{"data":{"id":"us-wi/wis.-stat.-409.109","jurisdiction":"us-wi","citation":"Wis. Stat. § 409.109","heading":"Scope.","body":"(1) General scope of chapter. Except as otherwise provided in subs. (3) and (4), and s. 16.63 (4) on transactions involving tobacco settlement revenues, 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 s. 402.401, 402.505, 402.711 (3), or 411.508 (5), as provided in s. 409.110; and\n(f) A security interest arising under s. 404.210 or 405.118.\n(2) Security 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(3) Extent to which chapter does not apply. 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; or\n(d) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under ch. 405.\n(4) Inapplicability of chapter. 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 s. 409.333 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(cm) An assignment of a claim or right to receive compensation for injuries or sickness under a worker’s compensation or worker’s disability statute of any state;\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 ss. 409.315 and 409.322 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:\n1. Section 409.340 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and\n2. Section 409.404 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, except to the extent that provision is made for:\n1. Liens on real property in ss. 409.203 and 409.308;\n2. Fixtures in s. 409.334;\n3. Fixture filings in ss. 409.501, 409.502, 409.512, 409.516, and 409.519; and\n4. Security agreements covering personal and real property in s. 409.604;\n(L) An assignment of a claim arising in tort, other than a commercial tort claim, but ss. 409.315 and 409.322 apply with respect to proceeds and priorities in proceeds; or\n(m) An assignment of a deposit account in a consumer transaction, but ss. 409.315 and 409.322 apply with respect to proceeds and priorities in proceeds.","path":["Chs. 401-411, Uniform Commercial Code","Chapter 409 Uniform Commercial Code — Secured Transactions","SUBCHAPTER I GENERAL PROVISIONS"],"source_url":"https://docs.legis.wisconsin.gov/document/statutes/409.109","current_through":"2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 (published 9-4-26)","vintage":"","retrieved_at":"2026-09-05T12:01:22Z","sha256":"25f3e524b3e5f9bbf2707896df9e9c36e85f47a5a37ef0ae3f97fa4a339e78ac","source_id":"us-wi","stale":false,"prev":"us-wi/wis.-stat.-409.108","next":"us-wi/wis.-stat.-409.110"},"notice":"GroundRules: Original legal text. Not legal advice."}