Arkansas § 4-9-109 - Scope.

§ 4-9-109. Scope.

Except as otherwise provided in subsections (c) and (d) of this section, this chapter applies to: a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract; an agricultural lien; a sale of accounts, chattel paper, payment intangibles, or promissory notes; a consignment; a security interest arising under § 4-2-401, § 4-2-505, § 4-2-711(3), or § 4-2A-508(5), as provided in § 4-9-110; and a security interest arising under § 4-4-210 or § 4-5-118. The application of this chapter 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 chapter does not apply. This chapter does not apply to the extent that: a statute, regulation, or treaty of the United States preempts this chapter; or the rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under § 4-5-114. This chapter does not apply to: a landlord's lien, other than an agricultural lien; a lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but § 4-9-333 applies with respect to priority of the lien; an assignment of a claim for wages, salary, or other compensation of an employee; a sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose; an assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only; an assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract; an assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness; 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 §§ 4-9-315 and 4-9-322 apply with respect to proceeds and priorities in proceeds; an assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral; a right of recoupment or set-off, but: Section 4-9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and Section 4-9-404 applies with respect to defenses or claims of an account debtor; 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: liens on real property in §§ 4-9-203 and 4-9-308; fixtures in § 4-9-334; fixture filings in §§ 4-9-501, 4-9-502, 4-9-512, 4-9-516, and 4-9-519; and security agreements covering personal and real property in § 4-9-604; an assignment of a claim arising in tort, other than a commercial tort claim, but §§ 4-9-315 and 4-9-322 apply with respect to proceeds and priorities in proceeds; an assignment of a deposit account in a consumer transaction, but §§ 4-9-315 and 4-9-322 apply with respect to proceeds and priorities in proceeds; or a transfer by a government or governmental unit.