Subpart 2. 
Applicability of Article



 



§490:9-109  Scope.  (a)  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
490:2-401, 490:2-505, 490:2-711(3), or 490:2A-508(e), as provided in section
490:9-110; and



(6)  A security interest arising under section
490:4-210 or 490:5-118.



(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)  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 490:5-114.



(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 490:9-333
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 490:9-315 and 490:9-322 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 490:9-340 applies with respect to
the effectiveness of rights of recoupment or set-off against deposit accounts;
and



(B)  Section 490:9-404 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
490:9-203 and 490:9-308;



(B)  Fixtures in section 490:9-334;



(C)  Fixture filings in sections 490:9-501,
490:9-502, 490:9-512, 490:9-516, and 490:9-519; and



(D)  Security agreements covering personal and
real property in section 490:9-604;



(12)  An assignment of a claim arising in tort, other
than a commercial tort claim, but sections 490:9-315 and 490:9-322 apply with
respect to proceeds and priorities in proceeds;



(13)  An assignment of a deposit account in a consumer
transaction, but sections 490:9-315 and 490:9-322 apply with respect to
proceeds and priorities in proceeds;



(14)  A transfer by a governmental unit;



(15)  A claim or right to receive compensation for
injuries or sickness as described in section 386-57 or Title 26 United States
Code section 104(a)(1) or (2), as amended from time to time; or



(16)  A claim or right to receive benefits under a
special needs trust as described in Title 42 United States Code section
1396p(d)(4), as amended from time to time. [L 2000, c 241, pt of §1]