§ 12A-1-9-109. Scope of article.

SCOPE OF ARTICLE

(a)  Except as otherwise provided in subsections (c) and (d) of this section, 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, Section 2-505, paragraph (3) of Section 2-711, or paragraph (5) of Section 2A-508 of this title, as provided in Section 1-9-110 of this title; and

(6)  a security interest arising under Section 4-210 or 5-118 of this title.

(b)  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)  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 of this title.

(d)  This article does not apply to:

(1)  a landlord’s lien, other than an agricultural lien;

(2)  a lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but Section 1-9-333 of this title 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, 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 1-9-315 and 1-9-322 of this title 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 1-9-340 of this title applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and

(B)Section 1-9-404 of this title 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 Sections 1-9-203 and 1-9-308 of this title;

(B)fixtures in Section 1-9-334 of this title;

(C)fixture filings in Sections 1-9-501, 1-9-502, 1-9-512, 1-9-516, and 1-9-519 of this title; and

(D)security agreements covering personal and real property in Section 1-9-604 of this title; or

(12)  an assignment of a claim arising in tort, other than a commercial tort claim, but Sections 1-9-315 and 1-9-322 of this title apply with respect to proceeds and priorities in proceeds.

Added by Laws 2000, c. 371, § 9, eff. July 1, 2001.  Amended by Laws 2004, c. 153, § 2, eff. Nov. 1, 2004.