P.R. Laws tit. 19, § 2218

2019-02-20
§ 2218. Sufficiency of description

(a) Sufficiency of description.— Except as otherwise provided in subsections (c), (d), and (e) of this section, 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) of this section, 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) of this section, a type of collateral defined in the Commercial Transactions Act;

(4) quantity;

(5) computational or allocational formula or procedure, or

(6) except as otherwise provided in subsection (c) of this section, 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) of this section, 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 the Commercial Transactions Act is an insufficient description of:

(1) A commercial tort claim;

(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 § 2265 of this title;

(5) an interest in an estate, or

(6) a beneficial interest in a trust.

History

—Sept. 19, 1996, No. 241, added as § 9–108 on Jan. 17, 2012, No. 21, § 11, eff. 1 year after Jan. 17, 2012.