N.Y. UCC Law § 9-109

This is the official text of N.Y. UCC Law § 9-109, part of New York’s UCC Law — part of the compiled statutory law of New York, published by the state as "UCC Law." Browse the sections below, each linked to its official government source.

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Scope

Official statutory text

Section 9--109. Scope.\n (a) General scope of article. Except as otherwise provided in\nsubsections (c) and (d), this article applies to:\n (1) a transaction, regardless of its form, that creates a\n security interest in personal property or fixtures by\n contract;\n (2) an agricultural lien;\n (3) a sale of accounts, chattel paper, payment intangibles, or\n promissory notes;\n (4) a consignment;\n (5) a security interest arising under Section 2--401, 2--505,\n 2--711(3), or 2-A-508(5), as provided in Section 9--110;\n (6) a security interest arising under Section 4--210 or 5--118;\n and\n (7) a security interest in a cooperative interest.\n (b) Security interest in secured obligation. The application of this\narticle to a security interest in a secured obligation is not affected\nby the fact that the obligation is itself secured by a transaction or\ninterest to which this article does not apply.\n (c) Extent to which article does not apply. This article does not\napply to the extent that:\n (1) a statute, regulation, or treaty of the United States\n preempts this article;\n (2) another statute of this State expressly governs the creation,\n perfection, priority, or enforcement of a security interest\n created by this state or a governmental unit of this state;\n (3) a statute of another state, a foreign country, or a\n governmental unit of another state or a foreign country,\n other than a statute generally applicable to security\n interests, expressly governs creation, perfection, priority,\n or enforcement of a security interest created by the state,\n country, or governmental unit; or\n (4) the rights of a transferee beneficiary or nominated person\n under a letter of credit are independent and superior under\n Section 5--114.\n (d) Inapplicability of article. This article does not apply to:\n (1) a landlord's lien, other than an agricultural lien, or a\n security interest in a cooperative interest;\n (2) a lien, other than an agricultural lien, given by statute or\n other rule of law for services or materials, but Section\n 9--333 applies with respect to priority of the lien;\n (3) an assignment of a claim for wages, salary, or other\n compensation of an employee;\n (4) a sale of accounts, chattel paper, payment intangibles, or\n promissory notes as part of a sale of the business out of\n which they arose;\n (5) an assignment of accounts, chattel paper, payment\n intangibles, or promissory notes which is for the purpose of\n collection only;\n (6) an assignment of a right to payment under a contract to an\n assignee that is also obligated to perform under the\n contract;\n (7) an assignment of a single account, payment intangible, or\n promissory note to an assignee in full or partial\n satisfaction of a preexisting indebtedness;\n (8) a transfer of an interest in or an assignment of a claim\n under a policy of insurance or contract for an annuity\n including a variable annuity other than an assignment by or\n to a health-care provider of a health-care-insurance\n receivable and any subsequent assignment of the right to\n payment, but Sections 9--315 and 9--322 apply with respect to\n proceeds and priorities in proceeds;\n (9) an assignment of a right represented by a judgment, other\n than a judgment taken on a right to payment that was\n collateral;\n (10) a right of recoupment or set-off, but:\n (A) Section 9--340 applies with respect to the effectiveness\n of rights of recoupment or set-off against deposit\n a
eds and priorities in proceeds;\n (9) an assignment of a right represented by a judgment, other\n than a judgment taken on a right to payment that was\n collateral;\n (10) a right of recoupment or set-off, but:\n (A) Section 9--340 applies with respect to the effectiveness\n of rights of recoupment or set-off against deposit\n accounts; and\n (B) Section 9--404 applies with respect to defenses or claims\n of an account debtor;\n (11) the creation or transfer of an interest in or lien on real\n property, including a lease or rents thereunder, except to\n the extent that provision is made for:\n (A) liens on real property in Section 9--203 and 9--308;\n (B) fixtures in Section 9--334;\n (C) fixture filings in Sections 9--501, 9--502, 9--512,\n 9--516, and 9--519;\n (D) security agreements covering personal and real property\n in Section 9--604; and\n (E) security interests in cooperative interests;\n (12) an assignment of a claim arising in tort, other than a\n commercial tort claim, but Sections 9--315 and 9--322 apply\n with respect to proceeds and priorities in proceeds; or\n (13) an assignment of a deposit account in a consumer\n transaction, but Sections 9--315 and 9--322 apply with\n respect to proceeds and priorities in proceeds.\n

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.