{"data":{"id":"us-nd/n.d.-cent.-code-41-09-09","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 41-09-09","heading":"(9-109) Scope","body":"1.Except as otherwise provided in subsections 3 and 4, this chapter applies to:\na.A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;\nb.An agricultural lien;\nc.A sale of accounts, chattel paper, payment intangibles, or promissory notes;\nd.A consignment;\ne.A security interest arising under section 41-02-46, section 41-02-53, subsection 3 of section 41-02-90, or subsection 5 of section 41-02.1-56, as provided in section 41-09-10; and\nf.A security interest arising under section 41-04-22 or 41-05-18.\n2.Except as provided in section 47-19-41, 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.\n3.This chapter does not apply to the extent that:\na.A statute, regulation, or treaty of the United States preempts this chapter;\nb.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\nc.The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under section 41-05-14.\n4.This chapter does not apply to:\na.A landlord's lien, other than an agricultural lien;\nb.A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but section 41-09-53 applies with respect to priority of the lien;\nc.An assignment of a claim for wages, salary, or other compensation of an employee;\nd.A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose;\ne.An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;\nf.An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;\ng.An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a pre-existing indebtedness;\nh.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 41-09-35 and 41-09-42 apply with respect to proceeds and priorities in proceeds;\ni.An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;\nj.A right of recoupment or setoff, but:\n(1)Section 41-09-60 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts or certificates of deposit; and\n(2)Section 41-09-66 applies with respect to defenses or claims of an account debtor;\nk.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(1)Liens on real property in sections 41-09-13 and 41-09-28;\n(2)Fixtures in section 41-09-54;\n(3)Fixture filings in sections 41-09-72, 41-09-73, 41-09-87, and 41-09-90; and\n(4)Security agreements covering personal and real property in section 41-09-101;\nl.An assignment of a claim arising in tort, other than a commercial tort claim, but sections 41-09-35 and 41-09-42 apply with respect to proceeds and priorities in proceeds; or\nm.A transfer by this state or a governmental unit of this state.","path":["Title 41 Uniform Commercial Code","Chapter 41-09 Secured Transactions"],"source_url":"https://ndlegis.gov/cencode/t41c09.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"841f20cda85099546a44bc544042427515b07d3686be104a623b892633e3d0e5","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-41-09-08","next":"us-nd/n.d.-cent.-code-41-09-10"},"notice":"GroundRules: Original legal text. Not legal advice."}