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The Vermont Statutes Online
Title
09A
:
Uniform Commercial Code
Chapter
009
:
Secured Transactions
§
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 2-401, 2-505, 2-711(3), or 2A-508(5), as
provided in section 9-110; and
(6) a security
interest arising under section 4-210 or 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) 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
(3) the rights
of a transferee beneficiary or nominated person under a letter of credit are
independent and superior under section 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 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 9-315 and 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
9-340 applies with respect to the effectiveness of rights of recoupment or
set-off against deposit accounts; and
(B) section
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 9-203 and 9-308;
(B) fixtures in
section 9-334;
(C) fixture
filings in sections 9-501, 9-502, 9-512, 9-516, and 9-519; and
(D) security
agreements covering personal and real property in section 9-604;
(12) an
assignment of a claim arising in tort, other than a commercial tort claim, but
sections 9-315 and 9-322 apply with respect to proceeds and priorities in
proceeds;
(13) an
assignment of a deposit account in a consumer transaction, but sections 9-315
and 9-322 apply with respect to proceeds and priorities in proceeds;
(14) a transfer
by this State or a subdivision, agency, department, county, municipality, or
other unit of the government of this State;
(15) a claim or
right to receive compensation for injuries or sickness as described in 26
U.S.C. § 104(a)(1) or (2); or
(16) a claim or
right to receive benefits under a special needs trust as described in 42 U.S.C.
§ 1396p(d)(4). (Added 1999, No. 106 (Adj. Sess.), § 2, eff. July 1, 2001;
amended 2001, No. 46, §§ 1a, 1b.)