34.1-9-109. Scope.

(a) Except as otherwise provided in subsections (c) and (d), this article applies to:

(i) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;

(ii) An agricultural lien;

(iii) A sale of accounts, chattel paper, payment intangibles or promissory notes;

(iv) A consignment;

(v) A security interest arising under section 34.1-2-401, 34.1-2-505, 34.1-2-711(c) or 34.1-2A-508(e), as provided in section 34.1-9-110; and

(vi) A security interest arising under section 34.1-4-210 or 34.1-5-118.

(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:

(i) A statute, regulation or treaty of the United States preempts this article;

(ii) 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;

(iii) 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

(iv) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under section 34.1-5-114.

(d) This article does not apply to:

(i) A landlord's lien, other than an agricultural lien;

(ii) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but section 34.1-9-333 applies with respect to priority of the lien;

(iii) An assignment of a claim for wages, salary or other compensation of an employee;

(iv) A sale of accounts, chattel paper, payment intangibles or promissory notes as part of a sale of the business out of which they arose;

(v) An assignment of accounts, chattel paper, payment intangibles or promissory notes which is for the purpose of collection only;

(vi) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;

(vii) An assignment of a single account, payment intangible or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;

(viii) 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 34.1-9-315 and 34.1-9-322 apply with respect to proceeds and priorities in proceeds;

(ix) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;

(x) A right of recoupment or set-off, but:

(A) Section 34.1-9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and

(B) Section 34.1-9-404 applies with respect to defenses or claims of an account debtor.

(xi) 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 34.1-9-203 and 34.1-9-308;

(B) Fixtures in section 34.1-9-334;

(C) Fixture filings in sections 34.1-9-501, 34.1-9-502, 34.1-9-512, 34.1-9-516 and 34.1-9-519; and

(D) Security agreements covering personal and real property in section 34.1-9-604.

(xii) An assignment of a claim arising in tort, other than a commercial tort claim, but sections 34.1-9-315 and 34.1-9-322 apply with respect to proceeds and priorities in proceeds;

(xiii) An assignment of a deposit account in a consumer transaction, but sections 34.1-9-315 and 34.1-9-322 apply with respect to proceeds and priorities in proceeds; or

(xiv) Notwithstanding paragraph (c)(ii) of this section, a transfer by this state or governmental unit of this state.