{"data":{"id":"us-nm/55-2a-217","jurisdiction":"us-nm","citation":"55-2A-217","heading":"Identification.","body":"Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:\n(a) when the lease contract is made if the lease contract is for a lease of goods that are existing and identified;\n(b) when the goods are shipped, marked or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or\n(c) when the young are conceived, if the lease contract is for a lease of unborn young of animals.\nOFFICIAL COMMENTS\nUCC Official Comments © by ALI \u0026 the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.\nUniform Statutory Source. - Section 2-501 [55-2-501 NMSA 1978].\nChanges. - This section, together with Section 2A-218 [55-2A-218 NMSA 1978], is derived from the provisions of Section 2-501 [55-2-501 NMSA 1978], with changes to reflect lease terminology; however, this section omits as irrelevant to leasing practice the treatment of special property.\nPurposes. - With respect to subsection (b) there is a certain amount of ambiguity in the reference to when goods are designated, e.g., when the lessor is both selling and leasing goods to the same lessee/buyer and has marked goods for delivery but has not distinguished between those related to the lease contract and those related to the sales contract. As in Section 2-501(1)(b) [55-2-501 NMSA 1978], this issue has been left to be resolved by the courts, case by case.\nCross References. - Sections 2-501 and 2A-218 [55-2-501 and 55-2A-218 NMSA 1978, respectively].\n\"Agreement\". Section 1-201(3) [55-1-201 NMSA 1978].\n\"Goods\". Section 2A-103(1)(h) [55-2A-103 NMSA 1978].\n\"Lease\". Section 2A-103(1)(j) [55-2A-103 NMSA 1978].\n\"Lease contract\". Section 2A-103(1)(l) [55-2A-103 NMSA 1978].\n\"Lessor\". Section 2A-103(1)(p) [55-2A-103 NMSA 1978].\n\"Party\". Section 1-201(29) [55-1-201 NMSA 1978].","path":["Chapter 55 - Uniform Commercial Code","ARTICLE 2A Leases"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18558/index.do","current_through":"2024-04-27","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"9571b62919001561ef65650ab501b1ed63d6bb428fa4737d1b706453f432efe5","source_id":"us-nm","stale":false,"prev":"us-nm/55-2a-216","next":"us-nm/55-2a-218"},"notice":"GroundRules: Original legal text. Not legal advice."}