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Iowa Code § 554.9108

Sufficiency of description

Known as the Uniform Commercial Code

The act spans §§ 554–554 (631 sections).

Applied in 3 court decisions — leading case In Re Zych (2007)

Most recently applied in In Re Zych (December 2007)

2000 Acts, ch 1149, §8, 185, 187

1. Sufficiency of description. 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. Examples of reasonable identification. 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 this chapter;

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. 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.

4. Investment property. Except as otherwise provided in subsection 5, a description of a security entitlement, securities account, or commodity account is sufficient if it describes:

a. the collateral by those terms or as investment property; or

b. the underlying financial asset or commodity contract.

5. When description by type insufficient. A description only by type of collateral defined in this chapter is an insufficient description of:

a. a commercial tort claim; or

b. in a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account.

Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.