Section 28:9-104 - Transactions excluded from article

Transactions excluded from article

This article does not apply:

(a) to a security interest subject to any statute of the United States to the extent that such statute governs the rights of parties to and third parties affected by transactions in particular types of property; or

(b) to a landlord's lien; or

(c) to a lien given by statute or other rule of law for services or materials except as provided in section 28:9-310 on priority of such liens; or

(d) to a transfer of a claim for wages, salary or other compensation of an employee; or

(e) to a transfer by a government or governmental subdivision or agency; or

(f) to a sale of accounts or chattel paper as part of a sale of the business out of which they arose, or an assignment of accounts or chattel paper which is for the purpose of collection only, or a transfer of a right to payment under a contract to an assignee who is also to do the performance under the contract or a transfer of a single account to an assignee in whole or partial satisfaction of a preexisting indebtedness; or

(g) to a transfer of an interest in or claim in or under any policy of insurance, except as provided with respect to proceeds (section 28:9-306) and priorities in proceeds (section 28:9-312); or

(h) to a right represented by a judgment (other than a judgment taken on a right to payment which was collateral); or

(i) to any right of set-off; or

(j) except to the extent that provision is made for fixtures in section 28:9-313, to the creation or transfer of an interest in or lien on real estate, including a lease or rents thereunder; or

(k) to a transfer in whole or in part of any claim arising out of tort; or

(l) to a transfer of an interest in any deposit account (section 28:9-105 (1)), except as provided with respect to proceeds (section 28:9-306) and priorities in proceeds (section 28:9-312); or

(m) to a transfer of an interest in a letter of credit other than the rights to proceeds of a written letter of credit.

CREDIT(S)

(Dec. 30, 1963, 77 Stat. 748, Pub. L. 88-243, § 1; Mar. 16, 1982, D.C. Law 4-85, § 12, 29 DCR 309; Apr. 9, 1997, D.C. Law 11-238, § 3(e), 44 DCR 923.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 28:9-104.
1973 Ed., § 28:9-104.
Legislative History of Laws
For legislative history of D.C. Law 4-85, see Historical and Statutory Notes following § 28:9-102.
For legislative history of D.C. Law 11-238, see Historical and Statutory Notes following § 28:9-103.
For Law 13-201, see notes following § 28:9-101.

Current through September 13, 2012