Title 11, Chapter 9, Section 109
( 11-9-109)
Scope. (a) General scope of article. Except as otherwise provided in
subsections (c) and (d) of this Code 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 Code Section 11-2-401, Code Section 11-2-505, subsection (3) of Code Section 11-2-711, or subsection (5) of Code Section 11-2A-508, as provided in Code Section 11-9-110; and (6) A security interest arising under Code Section 11-4-210 or 11-5-118. (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, or priority; (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 Code Section 11-5-114. (d) Inapplicability of article. 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 Code Section 11-9-333 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 Code Sections 11-9-315 and 11-9-322 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 setoff, but: (A) Code Section 11-9-340 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and (B) Code Section 11-9-404 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 usufruct or rents thereunder,
except to the extent that provision is made for: (A) Liens on real property in Code Sections 11-9-203 and 11-9-308; (B) Fixtures in Code Section 11-9-334; (C) Fixture filings in Code Sections 11-9-501, 11-9-502, 11-9-512, 11-9-516, and 11-9-519; and (D) Security agreements covering personal and real property in Code Section 11-9-604; (12) An assignment of a claim arising in tort, other than a commercial tort claim, but Code Sections 11-9-315 and 11-9-322 apply with respect to proceeds and priorities in proceeds; (13) An assignment of a deposit account in a consumer transaction, but Code Sections 11-9-315 and 11-9-322 apply with respect to proceeds and priorities in proceeds; (14) An assignment of a lottery prize payable by this state or any
instrumentality of this state; (15) An assignment of a claim or right to receive payment as described in and to the extent limited by the provisions of Code Section 34-9-84 or by Article 4 of Chapter 12 of Title 51; or (16) A security interest created by or affecting property of this
state or any governmental unit of this state in any public finance
transaction, other than a security interest created by: (A) An authority activated under Chapter 62 of Title 36, the
"Development Authorities Law"; or (B) A local authority having as its principal function the
stimulation of industrial growth and the reduction of
unemployment. |