Assignment of powers of secured party of record.

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(a) Except as otherwise provided in subsection (c) of this section, an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party.

(b) Except as otherwise provided in subsection (c) of this section, a secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement that:

(1) Identifies, by its file number, the initial financing statement to which it relates;

(1.5) Provides the date that the initial financing statement was filed or recorded;

  1. Provides the name of the assignor; and

  2. Provides the name and mailing address of the assignee.

  1. An assignment of record of a security interest in a fixture covered by a record of amortgage which is effective as a financing statement filed as a fixture filing under section 4-9502 (c) may be made only by an assignment of record of the mortgage in the manner provided by law of this state other than this title.

  2. An assignment that was filed in accordance with this section prior to August 5, 2009,and that is on file in the filing office as of August 5, 2009, whether or not it provides the date that the initial financing statement was filed or recorded, shall be deemed to have been filed pursuant to and in accordance with this section as amended and shall have the same effect as if filed pursuant to this section as amended.

Source: L. 2001: Entire article R&RE, p. 1386, § 1, effective July 1. L. 2009: IP(b) and (b)(2) amended and (b)(1.5) and (d) added, (SB 09-084), ch. 141, p. 602, §§ 1, 2, effective August 5.

Editor's note: (1) This section is similar to former § 4-9-405 as it existed prior to 2001.

(2) Colorado legislative change: Colorado added the phrase "and the name of one of the debtors" to subsection (b)(2).


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