Subpart 2. Applicability Of Article



 
    (810 ILCS 5/Art. 9 Pt. 1 Sub. 2 heading)
SUBPART 2. APPLICABILITY OF ARTICLE

    (810 ILCS 5/9-109) (from Ch. 26, par. 9-109)
    Sec. 9-109. Scope.
    (a) General scope of Article. 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) 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.
    (c) Extent to which Article does not apply. This Article does not apply to the extent that:
        (1) a statute, regulation, or treaty of the United
    
States preempts this Article;
        (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;
        (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;
        (4) the rights of a transferee beneficiary or
    
nominated person under a letter of credit are independent and superior under Section 5-114;
        (5) this Article is in conflict with Section 205-410
    
of the Department of Agriculture Law of the Civil Administrative Code of Illinois or the Grain Code; or
        (6) this Article is in conflict with Section 18-107
    
of the Public Utilities Act.
    (d) Inapplicability of Article. This Article does not apply to:
        (1) a landlord's 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) a transfer by a government or governmental
    
subdivision or agency;
        (14) a claim or a right to receive compensation for
    
injuries or sickness as described in Section 104(a)(1) or (2) of Title 26 of the United States Code, as amended from time to time; or
        (15) a claim or right to receive benefits under a
    
special needs trust as described in Section 1396p(d)(4) of Title 42 of the United States Code, as amended from time to time.
(Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)

    (810 ILCS 5/9-110) (from Ch. 26, par. 9-110)
    Sec. 9-110. Security interests arising under Article 2 or 2A. A security interest arising under Section 2-401, 2-505, 2-711(3), or 2A-508(5) is subject to this Article. However, until the debtor obtains possession of the goods:
        (1) the security interest is enforceable, even if

    
Section 9-203(b)(3) has not been satisfied;
        (2) filing is not required to perfect the security
    
interest;
        (3) the rights of the secured party after default by
    
the debtor are governed by Article 2 or 2A; and
        (4) the security interest has priority over a
    
conflicting security interest created by the debtor.
(Source: P.A. 91-893, eff. 7-1-01.)

    (810 ILCS 5/9-112) (from Ch. 26, par. 9-112)
    Sec. 9-112. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

    (810 ILCS 5/9-113) (from Ch. 26, par. 9-113)
    Sec. 9-113. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

    (810 ILCS 5/9-114) (from Ch. 26, par. 9-114)
    Sec. 9-114. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

    (810 ILCS 5/9-115) (from Ch. 26, par. 9-115)
    Sec. 9-115. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

    (810 ILCS 5/9-116)
    Sec. 9-116. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

    (810 ILCS 5/9-150)
    Sec. 9-150. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)