§ 41-09-08 — (9-108) Sufficiency of description

North Dakota § 41-09-08

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-09: Secured Transactions

Text

1. Except as otherwise provided in subsections 3 through 5, a description of personal or
real property is sufficient, regardless of whether the description is specific, if the
description 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:
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; or
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 the description describes:
a. The collateral by those terms or as investment property; or
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:
a. A commercial tort claim; or
b. A security entitlement, a securities account, or a commodity account.