Colorado Code
Part 5 - Filing
§ 4-9-516. What Constitutes Filing - Effectiveness of Filing






(C) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual that was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's surname; or
(D) In the case of a record filed or recorded in the filing office described in section 4-9-501 (a)(1), the record does not provide a sufficient description of the real property to which it relates;











(1) A record does not provide information if the filing office is unable to read or decipher the information; and
(2) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by section 4-9-512, 4-9-514, or 4-9-518, is an initial financing statement.


Source: L. 2001: Entire article R&RE, p. 1387, § 1, effective July 1. L. 2012: IP(b)(3)(B), (b)(3)(C), IP(b)(5), (b)(5)(A), and (b)(5)(B) amended and (b)(5)(C) repealed, (HB 12-1262), ch. 170, p. 602, § 13, effective July 1, 2013.









A financing statement or other record that is communicated to the filing office but which the filing office refuses to accept provides no public notice, regardless of the reason for the rejection. However, this section distinguishes between records that the filing office rightfully rejects and those that it wrongfully rejects. A filer is able to prevent a rightful rejection by complying with the requirements of subsection (b). No purpose is served by giving effect to records that justifiably never find their way into the system, and subsection (b) so provides.
Subsection (d) deals with the filing office's unjustified refusal to accept a record. Here, the filer is in no position to prevent the rejection and as a general matter should not be prejudiced by it. Although wrongfully rejected records generally are effective, subsection (d) contains a special rule to protect a third-party purchaser of the collateral (e.g., a buyer or competing secured party) who gives value in reliance upon the apparent absence of the record from the files. As against a person who searches the public record and reasonably relies on what the public record shows, subsection (d) imposes upon the filer the risk that a record failed to make its way into the filing system because of the filing office's wrongful rejection of it. (Compare Section 9-517, under which a mis-indexed financing statement is fully effective.) This risk is likely to be small, particularly when a record is presented electronically, and the filer can guard against this risk by conducting a post-filing search of the records. Moreover, Section 9-520(b) requires the filing office to give prompt notice of its refusal to accept a record for filing.

Structure Colorado Code

Colorado Code

Title 4 - Uniform Commercial Code

Article 9 - Secured Transactions

Part 5 - Filing

§ 4-9-501. Filing Office

§ 4-9-502. Contents of Financing Statement - Record of Mortgage as Financing Statement - Time of Filing Financing Statement

§ 4-9-503. Name of Debtor and Secured Party

§ 4-9-504. Indication of Collateral

§ 4-9-505. Filing and Compliance With Other Statutes and Treaties for Consignments, Leases, Other Bailments, and Other Transactions

§ 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

§ 4-9-519. Numbering, Maintaining, and Indexing Records - Communicating Information Provided in Records

§ 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

§ 4-9-525. Fees

§ 4-9-526. Filing-Office Rules

§ 4-9-528. Refiling Required

§ 4-9-529. Electronic and Other Filings

§ 4-9-531. Removal of Social Security Numbers From Financing Statements in the Custody of the Secretary of State