Georgia § 11-9-109 Scope

Georgia Statutes

§ 11-9-109 — Scope

Georgia § 11-9-109

Title11

This text of Georgia § 11-9-109 (Scope) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 11-9-109 (2026).

Text

(a)General scope of article. Except as otherwise provided in subsections (c) and (d) of this Code 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 Code Section 11-2-401 , Code Section 11-2-505 , subsection (3) of Code Section 11-2-711 , or subsection (5) of Code Section 11-2A-508 , as provided in Code Section 11-9-110 ; and (6) A security interest arising under Code Section 11-4-210 or 11-5-118 .

(b)Security interest in secured obligation. The application of this article to a security interest in a secured obligation is n

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(a) General scope of article. Except as otherwise provided in subsections (c) and (d) of this Code 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 Code Section 11-2-401 , Code Section 11-2-505 , subsection (3) of Code Section 11-2-711 , or subsection (5) of Code Section 11-2A-508 , as provided in Code Section 11-9-110 ; and (6) A security interest arising under Code Section 11-4-210 or 11-5-118 . (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, or priority; (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 Code Section 11-5-114 . (d) Inapplicability of article. 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 Code Section 11-9-333 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 Code Sections 11-9-315 and 11-9-322 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 setoff, but: (A) Code Section 11-9-340 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and (B) Code Section 11-9-404 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 usufruct or rents thereunder, except to the extent that provision is made for: (A) Liens on real property in Code Sections 11-9-203 and 11-9-308 ; (B) Fixtures in Code Section 11-9-334 ; (C) Fixture filings in Code Sections 11-9-501 , 11-9-502 , 11-9-512 , 11-9-516 , and 11-9-519 ; and (D) Security agreements covering personal and real property in Code Section 11-9-604 ; (12) An assignment of a claim arising in tort, other than a commercial tort claim, but Code Sections 11-9-315 and 11-9-322 apply with respect to proceeds and priorities in proceeds; (13) An assignment of a deposit account in a consumer transaction, but Code Sections 11-9-315 and 11-9-322 apply with respect to proceeds and priorities in proceeds; (14) An assignment of a lottery prize payable by this state or any instrumentality of this state; (15) An assignment of a claim or right to receive payment as described in and to the extent limited by the provisions of Code Section 34-9-84 or by Article 4 of Chapter 12 of Title 51; or (16) A security interest created by or affecting property of this state or any governmental unit of this state in any public finance transaction, other than a security interest created by: (A) An authority activated under Chapter 62 of Title 36, the "Development Authorities Law"; or (B) A local authority having as its principal function the stimulation of industrial growth and the reduction of unemployment.