{"data":{"id":"us-de/6-del.-c.-9-109","jurisdiction":"us-de","citation":"6 Del. C. § 9-109","heading":"Scope.","body":"(a) General scope of Article. — Except as otherwise provided in subsections (c) and (d), this Article applies to:\n(1) a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;\n(2) an agricultural lien;\n(3) a sale of accounts, chattel paper, payment intangibles, or promissory notes;\n(4) a consignment;\n(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\n(6) a security interest arising under Section 4-210 or 5-118.\n(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.\n(c) Extent to which Article does not apply. — This Article does not apply to the extent that:\n(1) a statute, regulation, or treaty of the United States preempts this Article;\n(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;\n(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\n(4) the rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under Section 5-114.\n(d) Inapplicability of Article. — This Article does not apply to:\n(1) a landlord’s lien, other than an agricultural lien;\n(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;\n(3) an assignment of a claim for wages, salary, or other compensation of an employee;\n(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;\n(5) an assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;\n(6) an assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;\n(7) an assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;\n(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;\n(9) an assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;\n(10) a right of recoupment or set-off, but:\n(A) Section 9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and\n(B) Section 9-404 applies with respect to defenses or claims of an account debtor;\n(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:\n(A) liens on real property in Sections 9-203 and 9-308;\n(B) fixtures in Section 9-334;\n(C) fixture filings in Sections 9-501, 9-502, 9-512, 9-516, and 9-519; and\n(D) security agreements covering personal and real property in Section 9-604;\n(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\n(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.","path":["Title 6. Commerce and Trade","SUBTITLE I","Uniform Commercial Code","ARTICLE 9. Secured Transactions","Part 1","General Provisions"],"source_url":"https://delcode.delaware.gov/title6/c009/sc01/index.html#9-109","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:06Z","sha256":"b3948c291bfa8e70af21a8be570da6a1a0fba88867ce1133fc394ae58f50beaf","source_id":"us-de","stale":true,"prev":"us-de/6-del.-c.-9-108","next":"us-de/6-del.-c.-9-110"},"notice":"GroundRules: Original legal text. Not legal advice."}