70A-9a-613. Contents and form of notification before disposition of collateral -- General.

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

Effective 5/6/2026

(1)Except in a consumer-goods transaction, the following rules apply:

(a)The contents of a notification of disposition are sufficient if the notification:

(i)describes the debtor and the secured party;

(ii)describes the collateral that is the subject of the intended disposition;

(iii)states the method of intended disposition;

(iv)states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and

(v)states the time and place of a public disposition or the time after which any other disposition is to be made.

(b)Whether the contents of a notification that lacks any of the information specified in Subsection

(1)are nevertheless sufficient is a question of fact.

(c)The contents of a notification providing substantially the information specified in Subsection

(1)are sufficient, even if the notification includes:

(i)information not specified by that subsection; or

(ii)minor errors that are not seriously misleading.

(d)A particular phrasing of the notification is not required.

(e)The following form of notification and the form appearing in Subsection 70A-9a-614(3 ), when completed in accordance with the instructions in Subsection

(2)and Subsection 70A-9a-104(2) , each provides sufficient information:

]

NOTIFICATION OF DISPOSITION OF COLLATERAL

To: (Name of debtor, obligor, or other person to which the notification is sent)

From: (Name, address, and telephone number of secured party)

{1} Name of any debtor that is not an addressee: (Name of each debtor)

{2} We will sell (describe collateral) (to the highest qualified bidder) at public sale. A sale could include a lease or license. The sale will be held as follows:

(Place)

{3} We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license.

{4} You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell or, as applicable, lease or license.

{5} If you request an accounting you must pay a charge of $ (amount).

{6} You may request an accounting by calling us at (telephone number).

[End of Form]

(2)The following instructions apply to the form of notification in Subsection (1)(e) :

(a)The instructions in this subsection refer to the numbers in braces before items in the form of notification in Subsection (1)(e) . Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions.

(b)Include and complete item {1} only if there is a debtor that is not an addressee of the notification and list the name or names.

(c)Include and complete either item {2}, if the notification relates to a public disposition of the collateral, or item {3}, if the notification relates to a private disposition of the collateral. If item {2} is included, include the words to the highest qualified bidder only if applicable.

(d)Include and complete items {4} and {6}.

(e)Include and complete item {5} only if the sender will charge the recipient for an accounting.

Amended by Chapter 322 , 2026 General Session