TITLE 6A
Uniform Commercial Code
CHAPTER 6A-9
Secured Transactions
PART 6A-9-101
General Provisions
SECTION 6A-9-108
§ 6A-9-108 Sufficiency of description.
(a) Sufficiency of description. Except as otherwise provided in
subsections (c), (d), and (e), a description of personal or real property is
sufficient, whether or not it is specific, if it reasonably identifies what is
described.
(b) Examples of reasonable identification. Except as
otherwise provided in subsection (d), a description of collateral reasonably
identifies the collateral if it identifies the collateral by:
(1) specific listing;
(2) category;
(3) except as otherwise provided in subsection (e), a type of
collateral defined in the Uniform Commercial Code;
(4) quantity;
(5) computational or allocational formula or procedure; or
(6) except as otherwise provided in subsection (c), any other
method, if the identity of the collateral is objectively determinable.
(c) Supergeneric description not sufficient. A
description of collateral as "all the debtor's assets" or "all the debtor's
personal property" or using words of similar import does not reasonably
identify the collateral.
(d) Investment property. Except as otherwise provided
in subsection (e), a description of a security entitlement, securities account,
or commodity account is sufficient if it describes:
(1) the collateral by those terms or as investment property;
or
(2) the underlying financial asset or commodity contract.
(e) When description by type insufficient. A
description only by type of collateral defined in the Uniform Commercial Code
is an insufficient description of:
(1) a commercial tort claim; or
(2) in a consumer transaction, consumer goods, a security
entitlement, a securities account, or a commodity account.
History of Section.
(P.L. 2000, ch. 182, § 6; P.L. 2000, ch. 420, § 6.)