Legislation
SECTION 9-109
Scope
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 1, SUBPART 2
Section 9--109. Scope.
(a) General scope of article. Except as otherwise provided in
subsections (c) and (d), this article applies to:
(1) a transaction, regardless of its form, that creates a
security interest in personal property or fixtures by
contract;
(2) an agricultural lien;
(3) a sale of accounts, chattel paper, payment intangibles, or
promissory notes;
(4) a consignment;
(5) a security interest arising under Section 2--401, 2--505,
2--711(3), or 2-A-508(5), as provided in Section 9--110;
(6) a security interest arising under Section 4--210 or 5--118;
and
(7) a security interest in a cooperative interest.
(b) Security interest in secured obligation. The application of this
article to a security interest in a secured obligation is not affected
by the fact that the obligation is itself secured by a transaction or
interest to which this article does not apply.
(c) Extent to which article does not apply. This article does not
apply to the extent that:
(1) a statute, regulation, or treaty of the United States
preempts this article;
(2) another statute of this State expressly governs the creation,
perfection, priority, or enforcement of a security interest
created by this state or a governmental unit of this state;
(3) a statute of another state, a foreign country, or a
governmental unit of another state or a foreign country,
other than a statute generally applicable to security
interests, expressly governs creation, perfection, priority,
or enforcement of a security interest created by the state,
country, or governmental unit; or
(4) the rights of a transferee beneficiary or nominated person
under a letter of credit are independent and superior under
Section 5--114.
(d) Inapplicability of article. This article does not apply to:
(1) a landlord's lien, other than an agricultural lien, or a
security interest in a cooperative interest;
(2) a lien, other than an agricultural lien, given by statute or
other rule of law for services or materials, but Section
9--333 applies with respect to priority of the lien;
(3) an assignment of a claim for wages, salary, or other
compensation of an employee;
(4) a sale of accounts, chattel paper, payment intangibles, or
promissory notes as part of a sale of the business out of
which they arose;
(5) an assignment of accounts, chattel paper, payment
intangibles, or promissory notes which is for the purpose of
collection only;
(6) an assignment of a right to payment under a contract to an
assignee that is also obligated to perform under the
contract;
(7) an assignment of a single account, payment intangible, or
promissory note to an assignee in full or partial
satisfaction of a preexisting indebtedness;
(8) a transfer of an interest in or an assignment of a claim
under a policy of insurance or contract for an annuity
including a variable annuity other than an assignment by or
to a health-care provider of a health-care-insurance
receivable and any subsequent assignment of the right to
payment, but Sections 9--315 and 9--322 apply with respect to
proceeds and priorities in proceeds;
(9) an assignment of a right represented by a judgment, other
than a judgment taken on a right to payment that was
collateral;
(10) a right of recoupment or set-off, but:
(A) Section 9--340 applies with respect to the effectiveness
of rights of recoupment or set-off against deposit
accounts; and
(B) Section 9--404 applies with respect to defenses or claims
of an account debtor;
(11) the creation or transfer of an interest in or lien on real
property, including a lease or rents thereunder, except to
the extent that provision is made for:
(A) liens on real property in Section 9--203 and 9--308;
(B) fixtures in Section 9--334;
(C) fixture filings in Sections 9--501, 9--502, 9--512,
9--516, and 9--519;
(D) security agreements covering personal and real property
in Section 9--604; and
(E) security interests in cooperative interests;
(12) an assignment of a claim arising in tort, other than a
commercial tort claim, but Sections 9--315 and 9--322 apply
with respect to proceeds and priorities in proceeds; or
(13) an assignment of a deposit account in a consumer
transaction, but Sections 9--315 and 9--322 apply with
respect to proceeds and priorities in proceeds.
(a) General scope of article. Except as otherwise provided in
subsections (c) and (d), this article applies to:
(1) a transaction, regardless of its form, that creates a
security interest in personal property or fixtures by
contract;
(2) an agricultural lien;
(3) a sale of accounts, chattel paper, payment intangibles, or
promissory notes;
(4) a consignment;
(5) a security interest arising under Section 2--401, 2--505,
2--711(3), or 2-A-508(5), as provided in Section 9--110;
(6) a security interest arising under Section 4--210 or 5--118;
and
(7) a security interest in a cooperative interest.
(b) Security interest in secured obligation. The application of this
article to a security interest in a secured obligation is not affected
by the fact that the obligation is itself secured by a transaction or
interest to which this article does not apply.
(c) Extent to which article does not apply. This article does not
apply to the extent that:
(1) a statute, regulation, or treaty of the United States
preempts this article;
(2) another statute of this State expressly governs the creation,
perfection, priority, or enforcement of a security interest
created by this state or a governmental unit of this state;
(3) a statute of another state, a foreign country, or a
governmental unit of another state or a foreign country,
other than a statute generally applicable to security
interests, expressly governs creation, perfection, priority,
or enforcement of a security interest created by the state,
country, or governmental unit; or
(4) the rights of a transferee beneficiary or nominated person
under a letter of credit are independent and superior under
Section 5--114.
(d) Inapplicability of article. This article does not apply to:
(1) a landlord's lien, other than an agricultural lien, or a
security interest in a cooperative interest;
(2) a lien, other than an agricultural lien, given by statute or
other rule of law for services or materials, but Section
9--333 applies with respect to priority of the lien;
(3) an assignment of a claim for wages, salary, or other
compensation of an employee;
(4) a sale of accounts, chattel paper, payment intangibles, or
promissory notes as part of a sale of the business out of
which they arose;
(5) an assignment of accounts, chattel paper, payment
intangibles, or promissory notes which is for the purpose of
collection only;
(6) an assignment of a right to payment under a contract to an
assignee that is also obligated to perform under the
contract;
(7) an assignment of a single account, payment intangible, or
promissory note to an assignee in full or partial
satisfaction of a preexisting indebtedness;
(8) a transfer of an interest in or an assignment of a claim
under a policy of insurance or contract for an annuity
including a variable annuity other than an assignment by or
to a health-care provider of a health-care-insurance
receivable and any subsequent assignment of the right to
payment, but Sections 9--315 and 9--322 apply with respect to
proceeds and priorities in proceeds;
(9) an assignment of a right represented by a judgment, other
than a judgment taken on a right to payment that was
collateral;
(10) a right of recoupment or set-off, but:
(A) Section 9--340 applies with respect to the effectiveness
of rights of recoupment or set-off against deposit
accounts; and
(B) Section 9--404 applies with respect to defenses or claims
of an account debtor;
(11) the creation or transfer of an interest in or lien on real
property, including a lease or rents thereunder, except to
the extent that provision is made for:
(A) liens on real property in Section 9--203 and 9--308;
(B) fixtures in Section 9--334;
(C) fixture filings in Sections 9--501, 9--502, 9--512,
9--516, and 9--519;
(D) security agreements covering personal and real property
in Section 9--604; and
(E) security interests in cooperative interests;
(12) an assignment of a claim arising in tort, other than a
commercial tort claim, but Sections 9--315 and 9--322 apply
with respect to proceeds and priorities in proceeds; or
(13) an assignment of a deposit account in a consumer
transaction, but Sections 9--315 and 9--322 apply with
respect to proceeds and priorities in proceeds.