Community Bankers' Advisor

October, 2001 - Vol. 7, No. 8 i

 Page 1 

Welcome to the on-line
October issue of the
Community Bankers' Advisor
. . . . . . . . . . .

The Advisor is prepared by attorneys at Olson & Burns, P.C. to provide information pertaining to legal developments affecting the field of banking. In order to accomplish this objective, we welcome any comments our readers have regarding the content and format of this publication. Please address your comments to:

Community Bankers' Advisor
c/o Olson & Burns, P.C.
PO Box 1180
Minot, ND 58702-1180
email:
Olson & Burns P.C.

The attorneys at Olson & Burns represent a wide range of clients in the financial and commercial areas. Our attorneys have expertise in banking regulations, employment law, bank charter issues, bankruptcy, commercial paper, real estate, probate, and UCC matters.

Independent Community Banks of North Dakota

You are asking . . .

Q. We are claiming everything. Can we just state "all personal property" in the security agreement and the financing statement?

A. This is not enough for the security agreement. A security agreement must reasonably identify the collateral, and this description is absolutely not sufficient for a security agreement. N.D.C.C. § 41-09-08(3). However, this is enough for the financing statement. Super-generic descriptions like "all personal property" or "all assets" will suffice for the financing statement. N.D.C.C. § 41-09-75.

Q. Our borrower is going to get a substantial tax refund and we want to take a security interest in it. What do we call it under Revised Article 9?

A. This probably falls under the new creation known as a "payment intangible," which is a general intangible under which the principal obligation of the account debtor is to pay money. N.D.C.C. § 41-09-02(1)(mmm). Better yet, rather than guess into which category a tax refund falls, describe the tax refund itself, which would satisfy the "reasonably identifies" requirement of N.D.C.C. § 41-09-08.

 

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