§ 34.1-9-109 — Scope

(a) Except as otherwise provided in subsections (c) and
(d), this article applies to:
(i) A transaction, regardless of its form, that
creates a security interest in personal property or fixtures by
contract;
(ii) An agricultural lien;
(iii) A sale of accounts, chattel paper, payment
intangibles or promissory notes;
(iv) A consignment;
(v) A security interest arising under section
34.1-2-401, 34.1-2-505, 34.1-2-711(c) or 34.1-2A-508(e), as
provided in section 34.1-9-110; and
(vi) A security interest arising under section
34.1-4-210 or 34.1-5-118.
(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:
(i) A statute, regulation or treaty of the United
States preempts this article;
(ii) 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;
(iii) 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
(iv) The rights of a transferee beneficiary or
nominated person under a letter of credit are independent and
superior under section 34.1-5-114.
(d) This article does not apply to:
(i) A landlord's lien, other than an agricultural
lien;
(ii) A lien, other than an agricultural lien, given
by statute or other rule of law for services or materials, but
section 34.1-9-333 applies with respect to priority of the lien;
(iii) An assignment of a claim for wages, salary or
other compensation of an employee;
(iv) A sale of accounts, chattel paper, payment
intangibles or promissory notes as part of a sale of the
business out of which they arose;
(v) An assignment of accounts, chattel paper, payment
intangibles or promissory notes which is for the purpose of
collection only;
(vi) An assignment of a right to payment under a
contract to an assignee that is also obligated to perform under
the contract;
(vii) An assignment of a single account, payment
intangible or promissory note to an assignee in full or partial
satisfaction of a preexisting indebtedness;
(viii) 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 34.1-9-315 and 34.1-9-322 apply with
respect to proceeds and priorities in proceeds;
(ix) An assignment of a right represented by a
judgment, other than a judgment taken on a right to payment that
was collateral;
(x) A right of recoupment or set-off, but:
(A) Section 34.1-9-340 applies with respect to
the effectiveness of rights of recoupment or set-off against
deposit accounts; and
(B) Section 34.1-9-404 applies with respect to
defenses or claims of an account debtor.
(xi) 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
34.1-9-203 and 34.1-9-308;
(B) Fixtures in section 34.1-9-334;
(C) Fixture filings in sections 34.1-9-501,
34.1-9-502, 34.1-9-512, 34.1-9-516 and 34.1-9-519; and
(D) Security agreements covering personal and
real property in section 34.1-9-604.
(xii) An assignment of a claim arising in tort, other
than a commercial tort claim, but sections 34.1-9-315 and
34.1-9-322 apply with respect to proceeds and priorities in
proceeds;
(xiii) An assignment of a deposit account in a
consumer transaction, but sections 34.1-9-315 and 34.1-9-322
apply with respect to proceeds and priorities in proceeds; or
(xiv) Notwithstanding paragraph (c)(ii) of this
section, a transfer by this state or governmental unit of this
state.