Colorado Revised Statutes

Colo. Rev. Stat. § 4-9-302 (2026)

Law governing perfection and priority of agricultural liens

✓ current as of July 2026

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While farm products are located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of an agricultural lien on the farm products.

Source: L. 2001: Entire article R&RE, p. 1342, § 1, effective July 1.

4-9-303. Law governing perfection and priority of security interests in goods covered by a certificate of title. (a) This section applies to goods covered by a certificate of title, even if there is no other relationship between the jurisdiction under whose certificate of title the goods are covered and the goods or the debtor.

(b) Goods become covered by a certificate of title when a valid application for the certificate of title and the applicable fee are delivered to the appropriate authority. Goods cease to be covered by a certificate of title at the earlier of the time the certificate of title ceases to be effective under the law of the issuing jurisdiction or the time the goods become covered subsequently by a certificate of title issued by another jurisdiction.

(c) The local law of the jurisdiction under whose certificate of title the goods are covered governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in goods covered by a certificate of title from the time the goods become covered by the certificate of title until the goods cease to be covered by the certificate of title.

Source: L. 2001: Entire article R&RE, p. 1342, § 1, effective July 1.

Editor's note: This section is similar to former § 4-9-103 as it existed prior to 2001.

4-9-304. Law governing perfection and priority of security interests in deposit accounts. (a) The local law of a bank's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a deposit account maintained with that bank even if the transaction does not bear any relation to the bank's jurisdiction.

(b) The following rules determine a bank's jurisdiction for purposes of this part 3:

(1) If an agreement between the bank and its customer governing the deposit account expressly provides that a particular jurisdiction is the bank's jurisdiction for purposes of this part 3, this article, or this title, that jurisdiction is the bank's jurisdiction.

(2) If paragraph (1) of this subsection (b) does not apply and an agreement between the bank and its customer governing the deposit account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the bank's jurisdiction.

(3) If neither paragraph (1) nor paragraph (2) of this subsection (b) applies and an agreement between the bank and its customer governing the deposit account expressly provides that the deposit account is maintained at an office in a particular jurisdiction, that jurisdiction is the bank's jurisdiction.

(4) If none of paragraphs (1), (2), and (3) of this subsection (b) applies, the bank's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the customer's account is located.

(5) If none of paragraphs (1), (2), (3), and (4) of this subsection (b) applies, the bank's jurisdiction is the jurisdiction in which the chief executive office of the bank is located.

Source: L. 2001: Entire article R&RE, p. 1343, § 1, effective July 1. L. 2002: (b)(1) amended, p. 938, § 3, effective August 7. L. 2023: (a) amended, (SB 23-090), ch. 136, p. 550, § 53, effective August 7.

4-9-305. Law governing perfection and priority of security interests in investment property. (a) Except as otherwise provided in subsection (c) of this section, the following rules apply:

(1) While a security certificate is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby.

(2) The local law of the issuer's jurisdiction as specified in section 4-8-110 (d) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security.

(3) The local law of the securities intermediary's jurisdiction as specified in section 4-8- 110 (e) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account.

(4) The local law of the commodity intermediary's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account.

(5) Subsections (a)(2), (a)(3), and (a)(4) of this section apply even if the transaction does not bear any relation to the jurisdiction.

(b) The following rules determine a commodity intermediary's jurisdiction for purposes of this part 3:

(1) If an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary's jurisdiction for purposes of this part 3, this article, or this title, that jurisdiction is the commodity intermediary's jurisdiction.

(2) If paragraph (1) of this subsection (b) does not apply and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary's jurisdiction.

(3) If neither paragraph (1) nor paragraph (2) of this subsection (b) applies and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediary's jurisdiction.

(4) If none of paragraphs (1), (2), and (3) of this subsection (b) applies, the commodity intermediary's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customer's account is located.

(5) If none of paragraphs (1), (2), (3), and (4) of this subsection (b) applies, the commodity intermediary's jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located.

(1) Perfection of a security interest in investment property by filing;

(2) Automatic perfection of a security interest in investment property created by a broker or securities intermediary; and

(3) Automatic perfection of a security interest in a commodity contract or commodity account created by a commodity intermediary.

Source: L. 2001: Entire article R&RE, p. 1343, § 1, effective July 1. L. 2023: (a)(5) added, (SB 23-090), ch. 136, p. 550, § 54, effective August 7.

Editor's note: This section is similar to former § 4-9-103 (6) as it existed prior to 2001.

4-9-306. Law governing perfection and priority of security interests in letter-of- credit rights. (a) Subject to subsection (c) of this section, the local law of the issuer's jurisdiction or a nominated person's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a letter-of-credit right if the issuer's jurisdiction or nominated person's jurisdiction is a state.

(b) For purposes of this part 3, an issuer's jurisdiction or nominated person's jurisdiction is the jurisdiction whose law governs the liability of the issuer or nominated person with respect to the letter-of-credit right as provided in section 4-5-116.

Source: L. 2001: Entire article R&RE, p. 1344, § 1, effective July 1.

4-9-306.5. Law governing perfection and priority of security interests in chattel paper. (a) Except as provided in subsection (d) of this section, if chattel paper is evidenced only by an authoritative electronic copy of the chattel paper or is evidenced by an authoritative electronic copy and an authoritative tangible copy, the local law of the chattel paper's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the chattel paper, even if the transaction does not bear any relation to the chattel paper's jurisdiction.

(b) The following rules determine the chattel paper's jurisdiction under this section:

(1) If the authoritative electronic copy of the record evidencing chattel paper, or a record attached to or logically associated with the electronic copy and readily available for review, expressly provides that a particular jurisdiction is the chattel paper's jurisdiction for purposes of this part 3, this article 9, or this title 4, that jurisdiction is the chattel paper's jurisdiction.

(2) If subsection (b)(1) of this section does not apply and the rules of the system in which the authoritative electronic copy is recorded are readily available for review and expressly provide that a particular jurisdiction is the chattel paper's jurisdiction for purposes of this part 3, this article 9, or this title 4, that jurisdiction is the chattel paper's jurisdiction.

(3) If subsections (b)(1) and (b)(2) of this section do not apply and the authoritative electronic copy, or a record attached to or logically associated with the electronic copy and readily available for review, expressly provides that the chattel paper is governed by the law of a particular jurisdiction, that jurisdiction is the chattel paper's jurisdiction.

(4) If subsections (b)(1), (b)(2), and (b)(3) of this section do not apply and the rules of the system in which the authoritative electronic copy is recorded are readily available for review and expressly provide that the chattel paper or the system is governed by the law of a particular jurisdiction, that jurisdiction is the chattel paper's jurisdiction.

(5) If subsections (b)(1) to (b)(4) of this section do not apply, the chattel paper's jurisdiction is the jurisdiction in which the debtor is located.

(c) If an authoritative tangible copy of a record evidences chattel paper and the chattel paper is not evidenced by an authoritative electronic copy, while the authoritative tangible copy of the record evidencing chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:

(1) Perfection of a security interest in the chattel paper by possession under section 4-9- 314.5; and

(2) The effect of perfection or nonperfection and the priority of a security interest in the chattel paper.

(d) The local law of the jurisdiction in which the debtor is located governs perfection of a security interest in chattel paper by filing. Source: L. 2023: Entire section added, (SB 23-090), ch. 136, p. 550, § 55, effective August 7.

4-9-306.7. Law governing perfection and priority of security interests in controllable accounts, controllable electronic records, and controllable payment intangibles. (a) Except as provided in subsection (b) of this section, the local law of the controllable electronic record's jurisdiction specified in section 4-12-107 (c) and (d) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a controllable electronic record and a security interest in a controllable account or controllable payment intangible evidenced by the controllable electronic record.

(b) The local law of the jurisdiction in which the debtor is located governs:

(1) Perfection of a security interest in a controllable account, controllable electronic record, or controllable payment intangible by filing; and

(2) Automatic perfection of a security interest in a controllable payment intangible created by a sale of the controllable payment intangible.

Source: L. 2023: Entire section added, (SB 23-090), ch. 136, p. 550, § 55, effective August 7.

Notes of Decisions

Cited in 9 cases, 1978–1997 · leading case: Bd. OF CTY. COM'RS, ETC. v. Berkeley Vill., 580 P.2d 1251 (Colo. Ct. App. 1978).

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Bd. OF CTY. COM'RS, ETC. v. Berkeley Vill., 580 P.2d 1251 (Colo. Ct. App. 1978). · cites it 5× “The following pertinent sections of the Code dictate the order of priorities among these claimants asserting rights under assignments of the proceeds: Section 4-9-302(1), C.”

Yeager Trucking v. Circle Leasing of Colorado Corp. (In Re Yeager Trucking), 29 B.R. 131 (Bankr.D. Colo. 1983). · cites it 5× “Thus, plaintiff asserts that the lien is not perfected under 1973 C.R.S. 4-9-302 and should be avoided pursuant to § 544(a) of the Bankruptcy Code.”

Bowlen v. Fed. Deposit Ins. Corp., 815 P.2d 1013 (Colo. Ct. App. 1991). · cites it 3× “Section 4-9-302, C.R.S. Here, Chancery filed a financing statement with the Secretary of State of Colorado on May 30, 1989, thereby perfecting its security interest as of that date.”

Nw. Mut. Life Ins. Co. v. First Interstate Bank of Denver, 703 P.2d 1314 (Colo. Ct. App. 1985). · cites it 2× “2d 684 (1970); § 4-9-302, C.R.S. A creditor’s rights to rents and profits under a deed of trust, however, do not accrue until after the creditor has foreclosed and taken a substantial step, such as requesting the appointment of a receiver, toward acquiring possession of the…”

Coop. Fin. Ass'n v. B & J Cattle Co., 937 P.2d 915 (Colo. Ct. App. 1997). · cites it 3× “Section 4-9-302, C.R.S. (1992 ReplVol. 2).”

Beneficial Fin. Co. of Colorado v. Schmuhl, 713 P.2d 1294 (Colo. 1986). · cites it 2× “The lien on the mobile home was properly perfected by notation on the certificate of title as required by sections 4-9-302(3)(b), 2 C.R.S. (1985 Supp.”

Alling v. Am. Tool & Grinding Co., Inc., 648 F. Supp. 1344 (D. Colo. 1986). · cites it 2× “§§ 4-9-401, 4-9-402, “filing” may be accomplished simply by submitting a financing statement containing, inter alia, the signature of the debtor, an address of the secured party from which information concerning the collateral can be obtained, mailing address of the debtor, and…”

Davis Bros., Inc. v. United Bank of Littleton, 701 P.2d 642 (Colo. Ct. App. 1985). · cites it 2× “See § 4-9-302, C.R.S. Second, the holder of a conflicting security interest who has filed a financing statement covering the same types of inventory prior to the filing by the purchase money secured party must be given notification in writing that “the person giving the notice…”

Wabeke v. Silver & Hayes, P.C., 815 F. Supp. 384 (D. Colo. 1993). · cites it 2× “Judge Borchers concluded that there was no legal basis on which Denver Place could successfully pursue its claim for the money in the deposit account held by the Bank because Denver Place never perfected its security interest as required by Colo.Rev. Stat. § 4-9-302, Denver…”

— Colo. Rev. Stat. § 4-9-302(1) — 2 cases

Bd. OF CTY. COM'RS, ETC. v. Berkeley Vill., 580 P.2d 1251 (Colo. Ct. App. 1978). “The following pertinent sections of the Code dictate the order of priorities among these claimants asserting rights under assignments of the proceeds: Section 4-9-302(1), C.”

Yeager Trucking v. Circle Leasing of Colorado Corp. (In Re Yeager Trucking), 29 B.R. 131 (Bankr.D. Colo. 1983). “Thus, plaintiff asserts that the lien is not perfected under 1973 C.R.S. 4-9-302 and should be avoided pursuant to § 544(a) of the Bankruptcy Code.”

— Colo. Rev. Stat. § 4-9-302(3)(b) — 2 cases

Beneficial Fin. Co. of Colorado v. Schmuhl, 713 P.2d 1294 (Colo. 1986). “The lien on the mobile home was properly perfected by notation on the certificate of title as required by sections 4-9-302(3)(b), 2 C.R.S. (1985 Supp.”

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