2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 9 - SECURED TRANSACTIONS (§§ 4-9-101 — 4-9-809) › Part 1 - GENERAL PROVISIONS (§§ 4-9-101 — 4-9-110) › Section 4-9-109 - Scope

(a)
Except as otherwise provided in subsections (c), (d), and (e) of this section, 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
4-2-401
,
4-2-505
,
4-2-711(3)
, or
4-2.5-508(5)
, as provided in section
4-9-110
; and
(6)
A security interest arising under section
4-4-210
or
4-5-117.5
.
(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 article does not apply.
(c)
This article does not apply to the extent that:
(1)
A statute, regulation, or treaty of the United States preempts this article;
(2)
A statute of this state governs or a constitutional provision provides authority for the creation, perfection, priority, or enforcement of tax liens;
(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
4-5-114
.
(d)
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
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 sections
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 sections
4-9-203
and
4-9-308
;
(B)
Fixtures in section
4-9-334
;
(C)
Fixture filings in sections
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 section
4-9-604
;
(12)
An assignment of a claim arising in tort, other than a commercial tort claim, but sections
4-9-315
and
4-9-322
apply with respect to proceeds and priorities in proceeds;
(13)
An assignment of a consumer deposit account in any transaction, but sections
4-9-315
and
4-9-322
apply with respect to proceeds and priorities in proceeds;
(13.5)
An assignment of a deposit account in transactions where the principal or the maximum line of credit on a revolving loan account do not exceed one hundred thousand dollars, but sections
4-9-315
and
4-9-322
apply with respect to proceeds and priorities in proceeds. A "revolving loan account" means an arrangement between a creditor and a debtor whereby the lender may permit the debtor, from time to time, to purchase or lease on credit or to obtain loans from the creditor.
(14)
An assignment of an individual retirement account as defined in
26 U.S.C. sec. 408
; or
(15)
An assignment of any plan as defined in
26 U.S.C. sec. 401
.
(e)
The creation, perfection, priority, and enforcement of a security interest, lien, or pledge created by this state or a governmental unit of this state shall be governed by section
11-57-208(2)
, C.R.S., and this article shall not apply to such a security interest, lien, or pledge regardless of whether, pursuant to section
11-57-204(1)
, C.R.S., the state or such governmental unit elected to apply part 2 of article
57
of title
11
, C.R.S., to such a security interest, lien, or pledge.
L. 2001: Entire article R&RE, p. 1331, § 1, effective July 1.
(1) The provisions of this section are similar to former §§ 4-9-102 and 4-9-104 as they existed prior to 2001.
(2)
Colorado legislative change:
Colorado added subsection (e) to the list of exceptions in subsection (a) and added a new subsection (e). In subsection (c)(2), Colorado did not adopt the word "expressly" before the word "governs", added the phrase "or a constitutional provision provides authority for", and substituted the phrase "tax liens" for the phrase "a security interest created by this State or a governmental unit of this State". Colorado added new paragraphs (13.5), (14), and (15) to subsection (d).