C.R.S. Section 4-8-112
Creditor’s legal process

(a)

The interest of a debtor in a certificated security may be reached by a creditor only by actual seizure of the security certificate by the officer making the attachment or levy, except as otherwise provided in subsection (d) of this section. However, a certificated security for which the certificate has been surrendered to the issuer may be reached by a creditor by legal process upon the issuer.

(b)

The interest of a debtor in an uncertificated security may be reached by a creditor only by legal process upon the issuer at its chief executive office in the United States, except as otherwise provided in subsection (d) of this section.

(c)

The interest of a debtor in a security entitlement may be reached by a creditor only by legal process upon the securities intermediary with whom the debtor’s securities account is maintained, except as otherwise provided in subsection (d) of this section.

(d)

The interest of a debtor in a certificated security for which the certificate is in the possession of a secured party, or in an uncertificated security registered in the name of a secured party, or a security entitlement maintained in the name of a secured party, may be reached by a creditor by legal process upon the secured party.

(e)

A creditor whose debtor is the owner of a certificated security, uncertificated security, or security entitlement is entitled to aid from a court of competent jurisdiction, by injunction or otherwise, in reaching the certificated security, uncertificated security, or security entitlement or in satisfying the claim by means allowed at law or in equity in regard to property that cannot readily be reached by other legal process.

Source: Section 4-8-112 — Creditor’s legal process, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-04.­pdf (accessed Oct. 20, 2023).

4‑8‑101
Short title 4‑8‑102
Definitions 4‑8‑103
Rules for determining whether certain obligations and interests are securities or financial assets 4‑8‑104
Acquisition of security or financial asset or interest therein 4‑8‑105
Notice of adverse claim 4‑8‑106
Control 4‑8‑107
Whether indorsement, instruction, or entitlement order is effective 4‑8‑108
Warranties in direct holding 4‑8‑109
Warranties in indirect holding 4‑8‑110
Applicability - choice of law 4‑8‑111
Clearing corporation rules 4‑8‑112
Creditor’s legal process 4‑8‑113
Statute of frauds inapplicable 4‑8‑114
Evidentiary rules concerning certificated securities 4‑8‑115
Securities intermediary and others not liable to adverse claimant 4‑8‑116
Securities intermediary as purchaser for value 4‑8‑201
Issuer 4‑8‑202
Issuer’s responsibility and defenses - notice of defect or defense 4‑8‑203
Staleness as notice of defect or defense 4‑8‑204
Effect of issuer’s restriction on transfer 4‑8‑205
Effect of unauthorized signature on security certificate 4‑8‑206
Completion or alteration of security certificate 4‑8‑207
Rights and duties of issuer with respect to registered owners 4‑8‑208
Effect of signature of authenticating trustee, registrar, or transfer agent 4‑8‑209
Issuer’s lien 4‑8‑210
Overissue 4‑8‑301
Delivery 4‑8‑302
Rights of purchaser 4‑8‑303
Protected purchaser 4‑8‑304
Indorsement 4‑8‑305
Instruction 4‑8‑306
Effect of guaranteeing signature, indorsement, or instruction 4‑8‑307
Purchaser’s right to requisites for registration of transfer 4‑8‑401
Duty of issuer to register transfer 4‑8‑402
Assurance that indorsement or instruction is effective 4‑8‑403
Demand that issuer not register transfer 4‑8‑404
Wrongful registration 4‑8‑405
Replacement of lost, destroyed, or wrongfully taken security certificate 4‑8‑406
Obligation to notify issuer of lost, destroyed, or wrongfully taken security certificate 4‑8‑407
Authenticating trustee, transfer agent, and registrar 4‑8‑501
Securities account - acquisition of security entitlement from securities intermediary 4‑8‑502
Assertion of adverse claim against entitlement holder 4‑8‑503
Property interest of entitlement holder in financial asset held by securities intermediary 4‑8‑504
Duty of securities intermediary to maintain financial asset 4‑8‑505
Duty of securities intermediary with respect to payments and distributions 4‑8‑506
Duty of securities intermediary to exercise rights as directed by entitlement holder 4‑8‑507
Duty of securities intermediary to comply with entitlement order 4‑8‑508
Duty of securities intermediary to change entitlement holder’s position to other form of security holding 4‑8‑509
Specification of duties of securities intermediary by other statute or regulation - manner of performance of duties of securities intermediary and exercise of rights of entitlement holder 4‑8‑510
Rights of purchaser of security entitlement from entitlement holder 4‑8‑511
Priority among security interests and entitlement holders 4‑8‑601
Effective date 4‑8‑602
Repeals 4‑8‑603
Saving clause
Green check means up to date. Up to date

Current through Fall 2024

§ 4-8-112’s source at colorado​.gov