§ 9-613 — Contents and Form of Notification Before Disposition of Collateral: General

New York § 9-613

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 6: Default
• Subpart 1: Default and Enforcement of Security Interest
• Art. 9: Secured Transactions

Text

* Section 9--613. Contents and Form of Notification Before Disposition\n of Collateral: General.\n Except in a consumer-goods transaction, the following rules apply:\n (a) The contents of a notification of disposition are sufficient if\nthe notification:\n (1) describes the debtor and the secured party;\n (2) describes the collateral that is the subject of the intended\n disposition;\n (3) states the method of intended disposition;\n (4) states that the debtor is entitled to an accounting of the\n unpaid indebtedness and states the charge, if any, for an\n accounting; and\n (5) states the time and place of a public disposition or the time\n after which any other disposition is to be made.\n (b) Whether the contents of a notification that lacks any of the\ninformation specified in subsection (a) are nevertheless sufficient is a\nquestion of fact.\n (c) The contents of a notification providing substantially the\ninformation specified in subsection (a) are sufficient, even if the\nnotification includes:\n (1) information not specified by subsection (a); or\n (2) minor errors that are not seriously misleading.\n (d) A particular phrasing of the notification is not required.\n (e) The following form of notification and the form appearing in\nSection 9--614(c), when completed, each provides sufficient information:\n NOTIFICATION OF DISPOSITION OF COLLATERAL\n To: (Name of debtor, obligor, or other person to which the\nnotification is sent)\n From: (Name, address, and telephone number of secured party)\n Name of Debtor(s): (Include only if debtor(s) are not an addressee)\n(For a public disposition:)\n We will sell (or lease or license, as applicable) the (describe\ncollateral) (to the highest qualified bidder) in public as follows:\n Day and Date: ____________________\n Time: ____________________\n Place: ____________________\n (For a private disposition:)\n We will sell (or lease or license, as applicable) the (describe\ncollateral) privately sometime after (day and date).\n You are entitled to an accounting of the unpaid indebtedness secured\nby the property that we intend to sell (or lease or license, as\napplicable) (for a charge of $ ). You may request an accounting by\ncalling us at (telephone number).\n * NB Effective until June 3, 2026\n* Section 9--613. Contents and Form of Notification Before Disposition\n of Collateral: General.\n (a) Contents and form of notification. Except in a consumer-goods\ntransaction, the following rules apply:\n (1) The contents of a notification of disposition are sufficient if\nthe notification:\n (A) describes the debtor and the secured party;\n (B) describes the collateral that is the subject of the intended\n disposition;\n (C) states the method of intended disposition;\n (D) states that the debtor is entitled to an accounting of the\n unpaid indebtedness and states the charge, if any, for an\n accounting; and\n (E) states the time and place of a public disposition or the\n time after which any other disposition is to be made.\n(2) Whether the contents of a notification that lacks any of the\ninformation specified in subsection (a) are nevertheless sufficient is a\nquestion of fact.\n (3) The contents of a notification providing substantially the\ninformation specified in subsection (a) are sufficient, even if the\nnotification includes:\n (A) information not specified by subsection (a); or\n (B) minor errors that are not seriously misleading.\n(4) A particular phrasing of the notification is not required.\n (5) The following form of notification and the form appearing in\nSection 9--614(a)(3), when completed in accordance with the instructions\nin subsection (b) and Section 9--614(b), each provides sufficient\ninformation:\n NOTIFICATION OF DISPOSITION OF COLLATERAL\n To: (Name of debtor, obligor, or other person to which the\nnotification is sent)\n From: (Name, address, and telephone number of secured party)\n {1} Name of any debtor that is not an addressee: (Name of each debtor)\n {2} We will sell (describe collateral) (to the highest qualified\nbidder) at public sale. A sale could include a lease or license. The\nsale will be held as follows:\n (Date)\n (Time)\n (Place)\n {3} We will sell (describe collateral) at private sale sometime after\n(date). A sale could include a lease or license.\n {4} You are entitled to an accounting of the unpaid indebtedness\nsecured by the property that we intend to sell or, as applicable, lease\nor license.\n {5} If you request an accounting you must pay a charge of $ (amount).\n {6} You may request an accounting by calling us at (telephone number).\n (End of Form)\n (b) Instructions for form of notification. The following instructions\napply to the form of notification in subsection (a)(5):\n (1) The instructions in this subsection refer to the numbers in braces\nbefore items in the form of notification in subsection (a)(5). Do not\ninclude the numbers or braces in the notification. The numbers and\nbraces are used only for the purpose of these instructions.\n (2) Include and complete subsection (a)(5) item {1} only if there is a\ndebtor that is not an addressee of the notification and list the name or\nnames.\n (3) Include and complete either item {2}, if the notification relates\nto a public disposition of the collateral, or item {3}, if the\nnotification relates to a private disposition of the collateral. If item\n{2} is included, include the words "to the highest qualified bidder"\nonly if applicable.\n (4) Include and complete items {4} and {6}.\n (5) Include and complete item {5} only if the sender will charge the\nrecipient for an accounting.\n * NB Effective June 3, 2026\n