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336.9-108 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.

HIST: 2000 c 399 art 1 s 8

* NOTE: This section, as added by Laws 2000, chapter 399, *article 1, section 8, is effective July 1, 2001. Laws 2000, *chapter 399, article 1, section 130.

* NOTE: Minnesota Statutes 1998, section 336.9-108, which *reads as follows, is repealed July 1, 2001. Laws 2000, chapter *399, article 1, section 130.

* "336.9-108 When after-acquired collateral not security *for antecedent debt.

* Where a secured party makes an advance, incurs an *obligation, releases a perfected security interest, or otherwise *gives new value which is to be secured in whole or in part by *after-acquired property the security interest in the *after-acquired collateral shall be deemed to be taken for new *value and not as security for an antecedent debt if the debtor *acquires rights in such collateral either in the ordinary course *of business or under a contract of purchase made pursuant to the *security agreement within a reasonable time after new value is *given."

SUBPART 2. APPLICABILITY OF ARTICLE

Official Publication of the State of Minnesota
Revisor of Statutes