Colo. Rev. Stat. § 4-9-304

Current through Acts effective through 6/5/2024 of the 2024 Legislative Session
Section 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.

C.R.S. § 4-9-304

Amended by 2023 Ch. 136,§ 53, eff. 8/7/2023.
L. 2001: Entire article R&RE, p. 1343, § 1, effective July 1. L. 2002: (b)(1) amended, p. 938, § 3, effective August 7.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).