(1) Within one month after there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or
(2) If earlier, within twenty days after the secured party receives an authenticated demand from a debtor.
(1) Except in the case of a financing statement covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value;
(2) The financing statement covers accounts or chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation;
Source: L. 2001: Entire article R&RE, p. 1385, § 1, effective July 1.
Editor's note: (1) This section is similar to former § 4-9-404 as it existed prior to 2001.
(2) Colorado legislative change: Colorado added the last sentence of subsection (d).
Subsections (a) and (b) apply to a financing statement covering consumer goods. Subsection (c) applies to other financing statements. Subsection (a) and (c) each makes explicit what was implicit under former Article 9: If the debtor did not authorize the filing of a financing statement in the first place, the secured party of record should file or send a termination statement. The liability imposed upon a secured party that fails to comply with subsection (a) or (c) is identical to that imposed for the filing of an unauthorized financing statement or amendment. See Section 9-625(e).
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