Legislation
SECTION 9-108
Sufficiency of Description
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 1, SUBPART 1
Section 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 Section 9--502 and 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 this chapter;
(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 this chapter is an insufficient description of:
(1) a commercial tort claim;
(2) in a consumer transaction, consumer goods, a security
entitlement, a securities account, or a commodity account; or
(3) a cooperative interest.
(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 Section 9--502 and 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 this chapter;
(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 this chapter is an insufficient description of:
(1) a commercial tort claim;
(2) in a consumer transaction, consumer goods, a security
entitlement, a securities account, or a commodity account; or
(3) a cooperative interest.