Except in a consumer-goods transaction, the following rules apply:
(1) The contents of a notification of disposition are sufficient if the notification:
(A) describes the debtor and the secured party;
(B) describes the collateral that is the subject of the intended disposition;
(C) states the method of intended disposition;
(D) states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
(E) states the time and place of a public disposition or the time after which any other disposition is to be made.
(2) Whether the contents of a notification that lacks any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact.
(3) The contents of a notification providing substantially the information specified in paragraph (1) are sufficient, even if the notification includes:
(A) information not specified by that paragraph; or
(B) minor errors that are not seriously misleading.
(4) A particular phrasing of the notification is not required.
(5) The following form of notification and the form appearing in § 4-9-614(3), when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL To: [ Name of debtor, obligor, or other person to which the notification is sent ] From: [ Name, address, and telephone number of secured party ] Name of Debtor(s): [ Include only if debtor(s) are not an addressee ] [ For a public disposition: ] We will sell [or lease or license, as applicable ] the [ describe collateral ] [to the highest qualified bidder] in public as follows: Day and Date: Time: Place: [ For a private disposition: ] We will sell [or lease or license, as applicable ] the [ describe collateral ] privately sometime after [ day and date ]. You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [or lease or license, as applicable ] [for a charge of $ ]. You may request an accounting by calling us at [ telephone number ]
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Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
Chapter 9 - Secured Transactions
Subpart 1 - Default and Enforcement of Security Interest
§ 4-9-602. Waiver and variance of rights and duties
§ 4-9-603. Agreement on standards concerning rights and duties
§ 4-9-604. Procedure if security agreement covers real property or fixtures
§ 4-9-605. Unknown debtor or secondary obligor
§ 4-9-606. Time of default for agricultural lien
§ 4-9-607. Collection and enforcement by secured party
§ 4-9-609. Secured party's right to take possession after default
§ 4-9-610. Disposition of collateral after default
§ 4-9-611. Notification before disposition of collateral
§ 4-9-612. Timeliness of notification before disposition of collateral
§ 4-9-613. Contents and form of notification before disposition of collateral: General
§ 4-9-615. Application of proceeds of disposition — Liability for deficiency and right to surplus
§ 4-9-616. Explanation of calculation of surplus or deficiency
§ 4-9-617. Rights of transferee of collateral
§ 4-9-618. Rights and duties of certain secondary obligors
§ 4-9-619. Transfer of record or legal title
§ 4-9-621. Notification of proposal to accept collateral
§ 4-9-622. Effect of acceptance of collateral