Colo. Rev. Stat. » Title 4
Colorado Revised Statutes

Colo. Rev. Stat. § 4-9-104 (2026)

Control of deposit account

✓ current as of July 2026
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(a) A secured party has control of a deposit account if: (1) The secured party is the bank with which the deposit account is maintained; (2) The debtor, secured party, and bank have agreed in a signed record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor; (3) The secured party becomes the bank's customer with respect to the deposit account; or (4) Another person, other than the debtor: (A) Has control of the deposit account and acknowledges that it has control on behalf of the secured party; or (B) Obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party. (b) A secured party that has satisfied subsection (a) of this section has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.

Source: L. 2001: Entire article R&RE, p. 1328, § 1, effective July 1. L. 2023: (a)(2) and (a)(3) amended and (a)(4) added, (SB 23-090), ch. 136, p. 544, § 43, effective August 7.

Notes of Decisions
Cited in 14 cases, 1976–2004 · leading case: Bd. OF CTY. COM'RS, ETC. v. Berkeley Vill., 580 P.2d 1251 (Colo. Ct. App. 1978).
Sort: Relevance Newest Treatment
Bd. OF CTY. COM'RS, ETC. v. Berkeley Vill., 580 P.2d 1251 (Colo. Ct. App. 1978). · cites it 4× “Since, according to § 4-9-104(c), C.R.S.1973, the secured transactions article of the Uniform Commercial Code does not apply "[t]o a lien given by statute or other rule of law for services," the attorney's lien here, in contrast to the other security interests, is not governed…”
Super 8 Motels, Inc. v. M. Vickers, Ltd. (In Re M. Vickers, Ltd.), 111 B.R. 332 (D. Colo. 1990). · cites it 4× “Hence, “if the money in the account represents an interest in real estate, in the form of rents, then any security interest in the funds under Article 9 of the Colorado Commercial Code (U.”
Colorado Nat'l Bank-Boulder v. Zerobnick & Sander, P.C., 768 P.2d 1276 (Colo. Ct. App. 1989). · cites it 4× “Section 4-9-104(c), C.R.S., provides that the Uniform Commercial Code is inapplicable to a lien for services, including an attorney’s lien.”
Jackson Cnty. Fed. Sav. & Loan Ass'n v. Maduff Mortg. Corp., 608 F. Supp. 588 (D. Colo. 1985). · cites it 4× “6 JCF also advances the theory that Article 9 by the terms of Colo. Rev.Stat. § 4-9-104(j) (Cum.Supp.1984), cannot apply to the creation of any interest in the Aspenridge deed of trust because it is an interest in real estate.”
Bowlen v. Fed. Deposit Ins. Corp., 815 P.2d 1013 (Colo. Ct. App. 1991). · cites it 3× “Bowlen also contends that the Landon-Chancery transaction is excluded from Article 9 of the Uniform Commercial Code, as a matter of law, because it is “a transfer by a governmental subdivision or agency” under § 4-9-104(e), C.R.S. (1990 Cum. Supp.). We disagree.”
In Re Printcrafters, Inc., 208 B.R. 968 (Bankr.D. Colo. 1997). · cites it 2× “Colo. Rev.Stat. § 4-9-104(c) Because Colorado already provides for a statutory, attorney’s lien, a U.”
In Re Schafer, 315 B.R. 765 (Bankr.D. Colo. 2004). · cites it 2× “Colo. Rev. Stat. § 4-9-104 (a)(l). “Bank” is defined as an organization engaged in the business of banking, including credit unions.”
Citicorp Person-To-Person Fin. Ctr., Inc. v. Fremont Nat'l Bank, 738 P.2d 29 (Colo. Ct. App. 1987). · cites it 4× “As authority for this proposition it relies on § 4-9-104(j), C.R.S., which excludes "the creation or transfer of an interest in or lien on real estate, including a lease or rents thereunder" from application of the Uniform Commercial Code.”
Fort Collins Prod. Credit Ass'n v. Carroll Dairy, 553 P.2d 95 (Colo. Ct. App. 1976). · cites it 2× “" Section 4-9-104(j), C. R.S.1973. SECURITY INTEREST IN "PROCEEDS" The court awarded to the Association monies owed to the Carrolls for milk production for August and part of September 1974, as well as funds resulting from milk production but held by the Mountain Empire…”
Wiley v. Bank of Fountain Valley, 632 P.2d 282 (Colo. Ct. App. 1981). “Real property collateral is explicitly excluded from Article 9 coverage, § 4-9-104(j), C.R. S.1973, and Colorado’s foreclosure statutes provide greater protection for debtors than is provided under Article 9 of the Uniform Commercial Code.”
In Re Weninger, 119 B.R. 238 (Bankr.D. Colo. 1990). · cites it 2× “It is also apparent that World Savings parted with money. The only remaining issue involves whether or not World Savings’ interest had become protected under Colorado law before the IRS’ lien attached.”
Stutz, Dyer, Miller & Delap v. Snodgrass (In Re Marlin Oil Co.), 67 B.R. 284 (Bankr.D. Colo. 1986). · cites it 2× “However, under § 4-9-104 C.R.S.1973, the Uniform Commercial Code does not apply.”
Show all 14 citing cases →
— Colo. Rev. Stat. § 4-9-104(L) — 1 case
In Re Weninger, 119 B.R. 238 (Bankr.D. Colo. 1990). “It is also apparent that World Savings parted with money. The only remaining issue involves whether or not World Savings’ interest had become protected under Colorado law before the IRS’ lien attached.”
— Colo. Rev. Stat. § 4-9-104(c) — 4 cases
Colorado Nat'l Bank-Boulder v. Zerobnick & Sander, P.C., 768 P.2d 1276 (Colo. Ct. App. 1989). “Section 4-9-104(c), C.R.S., provides that the Uniform Commercial Code is inapplicable to a lien for services, including an attorney’s lien.”
Bd. OF CTY. COM'RS, ETC. v. Berkeley Vill., 580 P.2d 1251 (Colo. Ct. App. 1978). “Since, according to § 4-9-104(c), C.R.S.1973, the secured transactions article of the Uniform Commercial Code does not apply "[t]o a lien given by statute or other rule of law for services," the attorney's lien here, in contrast to the other security interests, is not governed…”
In Re Printcrafters, Inc., 208 B.R. 968 (Bankr.D. Colo. 1997). “Colo. Rev.Stat. § 4-9-104(c) Because Colorado already provides for a statutory, attorney’s lien, a U.”
La Junta Prod. Credit Ass'n v. Schroder, 800 P.2d 1360 (Colo. Ct. App. 1990).
— Colo. Rev. Stat. § 4-9-104(e) — 1 case
Bowlen v. Fed. Deposit Ins. Corp., 815 P.2d 1013 (Colo. Ct. App. 1991). “Bowlen also contends that the Landon-Chancery transaction is excluded from Article 9 of the Uniform Commercial Code, as a matter of law, because it is “a transfer by a governmental subdivision or agency” under § 4-9-104(e), C.R.S. (1990 Cum. Supp.). We disagree.”
— Colo. Rev. Stat. § 4-9-104(h) — 1 case
Bd. OF CTY. COM'RS, ETC. v. Berkeley Vill., 580 P.2d 1251 (Colo. Ct. App. 1978). “Since, according to § 4-9-104(c), C.R.S.1973, the secured transactions article of the Uniform Commercial Code does not apply "[t]o a lien given by statute or other rule of law for services," the attorney's lien here, in contrast to the other security interests, is not governed…”
— Colo. Rev. Stat. § 4-9-104(j) — 6 cases
Super 8 Motels, Inc. v. M. Vickers, Ltd. (In Re M. Vickers, Ltd.), 111 B.R. 332 (D. Colo. 1990). “Hence, “if the money in the account represents an interest in real estate, in the form of rents, then any security interest in the funds under Article 9 of the Colorado Commercial Code (U.”
Jackson Cnty. Fed. Sav. & Loan Ass'n v. Maduff Mortg. Corp., 608 F. Supp. 588 (D. Colo. 1985). “6 JCF also advances the theory that Article 9 by the terms of Colo. Rev.Stat. § 4-9-104(j) (Cum.Supp.1984), cannot apply to the creation of any interest in the Aspenridge deed of trust because it is an interest in real estate.”
Citicorp Person-To-Person Fin. Ctr., Inc. v. Fremont Nat'l Bank, 738 P.2d 29 (Colo. Ct. App. 1987). “As authority for this proposition it relies on § 4-9-104(j), C.R.S., which excludes "the creation or transfer of an interest in or lien on real estate, including a lease or rents thereunder" from application of the Uniform Commercial Code.”
Fort Collins Prod. Credit Ass'n v. Carroll Dairy, 553 P.2d 95 (Colo. Ct. App. 1976). “" Section 4-9-104(j), C. R.S.1973. SECURITY INTEREST IN "PROCEEDS" The court awarded to the Association monies owed to the Carrolls for milk production for August and part of September 1974, as well as funds resulting from milk production but held by the Mountain Empire…”
Wiley v. Bank of Fountain Valley, 632 P.2d 282 (Colo. Ct. App. 1981). “Real property collateral is explicitly excluded from Article 9 coverage, § 4-9-104(j), C.R. S.1973, and Colorado’s foreclosure statutes provide greater protection for debtors than is provided under Article 9 of the Uniform Commercial Code.”
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.