Colo. Rev. Stat. § 4-9-108

Current through 11/5/2024 election
Section 4-9-108 - Sufficiency of description
(a) Except as otherwise provided in subsections (c), (d), (e), and (f) of this section, a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described.
(b) Except as otherwise provided in subsection (d) of this section, a description of collateral reasonably identifies the collateral if it identifies the collateral by:
(1) Specific listing;
(2) Category, including a category determined by use of a numerical or other code included in forms and formats adopted from time to time by the secretary of state;
(3) Except as otherwise provided in subsection (e) of this section, a type of collateral defined in this title;
(4) Quantity;
(5) Computational or allocational formula or procedure; or
(6) Except as otherwise provided in subsection (c) of this section, any other method, if the identity of the collateral is objectively determinable.
(c) A description of collateral as "all the debtor's assets" or "all the debtor's personal property" or using words of similar import does not reasonably identify the collateral.
(d) Except as otherwise provided in subsection (e) of this section, a description of a security entitlement, securities account, or commodity account is sufficient if it describes:
(1) The collateral by those terms or as investment property; or
(2) The underlying financial asset or commodity contract.
(e) A description only by type of collateral defined in this title is an insufficient description of:
(1) A commercial tort claim;
(2) In a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account; or
(3) A deposit account.
(f) Any description in the security agreement of personal property that includes consumer goods is sufficient as to the consumer goods only if it specifically identifies and itemizes such consumer goods.

C.R.S. § 4-9-108

L. 2001: Entire article R&RE, p. 1330, § 1, effective July 1.

(1) The provisions of this section are similar to former §§ 4-9-110 and 4 - 9-115 (3) as they existed prior to 2001.

(2) Colorado legislative change: Colorado added the phrase "including a category determined by use of a numerical or other code included in forms and formats adopted from time to time by the secretary of state;" in subsection (b)(2), added a new paragraph (3) to subsection (e), and added a new subsection (f).