Arizona Laws 47-9108. Sufficiency of description
A. 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.
Terms Used In Arizona Laws 47-9108
- Collateral: means the property subject to a security interest or agricultural lien. See Arizona Laws 47-9102
- Commodity account: means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer. See Arizona Laws 47-9102
- Consumer goods: means goods that are used or bought for use primarily for personal, family or household purposes. See Arizona Laws 47-9102
- Consumer transaction: means a transaction in which an individual incurs an obligation primarily for personal, family or household purposes, a security interest secures the obligation and the collateral is held or acquired primarily for personal, family or household purposes. See Arizona Laws 47-9102
- Contract: A legal written agreement that becomes binding when signed.
- Debtor: means :
(a) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;
(b) A seller of accounts, chattel paper, payment intangibles or promissory notes; or
(c) A consignee. See Arizona Laws 47-9102
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Investment property: means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract or commodity account. See Arizona Laws 47-9102
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
B. 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 this title;
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. 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. 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. A description only by type of collateral defined in this title 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.