Uniform Commercial Code FAQs

Contents
Acceptable characters
Agistor's liens
Attachments
Certified copies & searches
Child support liens
Colorado Housing and Finance Authority (CHFA) liens
Continuations
County codes
Definitions
Ending noise words
Farm product codes
Federal/State tax liens
Filing
General lien questions
Harvester's liens
Hospital liens
Master list
Payment
Privacy
Redaction
Restitution liens
Searching
Spurious and fraudulent liens
Termination
User accounts

 

Definitions

Agricultural lien

An interest in farm products that originates from the

  • provision of goods or services, or
  • the leasing of property

to a debtor in connection with the debtor's farming operation. The effectiveness does not depend on the person's possession of the property. [1]

 

Assets

Property that can be used for the payment of debts. This includes money, personal property, real property (land), and intangibles such as patents and copyrights.

 

Assign

To formally transfer legal rights or interest in property from one person to another.

 

Assignee

When rights or interests are transferred from one person to another, the assignee is the person who receives those rights. 

 

Assignment

The formal transfer of legal rights or interest in property from one person to another.

 

Assignor

The person who transfers their rights or interests in a person's property to a third person. 


Attachments

Attachments are files that are added to a form before it is submitted. Attachments become part of the record. See the attachments FAQs.

 

Authorizing party

The person who files an amendment. An authorizing party is usually a secured party on the record.

In some cases, a debtor may be authorized to file an amendment- in that case, the debtor would be the authorizing party.

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Bailee

A person with whom property is left, usually in connection with a contract. The bailee is responsible for the safe return of the property to the owner when the terns of the contract are fulfilled. 


Bailor

A person who leaves property in the custody of another, usually in connection with a contract.
 

 

Central filing office

The Colorado Secretary of State.   

 

Central filing officer

The Colorado Secretary of State.
 

 

Central filing system

A system for filing effective financing statements (EFS) on a statewide basis. The central filing system is certified by the secretary of the United States Department of Agriculture (U.S.D.A.). See section 1324 of the Food Security Act of 1985.

 

Certificate

An official document stating that certain things are true. 

 

Certified copy

A copy of an original document that is certified as a true copy.   A certified copy will have a stamp, seal, or certificate with a signature from the official who is responsible for maintaining the document.

 

Chattel

Personal property. Chattel does not include real estate or items connected to real property.

 

Chattel paper

A record of a debt and a security interest in specific personal property.

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Claim

A statement of a right to property, money, or legal remedy.

 

Claimant

A person who claims a security interest in another person’s property. A claimant is similar to a secured party.

 

Collateral

Property that is pledged by the owner to another person to secure a debt.

 

Commercial code

A collection of laws that addresses commercial transactions, including sales, bank deposits, collections, letters of credit, and investment securities.

 

Commercial law

Law relating to the rights of those engaged in commerce.

 

Consignee

A merchant who receives the goods in a consignment.

 

Consignment

When an owner (consignor) delivers goods to another person (consignee) for sale or delivery to a third party.

 

Consignor

A person that delivers goods to a consignee.

 

County codes

Numbers assigned to each county for identification. See the county code FAQs.

 

County filings

Documents filed with the county clerk and recorder. Before 2000, many UCC documents were originally filed with a county, then later moved to the Secretary of State's records.

 

Creditor

A person who extends credit to another person.

 

Crop year

  • Crops grown in soil: the year that it is or will be harvested.
  • Animals: the year that they are born, acquired, or owned.
  • Poultry or eggs: the year that they are or will be sold.

 

C.R.S.

Colorado Revised Statutes.

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Debt

Something that one person owes to another. A person can owe money, goods, or services.

 

Debtor

A person who owes a debt to another person.

 

Effective date

The date when something is considered to have taken effect. For a UCC record, the effective date is the date that the document was filed.

 

EFS

Effective Financing Statement.

 

Effective financing statement

A financing statement that involves farm products.

 

Farm products

A specific crop or type of livestock that is used as collateral.

 

Filed document

A document entered into the official public record.

 

Filing office

An office designated as the place to file a financing statement.

 

Financing statement

A form that is filed to give notice of an interest in a debtor's property.

 

Fixture

Property that is treated as part of real property. 

 

Fixture filing

A financing statement that covers goods that are or will become fixtures.

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Goods

Merchandise, commercial wares or personal property.

 

Individual

See natural person.

 

Interest

A claim on property, real or personal, based on a legal right, title, claim, or share.

 

Jurisdiction

  • A state in the United States
  • A foreign country or other foreign governmental authority, agency, instrumentality, or subdivision.

 

Jurisdiction of formation

The jurisdiction where an entity or organization was formed under the law.

 

Lessee

A person who rents real or personal property from another person.

 

Lessor

A person who rents their real or personal property to another person.

 

Lien

A claim on the real or personal property of another that secures payment of a debt or performance of an obligation.

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Manufactured home

A dwelling that has a wheeled chassis permanently attached so that it can be transported from one place to another.

 

Master list

A list of all effective financing statements (EFS) that were effective as of the last day of the previous month. See the master list FAQs.

 

Mechanic's lien

A security interest in property that results from the supply of material or labor to improve the property. Mechanic's liens are filed with the county where the property is located.

 

Mortgage

A lien, usually against real property such as land or a house.

 

Mortgagee

A person who holds a mortgage.

 

Mortgagor

A person who borrows money and uses real property to secure the repayment of the debt.

 

Natural person

A human being. Also referred to as a "real person" or an "individual".

 

Normalize, normalized

Normalized text is text that has been modified to make it consistent. See "Standard Search Logic" for information.

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Obligee

A person who is owed an obligation by another person.

 

Obligor

A person who owes an obligation to another person.

 

Owner

  • A person to whom property belongs.
  • On certain liens, the owner is similar to a debtor.

 

Perfection

How a security interest is protected by law against competing claims to the collateral. Perfection takes place when the secured party files notice of their security interest in our office.

 

Person

An individual or an entity.

 

Personal property

Property that belongs to a person. Personal property does not include real estate.

 

Property

Anything is that owned by a person.

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Real estate

Land and any permanent attachments or improvements to the land.  This includes buildings, fences, and all permanent attachments to buildings, such as heating, plumbing, lighting, masonry, etc. Also referred to as real property.

 

Real person

See natural person.

 

Real property

Land and any permanent attachments or improvements to the land.  This includes buildings, fences, and all permanent attachments to buildings, such as heating, plumbing, lighting, masonry, etc. Also referred to as real estate.

 

Record

A record is an original filing and any amendments or other documents associated with it. The record only includes documents that are filed with our office.

 

Redaction

Covering up or removing text for security or legal reasons. See the redaction FAQs.

 

Secured party

A person who holds a security interest in another person's property. 

 

Secured transaction record

A secured transaction record is an original document and any amendments or other documents associated with it. The record only includes documents filed in our office.

 

Security agreement

An agreement that creates or provides for a security interest.

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Security interest

An interest in personal property, fixtures, or farm products that secures payment or performance of an obligation.

 

Seller

A person who exchanges goods or property for money or other payment.

 

Selling agent

A person who negotiates the sale and purchase of farm products on behalf of another person.

 

Spurious document

Any document that:

  • is forged,
  • is groundless,
  • contains a material misstatement
  • contains a false claim, or
  • is otherwise clearly invalid.

 

Tax identification number

A tax identification number is a group of numbers in a secured transaction record that the Secretary of State deems likely to be the social security number or individual tax identification number of an individual identified in the secured transaction record.

 

Termination statement

A form that is filed to end the effectiveness of a record.

 

Transmitting utility

A person primarily engaged in the business of:

  • Operating a railroad, subway, street railway, or trolley bus;
  • Transmitting communications electronically, electro magnetically, or by light;
  • Transmitting goods by pipeline or sewer; or
  • Transmitting or producing and transmitting electricity, steam, gas, or water.

 

UCC

Uniform Commercial Code.

 

Uniform Commercial Code

A law governing commercial transactions, sales and leasing of goods, transfer of funds, commercial paper, bills of lading, secured transactions, etc.

 

Unique identifier

A 10-digit number that is used as a substitute for a social security number or employer identification number in our records. They are used in Effective Financing Statements (EFS) and on the master list.

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[1]  4-9-102(a)(5), C.R.S.