Arkansas Code of 1987 (2023) › Title 4 - BUSINESS AND COMMERCIAL LAW (§§ 4-1-101 — 4-119-105) › Subtitle 1 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-11-106) › Chapter 9 - SECURED TRANSACTIONS (§§ 4-9-101 — 4-9-809) › Part 1 - GENERAL PROVISIONS (§§ 4-9-101 — 4-9-110) › 2 - APPLICABILITY OF CHAPTER (§§ 4-9-109 — 4-9-110) › Section 4-9-109 - 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 §
4-2-401
, §
4-2-505
, §
4-2-711(3)
, or §
4-2A-508(5)
, as provided in §
4-9-110
; and
(6)
a security interest arising under §
4-4-210
or §
4-5-118
.
(b)
The application of this chapter 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 chapter; or
(2)
the rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under §
4-5-114
.
(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 §
4-9-333
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 §§
4-9-315
and
4-9-322
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
4-9-340
applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and
(B)
Section
4-9-404
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 §§
4-9-203
and
4-9-308
;
(B)
fixtures in §
4-9-334
;
(C)
fixture filings in §§
4-9-501
,
4-9-502
,
4-9-512
,
4-9-516
, and
4-9-519
; and
(D)
security agreements covering personal and real property in §
4-9-604
;
(12)
an assignment of a claim arising in tort, other than a commercial tort claim, but §§
4-9-315
and
4-9-322
apply with respect to proceeds and priorities in proceeds;
(13)
an assignment of a deposit account in a consumer transaction, but §§
4-9-315
and
4-9-322
apply with respect to proceeds and priorities in proceeds; or
(14)
a transfer by a government or governmental unit.
Acts 2001, No. 1439, § 1; 2003, No. 204, § 1.