§ 6A-9-109 - Scope.
SECTION 6A-9-109
§ 6A-9-109 Scope. – (a) General scope of chapter. Except as otherwise provided insubsections (c) and (d), this chapter applies to:
(1) A transaction, regardless of its form, that creates asecurity 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 §§ 6A-2-401,6A-2-505, 6A-2-711(3), or 6A-2.1-508(5), as provided in § 6A-9-110; and
(6) A security interest arising under § 6A-4-210 or6A-5-118.
(b) Security interest in secured obligation. Theapplication of this chapter to a security interest in a secured obligation isnot affected by the fact that the obligation is itself secured by a transactionor interest to which this chapter does not apply.
(c) Extent to which chapter does not apply. Thischapter does not apply to the extent that:
(1) A statute, regulation, or treaty of the United Statespreempts this chapter;
(2) Another statute of this State expressly governs thecreation, perfection, priority, or enforcement of a security interest createdby this State or a governmental unit of this State;
(3) A statute of another State, a foreign country, or agovernmental unit of another State or a foreign country, other than a statutegenerally applicable to security interests, expressly governs creation,perfection, priority, or enforcement of a security interest created by theState, country, or governmental unit; or
(4) The rights of a transferee beneficiary or nominatedperson under a letter of credit are independent and superior under §6A-5-114.
(d) Inapplicability of chapter. This chapter does notapply to:
(1) A landlord's lien, other than an agricultural lien;
(2) A lien, other than an agricultural lien, given by statuteor other rule of law for services or materials, but § 6A-9-333 applieswith respect to priority of the lien;
(3) An assignment of a claim for wages, salary, or othercompensation 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, paymentintangibles, or promissory notes which is for the purpose of collection only;
(6) An assignment of a right to payment under a contract toan assignee 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 a preexistingindebtedness;
(8) A transfer of an interest in or an assignment of a claimunder a policy of insurance, other than an assignment by or to a health-careprovider of a health-care-insurance receivable and any subsequent assignment ofthe right to payment, but §§ 6A-9-315 and 6A-9-322 apply with respectto proceeds and priorities in proceeds;
(9) An assignment of a right represented by a judgment, otherthan a judgment taken on a right to payment that was collateral;
(10) A right of recoupment or set-off, but:
(i) Section 6A-9-340 applies with respect to theeffectiveness of rights of recoupment or set-off against deposit accounts; and
(ii) Section 6A-9-404 applies with respect to defenses orclaims of an account debtor;
(11) The creation or transfer of an interest in or lien onreal property, including a lease or rents thereunder, except to the extent thatprovision is made for:
(i) Liens on real property in §§ 6A-9-203 and6A-9-308;
(ii) Fixtures in § 6A-9-334;
(iii) Fixture filings in §§ 6A-9-501, 6A-9-502,6A-9-512, 6A-9-516, and 6A-9-519; and
(iv) Security agreements covering personal and real propertyin § 6A-9-604;
(12) An assignment of a claim arising in tort, other than acommercial tort claim, but §§ 6A-9-315 and 6A-9-322 apply withrespect to proceeds and priorities in proceeds; or
(13) An assignment of a deposit account in a consumertransaction, but §§ 6A-9-315 and 6A-9-322 apply with respect toproceeds and priorities in proceeds.
(14) A claim or right to receive compensation for injuries orsickness as described in 26 U.S.C. § 104(a)(1) or (2), as amended fromtime to time; or
(15) A claim or right to receive benefits under a specialneeds trust as described in 42 U.S.C. § 1396p(d)(4), as amended from timeto time.