440.9108 Sufficiency of description.

265 words·~1 min read·/mi/chapter-440/440-9108

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 9108.

(1)Except as otherwise provided in subsections (3), (4), and (5), a description of personal or real property is sufficient, whether or not it is specific, if it reasonably identifies what is described.

(2)Except as otherwise provided in subsection (4), a description of collateral reasonably identifies the collateral if it identifies the collateral by 1 or more of the following:

(a)Specific listing.

(b)Category.

(c)Except as otherwise provided in subsection (5), a type of collateral defined in the uniform commercial code.

(d)Quantity.

(e)Computational or allocational formula or procedure.

(f)Except as otherwise provided in subsection (3), any other method, if the identity of the collateral is objectively determinable.

(3)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.

(4)Except as otherwise provided in subsection (5), a description of a security entitlement, securities account, or commodity account is sufficient if it describes 1 or more of the following:

(a)The collateral by the term security entitlement, securities account, or commodity account, or as investment property.

(b)The underlying financial asset or commodity contract.

(5)A description only by type of collateral defined in the uniform commercial code is an insufficient description of either of the following:

(a)A commercial tort claim.

(b)In a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account.

History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 2000, Act 348 , Eff. July 1, 2001