NH Rev Stat § 382-A:9-109 (2021)
2021 New Hampshire Revised Statutes|Title XXXIV-A - Uniform Commercial Code|Title 382-A - Uniform Commercial Code|Section 382-A:9-109 - Scope.

    382-A: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; or||(4) the rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under Section 5-114.||(d) Inapplicability of article. 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 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; or||(13) an assignment of a deposit account in a consumer transaction, but Sections 9-315 and 9-322 apply with respect to proceeds and priorities in proceeds.|||Source. 2001, 102:25, eff. July 1, 2001.|