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United States — Louisiana legislation

RS 10:9-108

A collateral description is enough if it reasonably identifies the property, but some broad or type-only descriptions are not enough.

collateral descriptionsecurity interests
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United States — Louisiana
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“A collateral description is enough if it reasonably identifies the property, but some broad or type-only descriptions are not enough.”

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RS 10:9-108

A collateral description is enough if it reasonably identifies the property, but some broad or type-only descriptions are not enough.

Section 10:9-108

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§ 10:9-108RS 10:9-108Provision

A collateral description is enough if it reasonably identifies the property, but some broad or type-only descriptions are not enough.

§9-108. Sufficiency of description (a) Sufficiency of description. Except as otherwise provided in Subsections (c), (d), and (e), a description of personal 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 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) 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 this Title is an insufficient description of: (1) a tort claim other than as a form of proceeds under R.S. 10:9-315; (2) in a consumer transaction, consumer goods, a security entitlement, a securities account, or a commodity account; (3) a life insurance policy; (4) a judgment, other than as a form of proceeds under R.S. 10:9-315; (5) a beneficial interest in a trust; (6) an interest in an estate; or (7) a collateral mortgage note. Acts 1988, No. 528, §1, eff. Jan. 1, 1990; Acts 1989, No. 135, §7, eff. Jan. 1, 1990; Acts 2001, No. 128, §1, eff. July 1, 2001.
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