{"data":{"id":"us-or/ors-79a.1090","jurisdiction":"us-or","citation":"ORS 79A.1090","heading":"UCC 9-109. Scope.","body":"(1) Except as otherwise provided in subsections (3) and (4) of this section, this chapter applies to:\n      (a) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;\n      (b) An agricultural lien;\n      (c) A sale of accounts, chattel paper, payment intangibles or promissory notes;\n      (d) A consignment;\n      (e) A security interest arising under ORS 72.4010, 72.5050, 72.7110 (3), or 72A.5080 (5), as provided in ORS 79A.1100; and\n      (f) A security interest arising under ORS 74.2100 or 75.1180.\n      (2) 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      (3) This chapter does not apply to the extent that:\n      (a) A statute, regulation or treaty of the United States preempts this chapter;\n      (b) 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      (c) 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;\n      (d) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under ORS 75.1140; or\n      (e) A provision of this chapter conflicts with a provision of ORS 359.200 to 359.255.\n      (4) This chapter does not apply to:\n      (a) A landlord’s lien, other than an agricultural lien;\n      (b) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but ORS 79A.3330 applies with respect to priority of the lien;\n      (c) An assignment of a claim for wages, salary or other compensation of an employee;\n      (d) 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      (e) An assignment of accounts, chattel paper, payment intangibles or promissory notes which is for the purpose of collection only;\n      (f) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;\n      (g) An assignment of a single account, payment intangible or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;\n      (h) 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 ORS 79A.3150 and 79A.3220 apply with respect to proceeds and priorities in proceeds;\n      (i) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;\n      (j) A right of recoupment or setoff, but:\n      (A) ORS 79A.3400 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and\n      (B) ORS 79A.4040 applies with respect to defenses or claims of an account debtor;\n      (k) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, or a seller’s or purchaser’s interest in a land sale contract and the proceeds thereof, except to the extent that provision is made for:\n      (A) Liens on real property in ORS 79A.2030 and 79A.3080;\n      (B) Fixtures in ORS 79A.3340;\n      (C) Fixture filings in ORS 79A.5010, 79A.5020, 79A.5120, 79A.5160 and 79A.5190; and\n      (D) Security agreements covering personal and real property in ORS 79A.6040;\n      (L) An assignment of a claim arising in tort, other than a commercial tort claim, but ORS 79A.3150 and 79A.3220 apply with respect to proceeds and priorities in proceeds; or\n      (m) An assignment, in a consumer transaction, of a deposit account from which, under the terms of the account agreement, third party payments may be made by means of a check, draft, negotiable order of withdrawal or other order, but ORS 79A.3150 and 79A.3220 apply with respect to proceeds and priorities in proceeds.","path":["02 - Business Organizations, Commercial Code","8. Commercial Transactions","Chapter 79A — Secured Transactions"],"source_url":"https://www.oregonlegislature.gov/bills_laws/ors/ors079A.html","current_through":"2025 Edition","vintage":"","retrieved_at":"2026-09-03T23:50:11Z","sha256":"f09657b3fbb0d03777d7429bd812bfd025895e457ae2c0d1c803efb19a1c3c3a","source_id":"us-or","stale":false,"prev":"us-or/ors-79a.1080","next":"us-or/ors-79a.1100"},"notice":"GroundRules: Original legal text. Not legal advice."}