400.9-109. Scope.
Scope.
400.9-109. (a) Except as otherwise provided in subsections (c) and(d), this article applies to:
(1) A transaction, regardless of its form, that creates a securityinterest in personal property or fixtures by contract;
(2) An agricultural lien;
(3) A sale of accounts, chattel paper, payment intangibles, orpromissory notes;
(4) A consignment;
(5) A security interest arising under section 400.2-401, 400.2-505,400.2-711(3) or 400.2A-508(5), as provided in section 400.9-110; and
(6) A security interest arising under section 400.4-210 or 400.5-118.
(b) The application of this article to a security interest in asecured obligation is not affected by the fact that the obligation isitself secured by a transaction or interest to which this article does notapply.
(c) This article does not apply to the extent that:
(1) A statute, regulation, or treaty of the United States preemptsthis article;
(2) Another statute of this state expressly governs the creation,perfection, priority, or enforcement of a security interest created by thisstate or a governmental unit of this state;
(3) A statute of another state, a foreign country, or a governmentalunit of another state or a foreign country, other than a statute generallyapplicable 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 undera letter of credit are independent and superior under section 400.5-114.
(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 orother rule of law for services or materials, but section 400.9-333 applieswith respect to priority of the lien;
(3) An assignment of a claim for wages, salary, or other compensationof an employee;
(4) A sale of accounts, chattel paper, payment intangibles, orpromissory notes as part of a sale of the business out of which they arose;
(5) An assignment of accounts, chattel paper, payment intangibles, orpromissory notes which is for the purpose of collection only;
(6) An assignment of a right to payment under a contract to anassignee that is also obligated to perform under the contract;
(7) An assignment of a single account, payment intangible, orpromissory note to an assignee in full or partial satisfaction of apreexisting indebtedness;
(8) A transfer of an interest in or an assignment of a claim under apolicy of insurance, other than an assignment by or to a health-careprovider of a health-care-insurance receivable and any subsequentassignment of the right to payment, but sections 400.9-315 and 400.9-322apply with respect to proceeds and priorities in proceeds;
(9) An assignment of a right represented by a judgment, other than ajudgment taken on a right to payment that was collateral;
(10) A right of recoupment or set-off, but:
(A) Section 400.9-340 applies with respect to the effectiveness ofrights of recoupment or set-off against deposit accounts; and
(B) Section 400.9-404 applies with respect to defenses or claims ofan account debtor;
(11) The creation or transfer of an interest in or lien on realproperty, including a lease or rents thereunder, except to the extent thatprovision is made for:
(A) Liens on real property in sections 400.9-203 and 400.9-308;
(B) Fixtures in section 400.9-334;
(C) Fixture filings in sections 400.9-501, 400.9-502, 400.9-512,400.9-516 and 400.9-519; and
(D) Security agreements covering personal and real property insection 400.9-604;
(12) An assignment of a claim arising in tort, other than acommercial tort claim, but sections 400.9-315 and 400.9-322 apply withrespect to proceeds and priorities in proceeds; or
(13) An assignment of a deposit account in a consumer transaction,but sections 400.9-315 and 400.9-322 apply with respect to proceeds andpriorities in proceeds; or
(14) An assignment of a claim or right to receive compensation forinjuries or sickness as described in 26 U.S.C. Section 104(a)(1) or (2), asamended from time to time; or
(15) An assignment of a claim or right to receive benefits under aspecial needs trust as described in 42 U.S.C. Section 1396p(d)(4), asamended from time to time; or
(16) A transfer by a government or governmental subdivision oragency.
(L. 1963 p. 503 § 9-109, A.L. 2001 S.B. 288, A.L. 2002 S.B. 895)