2023 New York Laws › UCC - Uniform Commercial Code › Article 9 - Secured Transactions › Part 1 - General Provisions › Sub Part 2 - Applicability of Article › 9-109 - Scope

Section 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 2-A-508(5), as provided in Section 9--110;
(6) a security interest arising under Section 4--210  or  5--118;
and
(7) a security interest in a cooperative interest.
(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,  or  a
security interest in a cooperative interest;
(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  or  contract  for an annuity
including a variable annuity 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 Section 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;
(D) security agreements covering personal and  real  property
in Section 9--604; and
(E) security interests in cooperative interests;
(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.