C.R.S. Section 11-105-505
Adverse claims to safe deposit box

(1)

An adverse claim to the contents of a safe deposit box is not sufficient reason to require the lessor to deny access to its lessee unless:

(a)

The lessor is directed to do so by a court order issued in an action in which the lessee is served with process and named as a party by a name that identifies the lessee with the name in which the safe deposit box is leased; or

(b)

The safe deposit box is leased, or the property is held, in the name of a lessee with the addition of words indicating that the contents, or property, are held in a fiduciary capacity for a named beneficiary or beneficiaries, and the adverse claim is supported by a sworn written statement of facts disclosing that it is made by, or on behalf of, such a beneficiary and that there is reason to know that the fiduciary may misappropriate the trust property.

(2)

A claim is also an adverse claim where one of several lessees claims, contrary to the terms of the lease, an exclusive right of access, or where one or more persons claim a right of access as agents or officers of a lessee to the exclusion of others as agents or officers, or where it is claimed that a lessee is the same person as one using another name.

(3)

The lessor of a safe deposit box shall not be deemed to be in possession or control of the contents thereof for the purposes of section 13-54.5-103, C.R.S., or any other statute or rule pertaining to writs of garnishment.

Source: Section 11-105-505 — Adverse claims to safe deposit box, 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

§ 11-105-505’s source at colorado​.gov