C.R.S. Section 5-19-222
Trust account

(a)

All money paid to a provider by or on behalf of an individual pursuant to a plan for distribution to creditors is held in trust. Within two business days after receipt, the provider shall deposit the money in a trust account established for the benefit of individuals to whom the provider is furnishing debt-management services.

(b)

Money held in trust by a provider is not property of the provider or its designee. The money is not available to creditors of the provider or designee, except an individual from whom or on whose behalf the provider received money, to the extent that the money has not been disbursed to creditors of the individual.

(c)

A provider shall:

(1)

Maintain separate records of account for each individual to whom the provider is furnishing debt-management services;

(2)

Disburse money paid by or on behalf of the individual to creditors of the individual as disclosed in the agreement; except that:

(A)

The provider may delay payment to the extent that a payment by the individual is not final; and

(B)

If a plan provides for regular periodic payments to creditors, the disbursement shall comply with the due dates established by each creditor; and

(3)

Promptly correct any payments that are not made or that are misdirected as a result of an error by the provider or other person in control of the trust account and reimburse the individual for any costs or fees imposed by a creditor as a result of the failure to pay or misdirection.

(d)

A provider may not commingle money in a trust account established for the benefit of individuals to whom the provider is furnishing debt-management services with money of other persons.

(e)

A trust account shall at all times have a cash balance equal to the sum of the balances of each individual’s account.

(f)

If a provider has established a trust account pursuant to subsection (a) of this section, the provider shall reconcile the trust account at least once a month. The reconciliation shall compare the cash balance in the trust account with the sum of the balances in each individual’s account. If the provider or its designee has more than one trust account, each trust account shall be individually reconciled.

(g)

If a provider discovers, or has a reasonable suspicion of, embezzlement or other unlawful appropriation of money held in trust, the provider immediately shall notify the administrator by a method approved by the administrator. Unless the administrator by rule provides otherwise, within five days thereafter, the provider shall give notice to the administrator describing the remedial action taken or to be taken.

(h)

If an individual terminates an agreement or it becomes reasonably apparent to a provider that a plan has failed, the provider shall promptly refund to the individual all money paid by or on behalf of the individual that has not been paid to creditors, less fees that are payable to the provider under section 5-19-223.

(i)

Before relocating a trust account from one bank to another, a provider shall inform the administrator of the name, business address, and telephone number of the new bank. As soon as practicable, the provider shall inform the administrator of the account number of the trust account at the new bank.

Source: Section 5-19-222 — Trust account, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-05.­pdf (accessed Oct. 20, 2023).

5‑19‑101
Short title 5‑19‑102
Legislative declaration 5‑19‑103
Definitions 5‑19‑104
Prohibited acts 5‑19‑105
Written disclosure required 5‑19‑106
Content of written disclosure 5‑19‑107
Written contracts required 5‑19‑108
Waivers and exemptions 5‑19‑109
Criminal penalties and injunctive relief 5‑19‑110
Powers of administrator of the uniform consumer credit code and district attorney - subpoenas - hearings 5‑19‑111
Damages 5‑19‑112
Aiding or assisting violation 5‑19‑113
Remedies cumulative 5‑19‑114
Relation between parts of article 5‑19‑201
Short title 5‑19‑202
Definitions 5‑19‑203
Exempt agreements and persons 5‑19‑204
Registration required 5‑19‑205
Application for registration - form, fee, and accompanying documents - repeal 5‑19‑206
Application for registration - required information 5‑19‑206.5
Name-based judicial record check 5‑19‑206.7
Remote work authorized - definition 5‑19‑207
Application for registration - obligation to update information 5‑19‑208
Application for registration - public information 5‑19‑209
Certificate of registration - issuance or denial 5‑19‑210
Certificate of registration - timing 5‑19‑211
Renewal of registration 5‑19‑212
Registration in another state 5‑19‑213
Bond required 5‑19‑214
Bond required - substitute 5‑19‑215
Good faith requirement 5‑19‑216
Customer service 5‑19‑217
Prerequisites for providing debt-management services 5‑19‑218
Communication by electronic or other means - definitions 5‑19‑219
Form and contents of agreement 5‑19‑220
Cancellation of agreement - waiver 5‑19‑221
Required language 5‑19‑222
Trust account 5‑19‑223
Fees and other charges 5‑19‑224
Voluntary contributions 5‑19‑225
Voidable agreements 5‑19‑226
Termination of agreements 5‑19‑227
Periodic reports - retention of records 5‑19‑228
Prohibited acts and practices 5‑19‑229
Notice of litigation 5‑19‑230
Advertising 5‑19‑231
Liability for the conduct of other persons 5‑19‑232
Powers of administrator - rules 5‑19‑233
Administrative and legal remedies 5‑19‑234
Suspension, revocation, or nonrenewal of registration - definitions 5‑19‑235
Private enforcement 5‑19‑236
Violation of unfair or deceptive practices statute 5‑19‑237
Statute of limitations 5‑19‑238
Uniformity of application and construction 5‑19‑239
Relation to federal “Electronic Signatures in Global and National Commerce Act” 5‑19‑240
Transitional provisions - application to existing transactions 5‑19‑241
Severability 5‑19‑242
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 5-19-222’s source at colorado​.gov