C.R.S. Section 11-51-1005
Delaying disbursements

  • immunity

(1)

A broker-dealer or investment adviser may delay a disbursement from an account of an eligible adult, or an account on which an eligible adult is a beneficiary, if:

(a)

The broker-dealer or investment adviser, reasonably believes, after initiating an internal review of the requested disbursement and the suspected financial exploitation, that the requested disbursement may result in financial exploitation of an eligible adult; and

(b)

The broker-dealer or investment adviser:

(I)

Immediately, but in no event more than two business days after the requested disbursement, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless any such party is reasonably believed to have engaged in suspected or attempted financial exploitation of the eligible adult;

(II)

Immediately, but in no event more than two business days after the requested disbursement, notifies the reporting agencies; and

(III)

Continues its internal review of the suspected or attempted financial exploitation of the eligible adult, as necessary, and reports the review’s results to the commissioner within seven business days after the requested disbursement.

(2)

Any delay of a disbursement as authorized by this section expires upon the sooner of:

(a)

A determination by the broker-dealer or investment adviser that the disbursement will not result in financial exploitation of the eligible adult; or

(b)

Fifteen business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds, unless the commissioner requests that the broker-dealer or investment adviser extend the delay. If a delay is requested, the delay expires no more than twenty-five business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds unless sooner terminated or extended by the commissioner or an order of a court of competent jurisdiction.

(3)

A court of competent jurisdiction may also enter an order extending the delay of the disbursement of funds or may order other protective relief based on the petition of the commissioner of securities, protective services for eligible adults, the broker-dealer or investment adviser that initiated the delay under this section, or other interested party.

(4)

A broker-dealer or investment adviser who, in good faith and exercising reasonable care, complies with this section is immune from any administrative or civil liability that might otherwise arise from the delay in a disbursement in accordance with this section.

Source: Section 11-51-1005 — Delaying disbursements - immunity, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-11.­pdf (accessed Oct. 20, 2023).

11‑51‑101
Short title and purpose
11‑51‑102
Scope of article
11‑51‑201
Definitions
11‑51‑201.5
Investment adviser registration depository - definition
11‑51‑202
References to federal statutes
11‑51‑301
Requirement for registration of securities
11‑51‑302
General registration provisions
11‑51‑303
Registration by coordination
11‑51‑304
Registration by qualification
11‑51‑304.5
Notice filing - investment companies
11‑51‑305
Filing of sales literature
11‑51‑306
Denial, suspension, or revocation of registration
11‑51‑307
Exempt securities
11‑51‑308
Exempt transactions
11‑51‑308.5
Crowdfunding - intrastate offering of securities - online intermediaries - rules - fees - short title - legislative declaration
11‑51‑308.7
Colorado digital token act - legislative declaration - exemptions - definitions - rules
11‑51‑309
Discretionary exemptions
11‑51‑310
Denial or revocation of exemptions
11‑51‑311
Coordination of exemptions
11‑51‑401
Licensing and notice filing requirements
11‑51‑402
Exempt broker-dealers, sales representatives - sanctions - exempt investment advisers and investment adviser representatives
11‑51‑403
Application for license - notice filing requirements
11‑51‑404
License and notice fees
11‑51‑405
Examinations and alternate qualifications
11‑51‑406
General provisions
11‑51‑407
Operating requirements
11‑51‑408
Licensing of successor firms
11‑51‑409
Access to records
11‑51‑409.5
Mandatory disclosure - investment advisers and investment adviser representatives
11‑51‑410
Denial, suspension, or revocation
11‑51‑411
Abandonment of license
11‑51‑412
Withdrawal
11‑51‑501
Fraud and other prohibited conduct
11‑51‑502
Misleading filings
11‑51‑503
Unlawful representation concerning a license, registration, or exemption
11‑51‑601
Investigations - subpoenas
11‑51‑602
Enforcement by injunction
11‑51‑603
Criminal penalties
11‑51‑603.5
Concurrent enforcement by attorney general - legislative declaration
11‑51‑604
Civil liabilities
11‑51‑605
Burden of proof
11‑51‑606
Conduct of proceedings - cease-and-desist orders - consent orders - summary orders - issued by securities commissioner - rules
11‑51‑607
Judicial review of orders
11‑51‑701
Division of securities - creation - powers and duties
11‑51‑702.5
Securities board - creation - duties - repeal
11‑51‑703
Administration of article
11‑51‑704
Rules, forms, and orders
11‑51‑705
Interpretive opinions
11‑51‑706
Consent to service of process
11‑51‑707
Collection of fees - division of securities cash fund created
11‑51‑708
Administrative files
11‑51‑801
Effective date of article
11‑51‑802
Savings provisions
11‑51‑803
Repeal of article
11‑51‑901
Short title
11‑51‑902
General powers of securities commissioner
11‑51‑903
Interests in local government investment pool trust fund
11‑51‑904
Requirement for registration of local government investment pools
11‑51‑905
General registration requirements
11‑51‑906
Reports to securities commissioner
11‑51‑907
Access to records
11‑51‑908
Confidentiality of information
11‑51‑1001
Short title
11‑51‑1002
Definitions
11‑51‑1003
Governmental disclosures - immunity
11‑51‑1004
Third-party disclosures - immunity
11‑51‑1005
Delaying disbursements - immunity
11‑51‑1006
Immunity for nondisclosure
11‑51‑1007
Records
11‑51‑1008
Multiple duties to report
Green check means up to date. Up to date

Current through Fall 2024

§ 11-51-1005’s source at colorado​.gov