810 ILCS 5/9-109
2021 Illinois Compiled Statutes|Chapter 810 - COMMERCIAL CODE|810 ILCS 5/ - Uniform Commercial Code.|Article 9 - Secured Transactions

 (from Ch. 26, par. 9-109)Sec. 9-109.     Scope.(a) General scope of Article.  Except as otherwise provided in subsections  (c) and (d), this Article applies to:(1) a transaction, regardless of its form, that     creates a security 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 Section 2-401,     2-505, 2-711(3), or 2A-508(5), as provided in Section 9-110; and(6) a security interest arising under Section 4-210     or 5-118.(b) Security interest in secured obligation.  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) Extent to which Article does not apply.  This Article does not apply  to the extent that:(1) a statute, regulation, or treaty of the United     States preempts this Article;(2) 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;(3) 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;(4) the rights of a transferee beneficiary or     nominated person under a letter of credit are independent and superior under Section 5-114;(5) this Article is in conflict with Section 205-410     of the Department of Agriculture Law of the Civil Administrative Code of Illinois or the Grain Code; or(6) this Article is in conflict with Section 18-107     of the Public Utilities Act.(d) Inapplicability of Article.  This Article does not apply to:(1) a landlord's lien;(2) a lien, other than an agricultural lien, given by     statute or other rule of law for services or materials, but Section 9-333 applies with respect to priority of the lien;(3) an assignment of a claim for wages, salary, or     other compensation 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, payment     intangibles, or promissory notes which is for the purpose of collection only;(6) an assignment of a right to payment under a     contract to an assignee that is also obligated to perform under the contract;(7) an assignment of a single account, payment     intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;(8) 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 9-315 and 9-322 apply with respect to proceeds and priorities in proceeds;(9) an assignment of a right represented by a     judgment, other than a judgment taken on a right to payment that was collateral;(10) a right of recoupment or set-off, but:(A) Section 9-340 applies with respect to the         effectiveness of rights of recoupment or set-off against deposit accounts; and(B) Section 9-404 applies with respect to         defenses or claims of an account debtor;(11) 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 9-203 and         9-308;(B) fixtures in Section 9-334;(C) fixture filings in Sections 9-501, 9-502,         9-512, 9-516, and 9-519; and(D) security agreements covering personal and         real property in Section 9-604;(12) an assignment of a claim arising in tort, other     than a commercial tort claim, but Sections 9-315 and 9-322 apply with respect to proceeds and priorities in proceeds;(13) a transfer by a government or governmental     subdivision or agency;(14) a claim or a right to receive compensation for     injuries or sickness as described in Section 104(a)(1) or (2) of Title 26 of the United States Code, as amended from time to time; or(15) a claim or right to receive benefits under a     special needs trust as described in Section 1396p(d)(4) of Title 42 of the United States Code, as amended from time to time.   (Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)