(a) Except as otherwise provided in subsections (c), (d), and
(e) 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 4-2-401, 4-2-505, 4-2-711 (3), or
4-2.5-508 (5), as provided in section 4-9-110; and
(6) A security interest arising under section 4-4-210 or 4-5-117.5.
(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) A statute of this state governs or a constitutional provision provides
authority for the creation, perfection, priority, or enforcement of tax liens;
(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 4-5-114.
(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 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 sections 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 sections 4-9-203 and 4-9-308;
(B) Fixtures in section 4-9-334;
(C) Fixture filings in sections 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 section 4-9-604;
(12) An assignment of a claim arising in tort, other than a commercial tort
claim, but sections 4-9-315 and 4-9-322 apply with respect to proceeds and
priorities in proceeds;
(13) An assignment of a consumer deposit account in any transaction, but
sections 4-9-315 and 4-9-322 apply with respect to proceeds and priorities in
proceeds;
(13.5) An assignment of a deposit account in transactions where the principal
or the maximum line of credit on a revolving loan account do not exceed one
hundred thousand dollars, but sections 4-9-315 and 4-9-322 apply with respect to
proceeds and priorities in proceeds. A revolving loan account means an
arrangement between a creditor and a debtor whereby the lender may permit the
debtor, from time to time, to purchase or lease on credit or to obtain loans from the
creditor.
(14) An assignment of an individual retirement account as defined in 26
U.S.C. sec. 408; or
(15) An assignment of any plan as defined in 26 U.S.C. sec. 401.
(e) The creation, perfection, priority, and enforcement of a security interest,
lien, or pledge created by this state or a governmental unit of this state shall be
governed by section 11-57-208 (2), C.R.S., and this article shall not apply to such a
security interest, lien, or pledge regardless of whether, pursuant to section 11-57-204 (1), C.R.S., the state or such governmental unit elected to apply part 2 of article
57 of title 11, C.R.S., to such a security interest, lien, or pledge.