Recording - duties of the county clerk and recorder - fee.

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(1) A signed and acknowledged designated beneficiary agreement shall be recorded with the county clerk and recorder in the county in which one of the parties resides. The designated beneficiary agreement shall be effective as of the date and time as received for recording by the county clerk and recorder. The county clerk and recorder shall assess a recording fee for recording the designated beneficiary agreement in that county, a fee for issuing two certified copies of the designated beneficiary agreement that indicate the date and time of recording with the county, and a fee for taking acknowledgments, if applicable, as provided in section 30-1-103, C.R.S. All fees collected by the county clerk and recorder shall be deposited in the county clerk's fee fund maintained as required in section 30-1-119, C.R.S. The county clerk and recorder may require the person recording the designated beneficiary agreement to indicate the mailing address to which the original document should be returned after recording.

  1. The clerk and recorder of the county is encouraged to make available copies of the statutoryforms as prescribed in sections 15-22-106 and 15-22-111.

  2. The clerk and recorder of the county shall have the following duties:

  1. To indicate on the designated beneficiary agreement or a revocation of a designated beneficiary agreement the date and time that it is recorded with the clerk and recorder;

  2. To issue two certified copies of the recorded designated beneficiary agreement that indicatethe date and time of the recording;

  3. To issue replacement certified copies of a designated beneficiary agreement or a revocationof a designated beneficiary agreement upon payment of a replacement fee.

(4) Designated beneficiary agreements and revocations of designated beneficiary agreements shall be considered open records for purposes of part 2 of article 72 of title 24, C.R.S.

Source: L. 2009: Entire article added, (HB 09-1260), ch. 107, p. 436, § 1, effective July 1.


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