RSA 382-A:9-109 · Scope

382-A:9-109 Scope. –

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(a)

General scope of article. Except as otherwise provided in subsections (c) and (d), this article applies to:

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(1)

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

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(2)

an agricultural lien;

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(3)

a sale of accounts, chattel paper, payment intangibles, or promissory notes;

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(4)

a consignment;

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(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

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(6)

a security interest arising under Section 4-210 or 5-118.

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(b)

Security interest in secured obligation. 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.

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(c)

Extent to which article does not apply. This article does not apply to the extent that:

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(1)

a statute, regulation, or treaty of the United States preempts this article;

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(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;

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(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

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(4)

the rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under Section 5-114.

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(d)

Inapplicability of article. This article does not apply to:

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(1)

a landlord's lien, other than an agricultural lien;

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(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;

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(3)

an assignment of a claim for wages, salary, or other compensation of an employee;

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(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;

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(5)

an assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;

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(6)

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

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(7)

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

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(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;

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(9)

an assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;

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(10)

a right of recoupment or set-off, but:

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(A)

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

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(B)

Section 9-404 applies with respect to defenses or claims of an account debtor;

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(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:

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(A)

liens on real property in Sections 9-203 and 9-308;

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(B)

fixtures in Section 9-334;

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(C)

fixture filings in Sections 9-501, 9-502, 9-512, 9-516, and 9-519; and

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(D)

security agreements covering personal and real property in Section 9-604;

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(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; or

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(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. Source. 2001, 102:25, eff. July 1, 2001.

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