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Colorado Revised Statutes

Colo. Rev. Stat. § 4-3-301 (2026)

Person entitled to enforce instrument

✓ current as of July 2026
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"Person entitled to enforce" an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to section 4-3-309 or 4-3-418 (d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.

Source: L. 94: Entire article R&RE, p. 853, § 1, effective January 1, 1995.

Editor's note: This section is similar to former § 4-3-301 as it existed prior to 1994.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1975–2021 · leading case: Citywide Banks v. Armijo, 313 P.3d 647 (Colo. Ct. App. 2011).
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Citywide Banks v. Armijo, 313 P.3d 647 (Colo. Ct. App. 2011). · cites it 4× “We thus proceed to consider Bank's contention that UCC section 4-3-301 required payment to be made to the Note holder rather than to Dakota.”
La Junta State Bank v. Travis, 727 P.2d 48 (Colo. 1986). · cites it 3× “Section 4-3-301 provides that a holder of an instrument, whether or not the owner thereof, may transfer or negotiate the instrument and, except in certain circumstances, may discharge it or enforce payment thereon.”
Vail Nat'l Bank v. Finkelman, 800 P.2d 1342 (Colo. Ct. App. 1990). · cites it 2× “A holder in due course is a holder who has taken the instrument for value, in good faith, and without notice that it is overdue, or has been dishonored, or of any defense against or claim to it on the part of any person. See § 4-3-302(1), C.”
Lamson v. Com. Credit Corp., 531 P.2d 966 (Colo. 1975). “Sections 4-3-301 and 4-3-307(2). There were numerous defenses available to the defendant under the Uniform Commercial Code.”
Pierce v. DeZeeuw, 824 P.2d 97 (Colo. Ct. App. 1991). · cites it 4× “And § 4-3-301, C.R.S., provides that: “The holder of an instrument .”
Pay Ctr., Inc. v. Milton, 632 P.2d 642 (Colo. Ct. App. 1981). · cites it 2× “, was not a holder under § 4-3-301 C.R.S. 1973, since the note had not been properly negotiated through endorsement and delivery under § 4-3-202, C.”
k v. Esperanza Architecture, 2021 COA 119 (Colo. Ct. App. 2021). · cites it 2× “” § 4-3-301, C.R.S. 2020. ¶ 13 We review de novo whether a loan document is a negotiable instrument.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.