Colorado Revised Statutes

Colo. Rev. Stat. § 4-9-106 (2026)

Control of investment property

✓ current as of July 2026

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(a) A person has control of a certificated security, uncertificated security, or security entitlement as provided in section 4-8-106.

(b) A secured party has control of a commodity contract if:

(1) The secured party is the commodity intermediary with which the commodity contract is carried; or

(2) The commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer.

(c) A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account.

Source: L. 2001: Entire article R&RE, p. 1329, § 1, effective July 1.

Editor's note: The provisions of this section are similar to former §§ 4-9-115 (e) and 4- 8-106 as they existed prior to 2001.

Notes of Decisions

Cited in 8 cases, 1976–1994 · leading case: Rocky Mt. Ass'n of Credit Mgmt. v. Hessler Mfg. Co., 553 P.2d 840 (Colo. Ct. App. 1976).

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Rocky Mt. Ass'n of Credit Mgmt. v. Hessler Mfg. Co., 553 P.2d 840 (Colo. Ct. App. 1976). · cites it 3× “" Section 4-9-106, C.R.S.1973. Wood Bros.' obligation to Hessler was included within this definition; hence, First Commercial's rights, as the holder of a security interest in Hessler's accounts receivable, are governed by the Code.”

Bd. OF CTY. COM'RS, ETC. v. Berkeley Vill., 580 P.2d 1251 (Colo. Ct. App. 1978). · cites it 2× “That section provides, "This article does not apply: .”

Super 8 Motels, Inc. v. M. Vickers, Ltd. (In Re M. Vickers, Ltd.), 111 B.R. 332 (D. Colo. 1990). · cites it 2× “…payment for goods sold or leased or for services rendered which is not evidenced by an instrument or chattel paper." Colo.Rev.Stat. § 4-9-106 (Supp.1989).”

Bowlen v. Fed. Deposit Ins. Corp., 815 P.2d 1013 (Colo. Ct. App. 1991). · cites it 2× “In Weld Colorado Bank , this court determined that a security interest could not attach in accounts receivable of a debtor if the debtor did not have a “right to payment” in the accounts as defined under § 4-9-106, C.R.S. In Weld Colorado Bank , the subcontractor, in whose…”

Weld Colorado Bank v. E & E Constr., Inc., 653 P.2d 758 (Colo. Ct. App. 1982). · cites it 3× “Section 4-9-106, C.R.S.1973 (1981 Cum. Supp.”

First Com. Corp. v. First Nat'l Bancorporation, Inc., 572 F. Supp. 1430 (D. Colo. 1983). “1973 §§ 4-9-106, 4-9-201. F.C.C. immediately perfected this security interest.”

Capitran Inc. v. Great W. Bank, 872 P.2d 1370 (Colo. Ct. App. 1994). · cites it 3× “” Section 4-9-106, C.R.S. (1992 Repl. Yol. 2).”

K. L. Smith Enter., Ltd. v. United Bank of Denver Nat'l Ass'n (In Re K. L. Smith Enter., Ltd.), 2 B.R. 280 (Bankr.D. Colo. 1980). · cites it 2× “The Court must conclude that the Bank has no security interest in the proceeds of either chickens or eggs, except to the extent such proceeds generated a prepetition “account” as defined in 1973 C.R.S. § 4-9-106 (1978 Supp.). The amount of prepetition accounts in which the Bank…”

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