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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.


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810 ILCS 5/Art. 9 Pt. 1 Sub. 2

 
    (810 ILCS 5/Art. 9 Pt. 1 Sub. 2 heading)
SUBPART 2. APPLICABILITY OF ARTICLE

810 ILCS 5/9-109

    (810 ILCS 5/9-109) (from Ch. 26, par. 9-109)
    Sec. 9-109. Scope.
    (a) General scope of Article. Except as otherwise provided in subsections (c) and (d), this Article applies to:
        (1) a transaction, regardless of its form, that
    
creates a security interest in personal property or fixtures by contract;
        (2) an agricultural lien;
        (3) a sale of accounts, chattel paper, payment
    
intangibles, or promissory notes;
        (4) a consignment;
        (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
        (6) a security interest arising under Section 4-210
    
or 5-118.
    (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.
    (c) Extent to which Article does not apply. This Article does not apply to the extent that:
        (1) a statute, regulation, or treaty of the United
    
States preempts this Article;
        (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;
        (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;
        (4) the rights of a transferee beneficiary or
    
nominated person under a letter of credit are independent and superior under Section 5-114;
        (5) this Article is in conflict with Section 205-410
    
of the Department of Agriculture Law of the Civil Administrative Code of Illinois or the Grain Code; or
        (6) this Article is in conflict with Section 18-107
    
of the Public Utilities Act.
    (d) Inapplicability of Article. This Article does not apply to:
        (1) a landlord's lien;
        (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;
        (3) an assignment of a claim for wages, salary, or
    
other compensation of an employee;
        (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;
        (5) an assignment of accounts, chattel paper, payment
    
intangibles, or promissory notes which is for the purpose of collection only;
        (6) an assignment of a right to payment under a
    
contract to an assignee that is also obligated to perform under the contract;
        (7) an assignment of a single account, payment
    
intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;
        (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;
        (9) an assignment of a right represented by a
    
judgment, other than a judgment taken on a right to payment that was collateral;
        (10) a right of recoupment or set-off, but:
            (A) Section 9-340 applies with respect to the
        
effectiveness of rights of recoupment or set-off against deposit accounts; and
            (B) Section 9-404 applies with respect to
        
defenses or claims of an account debtor;
        (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:
            (A) liens on real property in Sections 9-203 and
        
9-308;
            (B) fixtures in Section 9-334;
            (C) fixture filings in Sections 9-501, 9-502,
        
9-512, 9-516, and 9-519; and
            (D) security agreements covering personal and
        
real property in Section 9-604;
        (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;
        (13) a transfer by a government or governmental
    
subdivision or agency;
        (14) a claim or a right to receive compensation for
    
injuries or sickness as described in Section 104(a)(1) or (2) of Title 26 of the United States Code, as amended from time to time; or
        (15) a claim or right to receive benefits under a
    
special needs trust as described in Section 1396p(d)(4) of Title 42 of the United States Code, as amended from time to time.
(Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)

810 ILCS 5/9-110

    (810 ILCS 5/9-110) (from Ch. 26, par. 9-110)
    Sec. 9-110. Security interests arising under Article 2 or 2A. A security interest arising under Section 2-401, 2-505, 2-711(3), or 2A-508(5) is subject to this Article. However, until the debtor obtains possession of the goods:
        (1) the security interest is enforceable, even if
    
Section 9-203(b)(3) has not been satisfied;
        (2) filing is not required to perfect the security
    
interest;
        (3) the rights of the secured party after default by
    
the debtor are governed by Article 2 or 2A; and
        (4) the security interest has priority over a
    
conflicting security interest created by the debtor.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-112

    (810 ILCS 5/9-112) (from Ch. 26, par. 9-112)
    Sec. 9-112. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-113

    (810 ILCS 5/9-113) (from Ch. 26, par. 9-113)
    Sec. 9-113. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-114

    (810 ILCS 5/9-114) (from Ch. 26, par. 9-114)
    Sec. 9-114. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-115

    (810 ILCS 5/9-115) (from Ch. 26, par. 9-115)
    Sec. 9-115. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-116

    (810 ILCS 5/9-116)
    Sec. 9-116. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-150

    (810 ILCS 5/9-150)
    Sec. 9-150. (Blank).
(Source: P.A. 91-893, eff. 7-1-01.)