the filing of an initial financing statement or amendment covering the equipment, which is "property that becomes collateral under Section 9-315(a)(2)." See Section 9-509(b)(2).
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