C.R.S. Section 11-105-107
Adverse claim deposits

(1)

Notice to any bank of an adverse claim to a deposit standing on its books to the credit of any person, or to securities or other property deposited by any person with the bank, shall not be effectual to cause said bank to recognize said adverse claimant, unless said adverse claimant shall also either procure a restraining order, injunction, or other appropriate process against and served upon said bank from a court of competent jurisdiction in an action instituted by said adverse claimant wherein the person to whose credit the deposit stands or for whose account the securities or other property are held is made a party and served with summons or shall comply with subsection (2) of this section.

(2)

Such adverse claimant, in lieu of a court order, shall execute to said bank, in form and amount and with sureties acceptable to it, a bond indemnifying said bank from all liability, loss, damage, costs, and expenses, whether on account of the payment of such adverse claim or the dishonor of the check or other order of the person to whose credit the deposit stands on the books of said bank or on account of the delivery of said securities or other property to the adverse claimant or the refusal to comply with any order of the depositor of the securities or property held, as the case may be.

(3)

This section shall not apply in any instance where the person to whose credit the deposit stands or for whose account the securities or other property is held, is a fiduciary designated as such by words indicating the deposit or other property is, or the securities are, held for the benefit of such adverse claimant, and the facts showing reasonable cause of belief on the part of said claimant that the fiduciary is about to misappropriate such deposit, securities, or other property are made to appear by the affidavit of such claimant.

Source: Section 11-105-107 — Adverse claim deposits, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-11.­pdf (accessed Oct. 20, 2023).

11‑105‑101
Branch banks and practices prohibited 11‑105‑102
Accounts and interest 11‑105‑103
Saturday closing - notice - effect 11‑105‑104
Minor or institutional deposits 11‑105‑105
Joint deposits - right of survivor 11‑105‑106
Final adjustment - statement of account 11‑105‑107
Adverse claim deposits 11‑105‑108
Transmitting money - foreign exchange 11‑105‑109
Temporary closing of banks - when 11‑105‑110
Disclosure of information pursuant to legal process 11‑105‑111
Trust account - limited documentation required - certificate of trust 11‑105‑112
Entity account - certificate of existence and authority - definitions 11‑105‑208
Consumer protection 11‑105‑301
Reserves against deposits 11‑105‑302
Loans, acceptances, investments, and letters of credit 11‑105‑303
Corporate powers - interest and charges 11‑105‑304
Bank investments - customers’ orders 11‑105‑305
Acceptances - letters of credit 11‑105‑401
Acquisition of property to satisfy indebtedness 11‑105‑402
Banking property - acquisition 11‑105‑403
Sale of assets 11‑105‑404
Pledge of assets 11‑105‑405
Signature guaranty 11‑105‑501
Safe deposit boxes - leasing and subsidiary company 11‑105‑502
Access by fiduciaries 11‑105‑503
Lease to minor 11‑105‑504
Death of lessee - procedure 11‑105‑505
Adverse claims to safe deposit box 11‑105‑506
Annual fees 11‑105‑601
Legislative declaration 11‑105‑602
Financial branches allowed - conversion of financial institutions to branches - acquisitions 11‑105‑603
Financial institutions - common powers and limitations 11‑105‑604
Subsidiary depository institutions as agent 11‑105‑605
Rule-making by banking board and financial services board 11‑105‑606
Notice of branch closing
Green check means up to date. Up to date

Current through Fall 2024

§ 11-105-107’s source at colorado​.gov