N.Y.
Uniform Commercial Code Law 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.
Source:
Section 9-109 — Scope, https://www.nysenate.gov/legislation/laws/UCC/9-109 (updated Sep. 22, 2014; accessed May 11, 2024).
