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

Colo. Rev. Stat. § 4-9-401 (2026)

Alienability of debtor's rights

✓ current as of July 2026
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(a) Except as otherwise provided in subsection (b) of this section and sections 4-9-406, 4-9-407, 4-9-408, and 4-9-409, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article.

(b) An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect.

(c) This section shall not be construed as being inconsistent with criminal sanctions now or hereafter applicable to transactions involving collateral or as justifying any transfer that would otherwise be a violation of law.

Source: L. 2001: Entire article R&RE, p. 1371, § 1, effective July 1.

Editor's note: (1) This section is similar to former § 4-9-311 as it existed prior to 2001.

(2) Colorado legislative change: Colorado added subsection (c).

Notes of Decisions
Cited in 11 cases, 1980–1992 · leading case: Ninth Dist. Prod. Credit Ass'n v. Ed Duggan, Inc., 821 P.2d 788 (Colo. 1991).
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Ninth Dist. Prod. Credit Ass'n v. Ed Duggan, Inc., 821 P.2d 788 (Colo. 1991). · cites it 2× “See § 4-9-401, and official comment. The UCC priority system thus reflects the legislative judgment that the value of a predictable system of priorities ordinarily outweighs the disadvantage of the system's occasional inequities.”
Bank of Am. Nat'l Trust & Sav. Ass'n v. Denver Hotel Ass'n Ltd. P'ship, 830 P.2d 1138 (Colo. Ct. App. 1992). · cites it 4× “The Hotel argues that the proper perfection of such rights to hotel charges and income received from the rental of guest rooms must be accomplished pursuant to § 4-9-401, C.R.S., and that the Bank has failed to meet its burden of establishing any right to such personal property.”
Super 8 Motels, Inc. v. M. Vickers, Ltd. (In Re M. Vickers, Ltd.), 111 B.R. 332 (D. Colo. 1990). · cites it 2× “See Colo.Rev.Stat. § 4-9-401 (1974). Likewise, the description of Super 8’s security interest as “contract rights, accounts receivable and bank accounts” was sufficiently specific to give notice to other creditors of its interest.”
Nw. Mut. Life Ins. Co. v. First Interstate Bank of Denver, 703 P.2d 1314 (Colo. Ct. App. 1985). · cites it 2× “Furthermore, there is nothing in the evidence to indicate that the Bank’s alleged security agreement in crops was perfected through filing a financing statement in the proper county, nor was there evidence introduced as to when the Bank acquired its interest, or the purposes…”
Moffat Cnty. State Bank v. Producers Livestock Mktg. Ass'n, 598 F. Supp. 1562 (D. Colo. 1984). · cites it 2× “” Colo.Rev.Stat. §§ 4-9-401 and 402 (1984 Cum.”
Citicorp Person-To-Person Fin. Ctr., Inc. v. Fremont Nat'l Bank, 738 P.2d 29 (Colo. Ct. App. 1987). · cites it 4× “See § 4-9-401, C.R.S. Consequently, we hold that the Bank has a perfected Article 9 security interest in those proceeds.”
Alling v. Am. Tool & Grinding Co., Inc., 648 F. Supp. 1344 (D. Colo. 1986). · cites it 4× “According to Colo.Rev.Stat. §§ 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…”
Stevens v. Assocs. Fin. Servs., 24 B.R. 536 (Bankr.D. Colo. 1982). “§ 4-9-401 (1973, amended 1977). In re Carolyn Kaye Hanson, No.”
Golden Plains Credit Union v. Konkel, 759 P.2d 788 (Colo. Ct. App. 1988). · cites it 2× “Specifically, UCC § 9-401 (§ 4-9-401, C.R.S.; Kan.Stat.Ann. § 84-9-401) sets forth the rules to determine, in the first instance, the appropriate office within a state where a creditor must file a financing statement in order to perfect a security interest.”
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× “More importantly, the purposes of the Code could be badly abused. The Code was designed to provide a simple public explanation of claimed security interests so that the public might know under what conditions they were dealing with a debtor.”
Heinrichsdorff v. Raat, 655 P.2d 860 (Colo. Ct. App. 1982). · cites it 2× “” This security agreement had been perfected on November 6, 1979, pursuant to § 4-9-401, C.R.S.1973. Raat subsequently defaulted on the loan.”
— Colo. Rev. Stat. § 4-9-401(a) — 1 case
Nw. Mut. Life Ins. Co. v. First Interstate Bank of Denver, 703 P.2d 1314 (Colo. Ct. App. 1985). “Furthermore, there is nothing in the evidence to indicate that the Bank’s alleged security agreement in crops was perfected through filing a financing statement in the proper county, nor was there evidence introduced as to when the Bank acquired its interest, or the purposes…”
— Colo. Rev. Stat. § 4-9-401(l)(a) — 1 case
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). “More importantly, the purposes of the Code could be badly abused. The Code was designed to provide a simple public explanation of claimed security interests so that the public might know under what conditions they were dealing with a debtor.”
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