N.Y. UCC Law § 9-408
This is the official text of N.Y. UCC Law § 9-408, 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.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Restrictions on Assignment of Promissory Notes, Health-care-insurance Receivables, and Certain General Intangibles Ineffective
Official statutory text
Section 9--408. Restrictions on Assignment of Promissory Notes,\n Health-care-insurance Receivables, and Certain General\n Intangibles Ineffective.\n (a) Term restricting assignment generally ineffective. Except as\notherwise provided in subsection (b), a term in a promissory note or in\nan agreement between an account debtor and a debtor which relates to a\nhealth-care-insurance receivable or a general intangible, including a\ncontract, permit, license, or franchise, and which term prohibits,\nrestricts, or requires the consent of the person obligated on the\npromissory note or the account debtor to, the assignment or transfer of,\nor creation, attachment, or perfection of a security interest in, the\npromissory note, health-care-insurance receivable, or general\nintangible, is ineffective to the extent that the term:\n (1) would impair the creation, attachment, or perfection of a\n security interest; or\n (2) provides that the assignment or transfer or the creation,\n attachment, or perfection of the security interest may give\n rise to a default, breach, right of recoupment, claim,\n defense, termination, right of termination, or remedy under\n the promissory note, health-care-insurance receivable, or\n general intangible.\n (b) Applicability of subsection (a) to sales of certain rights to\npayment. Subsection (a) applies to a security interest in a payment\nintangible or promissory note only if the security interest arises out\nof a sale of the payment intangible or promissory note.\n (c) Limitation on ineffectiveness under subsection (a). To the extent\nthat a term in a promissory note or in an agreement between an account\ndebtor and a debtor which relates to a health-care-insurance receivable\nor general intangible would be effective under law other than this\narticle but is ineffective under subsection (a), the creation,\nattachment, or perfection of a security interest in the promissory note,\nhealth-care-insurance receivable, or general intangible:\n (1) is not enforceable against the person obligated on the\n promissory note or the account debtor;\n (2) does not impose a duty or obligation on the person obligated\n on the promissory note or the account debtor;\n (3) does not require the person obligated on the promissory note\n or the account debtor to recognize the security interest, pay\n or render performance to the secured party, or accept payment\n or performance from the secured party;\n (4) does not entitle the secured party to use or assign the\n debtor's rights under the promissory note,\n health-care-insurance receivable, or general intangible,\n including any related information or materials furnished to\n the debtor in the transaction giving rise to the promissory\n note, health-care-insurance receivable, or general\n intangible;\n (5) does not entitle the secured party to use, assign, possess,\n or have access to any trade secrets or confidential\n information of the person obligated on the promissory note or\n the account debtor; and\n (6) does not entitle the secured party to enforce the security\n interest in the promissory note, health-care-insurance\n receivable, or general intangible.\n (d) Inapplicability. This section does not apply to:\n (1) a claim or right to receive compensation for injuries or\n sickness as described in 26 U.S.C. § 104(a)(1) and (2), as\n amended from time to time, or\n (2) a claim or right to receive benefits under a special needs\n trust as described in 42 U.S.C. § 1396p (d)(4), as amended\n from time to time.\n (e) "Promissory note"
n does not apply to:\n (1) a claim or right to receive compensation for injuries or\n sickness as described in 26 U.S.C. § 104(a)(1) and (2), as\n amended from time to time, or\n (2) a claim or right to receive benefits under a special needs\n trust as described in 42 U.S.C. § 1396p (d)(4), as amended\n from time to time.\n (e) "Promissory note". In this section, "promissory note" includes a\nnegotiable instrument that evidences chattel paper.\n
n does not apply to:\n (1) a claim or right to receive compensation for injuries or\n sickness as described in 26 U.S.C. § 104(a)(1) and (2), as\n amended from time to time, or\n (2) a claim or right to receive benefits under a special needs\n trust as described in 42 U.S.C. § 1396p (d)(4), as amended\n from time to time.\n (e) "Promissory note". In this section, "promissory note" includes a\nnegotiable instrument that evidences chattel paper.\n
Status: in_force · Read it on the official government site
Need a lawyer in New York?
Find a New York lawyer
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.