2023 Arizona Revised Statutes › Title 47 - Uniform Commercial Code › § 47-9109 - Scope

47-9109.
Scope
A. Except as otherwise provided in subsections C and D of this section,  this chapter 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 47-2401 or 47-2505 or section 47-2711,  subsection C or section 47-2A508,  subsection E,  as provided in section 47-9110;  and
6. A security interest arising under section 47-4210 or 47-5118.
B. 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 chapter does not apply.
C. This chapter does not apply to the extent that:
1. A statute,  regulation or treaty of the United States preempts this article;
2. A statute of a foreign country or a governmental unit of 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 that country or governmental unit;  or
3. The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under section 47-5114.
D. This chapter 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 47-9333 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 that 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 47-9315 and 47-9322 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 setoff,  but:
(a) Section 47-9340 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts;  and
(b) Section 47-9404 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 47-9203 and 47-9308;
(b) Fixtures in section 47-9334;
(c) Fixture filings in sections 47-9501,  47-9502,  47-9512,  47-9516 and 47-9519;  and
(d) Security agreements covering personal and real property in section 47-9604;
12. An assignment of a claim arising in tort,  other than a commercial tort claim,  but sections 47-9315 and 47-9322 apply with respect to proceeds and priorities in proceeds;
13. An assignment of a deposit account in a consumer transaction,  but sections 47-9315 and 47-9322 apply with respect to proceeds and priorities in proceeds;
14. A transfer,  pledge,  assignment,  grant or similar action by this state,  another state or a governmental unit of this state or another state;
15. A claim or right to receive compensation for injuries or sickness as described in 26 United States Code section 104a(1) or (2);  or
16. A claim or right to receive benefits under a special needs trust as described in 42 United States Code section 1396p(d)(4).