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Notice of Adoption

Pursuant to section 4-9-526, C.R.S., and the rulemaking provisions of the State Administrative Procedure Act, specifically, section 24-4-103, C.R.S., I, Donetta Davidson, Colorado Secretary of State, do hereby adopt and give NOTICE of the permanent adoption this 10th day of August, 2001, of the "Filing-Office Rules adopted by the Colorado Secretary of State for the Implementation of Colorado's Uniform Commercial Code, Article 9, Secured Transactions of Title 4, Colorado Revised Statutes, Colorado's Central Filing of Effective Financing Statement Act, Article 9.5 of Title 4, Colorado Revised Statutes, and Related Colorado Laws", which are attached hereto and which replace the rules adopted on a temporary basis on June 29, 2001.

signed
Donetta Davidson,
Colorado Secretary of State

signed
By William A. Hobbs
Deputy Colorado Secretary of State

Statement of Findings and Reasons for Temporary Adoption

Office of the Colorado Secretary of State

"Filing-Office Rules adopted by the Colorado Secretary of State for the Implementation of Articles 9 and 9.5 of Title 4, Colorado Revised Statutes, the Uniform Commercial Code - Secured Transactions"

The Colorado Secretary of State finds that immediate adoption and prompt effectiveness of these Rules are imperatively necessary to comply with law, and that compliance with the full requirements of § 24-4-103, C.R.S. would therefore be contrary to the public interest, for the following reasons:

Pursuant to the above-cited statute, a permanent rule cannot take effect sooner than "twenty days after publication of the rule as finally adopted" (§ 24-4-103(5), C.R.S.), while a temporary rule can "become effective on adoption or on such later date as is stated in the rule" (§24-4-103(6), C.R.S.). These rules must therefore be adopted on a temporary basis because they are required for the implementation of S.B. 01-240, which was enacted during the 2001 Regular Legislative Session, which was signed into law by the Governor on June 5, 2001 and which has an effective date of July 1, 2001. There has been insufficient time after passage of S.B. 01-240 to have permanent rules promulgated, published and in effect by July 1, 2001.