June 26, 2019

HB 13-1284: Allowing Debtors Without Driver’s Licenses to be Identified via State-Issued ID Cards for UCC Purposes

On March 27, 2013, Rep. Bob Gardner and Sen. Ellen Roberts introduced HB 13-1284 – Concerning Documents that can be Filed Regarding Security Interests under the “Uniform Commercial Code.” This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

CBA sponsored legislation by the Business Law Section

Article 9 of the “Uniform Commercial Code” regulates the creation of security interests. Revisions adopted in H.B. 12-1262 specify that the form of the debtor’s name that should be entered when filing a financing statement is the name that appears on the debtor’s driver’s license. The bill specifies that if the debtor does not have a driver’s license, the form of the debtor’s name to enter on a financing statement is the name that appears on the debtor’s identification card.

Colorado has adopted nonuniform provisions that regulate who can file an information statement about a security interest and the effect of such a filing. H.B. 12-1262 rendered these provisions obsolete, but they were not repealed in that bill. The bill repeals these provisions.

On April 18 the bill passed 3rd and final reading in the House and is scheduled for Senate Judiciary Committee review on Monday, April 29 at 1:30 p.m.

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