N.Y. UCC Law § 9-109 — New York Code / Act UCC / Article 9 / Part 1 / Subpart 2 / Section 9-109
Scope
Status: in_force

Section 9--109. Scope.\n  (a) General scope of article. Except as otherwise provided in\nsubsections (c) and (d), this article applies to:\n       (1) a transaction, regardless of its form, that creates a\n           security interest in personal property or fixtures by\n           contract;\n       (2) an agricultural lien;\n       (3) a sale of accounts, chattel paper, payment intangibles, or\n           promissory notes;\n       (4) a consignment;\n       (5) a security interest arising under Section 2--401, 2--505,\n           2--711(3), or 2-A-508(5), as provided in Section 9--110;\n       (6) a security interest arising under Section 4--210 or 5--118;\n           and\n       (7) a security interest in a cooperative interest.\n  (b) Security interest in secured obligation. The application of this\narticle to a security interest in a secured obligation is not affected\nby the fact that the obligation is itself secured by a transaction or\ninterest to which this article does not apply.\n  (c) Extent to which article does not apply. This article does not\napply to the extent that:\n       (1) a statute, regulation, or treaty of the United States\n           preempts this article;\n       (2) another statute of this State expressly governs the creation,\n           perfection, priority, or enforcement of a security interest\n           created by this state or a governmental unit of this state;\n       (3) a statute of another state, a foreign country, or a\n           governmental unit of another state or a foreign country,\n           other than a statute generally applicable to security\n           interests, expressly governs creation, perfection, priority,\n           or enforcement of a security interest created by the state,\n           country, or governmental unit; or\n       (4) the rights of a transferee beneficiary or nominated person\n           under a letter of credit are independent and superior under\n           Section 5--114.\n  (d) Inapplicability of article. This article does not apply to:\n       (1) a landlord's lien, other than an agricultural lien, or a\n           security interest in a cooperative interest;\n       (2) a lien, other than an agricultural lien, given by statute or\n           other rule of law for services or materials, but Section\n           9--333 applies with respect to priority of the lien;\n       (3) an assignment of a claim for wages, salary, or other\n           compensation of an employee;\n       (4) a sale of accounts, chattel paper, payment intangibles, or\n           promissory notes as part of a sale of the business out of\n           which they arose;\n       (5) an assignment of accounts, chattel paper, payment\n           intangibles, or promissory notes which is for the purpose of\n           collection only;\n       (6) an assignment of a right to payment under a contract to an\n           assignee that is also obligated to perform under the\n           contract;\n       (7) an assignment of a single account, payment intangible, or\n           promissory note to an assignee in full or partial\n           satisfaction of a preexisting indebtedness;\n       (8) a transfer of an interest in or an assignment of a claim\n           under a policy of insurance or contract for an annuity\n           including a variable annuity other than an assignment by or\n           to a health-care provider of a health-care-insurance\n           receivable and any subsequent assignment of the right to\n           payment, but Sections 9--315 and 9--322 apply with respect to\n           proceeds and priorities in proceeds;\n       (9) an assignment of a right represented by a judgment, other\n           than a judgment taken on a right to payment that was\n           collateral;\n       (10) a right of recoupment or set-off, but:\n           (A) Section 9--340 applies with respect to the effectiveness\n               of rights of recoupment or set-off against deposit\n               accounts; and\n           (B) Section 9--404 applies with respect to defenses or claims\n               of an account debtor;\n       (11) the creation or transfer of an interest in or lien on real\n            property, including a lease or rents thereunder, except to\n            the extent that provision is made for:\n           (A) liens on real property in Section 9--203 and 9--308;\n           (B) fixtures in Section 9--334;\n           (C) fixture filings in Sections 9--501, 9--502, 9--512,\n               9--516, and 9--519;\n           (D) security agreements covering personal and real property\n               in Section 9--604; and\n           (E) security interests in cooperative interests;\n       (12) an assignment of a claim arising in tort, other than a\n            commercial tort claim, but Sections 9--315 and 9--322 apply\n            with respect to proceeds and priorities in proceeds; or\n       (13) an assignment of a deposit account in a consumer\n            transaction, but Sections 9--315 and 9--322 apply with\n            respect to proceeds and priorities in proceeds.\n