§ 4-9-109 — Scope

(a) Except as otherwise provided in subsections (c) and (d) of this section, this chapter 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 § 4-2-401 , § 4-2-505 , § 4-2-711(3) , or § 4-2A-508(5) , as provided in § 4-9-110 ; and (6) a security interest arising under § 4-4-210 or § 4-5-118 . (b) The application of this chapter 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 chapter does not apply. (c) This chapter does not apply to the extent that: (1) a statute, regulation, or treaty of the United States preempts this chapter; or (2) the rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under § 4-5-114 . (d) This chapter 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 § 4-9-333 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, 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 §§ 4-9-315 and 4-9-322 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 4-9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and (B) Section 4-9-404 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 §§ 4-9-203 and 4-9-308 ; (B) fixtures in § 4-9-334 ; (C) fixture filings in §§ 4-9-501 , 4-9-502 , 4-9-512 , 4-9-516 , and 4-9-519 ; and (D) security agreements covering personal and real property in § 4-9-604 ; (12) an assignment of a claim arising in tort, other than a commercial tort claim, but §§ 4-9-315 and 4-9-322 apply with respect to proceeds and priorities in proceeds; (13) an assignment of a deposit account in a consumer transaction, but §§ 4-9-315 and 4-9-322 apply with respect to proceeds and priorities in proceeds; or (14) a transfer by a government or governmental unit.

Legislative History

Acts 2001, No. 1439, § 1; 2003, No. 204, § 1.