{"data":{"id":"us-nj/n.j.-stat.-12a-9-109","jurisdiction":"us-nj","citation":"N.J. Stat. § 12A:9-109","heading":"Scope.","body":"Scope.\n(a)\tGeneral scope of chapter.  Except as otherwise provided in subsections (c) and (d), this chapter applies to:\n(1)\ta transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;\n(2)\tan agricultural lien;\n(3)\ta sale of accounts, chattel paper, payment intangibles, or promissory notes;\n(4)\ta consignment;\n(5)\ta security interest arising under 12A:2-401, 12A:2-505, 12A:2-711(3), or 12A:2A-508(5), as provided in 12A:9-110; and\n(6)\ta security interest arising under 12A:4-210 or 12A:5-118.\n(b)\tSecurity interest in secured obligation.  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.\n(c)\tExtent to which chapter does not apply.  This chapter does not apply to the extent that:\n(1)\ta statute, regulation, or treaty of the United States preempts this chapter; or\n(2)\tthe rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under 12A:5-114.\n(d)\tInapplicability of chapter.  This chapter does not apply to:\n(1)\ta landlord's lien, other than an agricultural lien;\n(2)\ta lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but 12A:9-333 applies with respect to priority of the lien;\n(3)\tan assignment of a claim for wages, salary, or other compensation of an employee;\n(4)\ta 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)\tan assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;\n(6)\tan assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;\n(7)\tan assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;\n(8)\ta 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 12A:9-315 and 12A:9-322 apply with respect to proceeds and priorities in proceeds;\n(9)\tan 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)\t12A:9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and\n(B)\t12A: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)\tliens on real property in 12A:9-203 and 12A:9-308;\n(B)\tfixtures in 12A:9-334; and\n(C)\tfixture filings in 12A:9-501, 12A:9-502, 12A:9-512, 12A:9-516 and 12A:9-519; and\n(D)\tsecurity agreements covering personal and real property in 12A:9-604;\n(12)  an assignment of a claim arising in tort, other than a commercial tort claim, but 12A:9-315 and 12A:9-322 apply with respect to proceeds and priorities in proceeds;\n(13) an assignment of a deposit account in a consumer transaction, but 12A:9-315 and 12A:9-322 apply with respect to proceeds and priorities in proceeds; or\n(14)  a transfer by a government or governmental unit.\nL.2001, c.117, s.1; amended 2001, c.386, s.7.","path":["TITLE 12A COMMERCIAL TRANSACTIONS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"ed3e5130d3367b03910829907d81afbc22cbc8ea1324416a14dbaed7f929df46","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-12a-9-108","next":"us-nj/n.j.-stat.-12a-9-110"},"notice":"GroundRules: Original legal text. Not legal advice."}