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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.

COMMERCIAL CODE
(810 ILCS 5/) Uniform Commercial Code.

810 ILCS 5/Art. 9 Pt. 2

 
    (810 ILCS 5/Art. 9 Pt. 2 heading)
PART 2. EFFECTIVENESS OF SECURITY AGREEMENT;
ATTACHMENT OF SECURITY INTEREST;
RIGHTS OF PARTIES TO SECURITY AGREEMENT

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

 
    (810 ILCS 5/Art. 9 Pt. 2 Sub. 1 heading)
SUBPART 1. EFFECTIVENESS AND ATTACHMENT

810 ILCS 5/9-201

    (810 ILCS 5/9-201) (from Ch. 26, par. 9-201)
    Sec. 9-201. General effectiveness of security agreement.
    (a) General effectiveness. Except as otherwise provided in the Uniform Commercial Code, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.
    (b) Applicable consumer laws and other law. A transaction subject to this Article is subject to any applicable rule of law, statute, or regulation which establishes a different rule for consumers, including:
        (1) the Retail Installment Sales Act;
        (2) the Motor Vehicle Retail Installment Sales Act;
        (3) Article II of Chapter 3 of the Illinois Vehicle
    
Code;
        (4) Article IIIB of the Boat Registration and Safety
    
Act;
        (5) the Pawnbroker Regulation Act;
        (6) the Motor Vehicle Leasing Act;
        (7) the Consumer Installment Loan Act; and
        (8) the Consumer Deposit Security Act of 1987.
    (c) Other applicable law controls. In case of conflict between this Article and a rule of law, statute, or regulation described in subsection (b), the rule of law, statute, or regulation controls. Failure to comply with a rule of law, statute, or regulation described in subsection (b) has only the effect such rule of law, statute, or regulation specifies.
    (d) Further deference to other applicable law. This Article does not:
        (1) validate any rate, charge, agreement, or practice
    
that violates a rule of law, statute, or regulation described in subsection (b); or
        (2) extend the application of the rule of law,
    
statute, or regulation to a transaction not otherwise subject to it.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-202

    (810 ILCS 5/9-202) (from Ch. 26, par. 9-202)
    Sec. 9-202. Title to collateral immaterial. Except as otherwise provided with respect to consignments or sales of accounts, chattel paper, payment intangibles, or promissory notes, the provisions of this Article with regard to rights and obligations apply whether title to collateral is in the secured party or the debtor.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-203

    (810 ILCS 5/9-203) (from Ch. 26, par. 9-203)
    Sec. 9-203. Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.
    (a) Attachment. A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.
    (b) Enforceability. Except as otherwise provided in subsections (c) through (i), a security interest is enforceable against the debtor and third parties with respect to the collateral only if:
        (1) value has been given;
        (2) the debtor has rights in the collateral or the
    
power to transfer rights in the collateral to a secured party; and
        (3) one of the following conditions is met:
            (A) the debtor has authenticated a security
        
agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned;
            (B) the collateral is not a certificated security
        
and is in the possession of the secured party under Section 9-313 pursuant to the debtor's security agreement;
            (C) the collateral is a certificated security in
        
registered form and the security certificate has been delivered to the secured party under Section 8-301 pursuant to the debtor's security agreement; or
            (D) the collateral is deposit accounts,
        
electronic chattel paper, investment property, letter-of-credit rights, or electronic documents, and the secured party has control under Section 7-106, 9-104, 9-105, 9-106, or 9-107 pursuant to the debtor's security agreement.
    (c) Other UCC provisions. Subsection (b) is subject to Section 4-210 on the security interest of a collecting bank, Section 5-118 on the security interest of a letter-of-credit issuer or nominated person, Section 9-110 on a security interest arising under Article 2 or 2A, and Section 9-206 on security interests in investment property.
    (d) When person becomes bound by another person's security agreement. A person becomes bound as debtor by a security agreement entered into by another person if, by operation of law other than this Article or by contract:
        (1) the security agreement becomes effective to
    
create a security interest in the person's property; or
        (2) the person becomes generally obligated for the
    
obligations of the other person, including the obligation secured under the security agreement, and acquires or succeeds to all or substantially all of the assets of the other person.
    (e) Effect of new debtor becoming bound. If a new debtor becomes bound as debtor by a security agreement entered into by another person:
        (1) the agreement satisfies subsection (b)(3) with
    
respect to existing or after-acquired property of the new debtor to the extent the property is described in the agreement; and
        (2) another agreement is not necessary to make a
    
security interest in the property enforceable.
    (f) Proceeds and supporting obligations. The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by Section 9-315 and is also attachment of a security interest in a supporting obligation for the collateral.
    (g) Lien securing right to payment. The attachment of a security interest in a right to payment or performance secured by a security interest or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage, or other lien.
    (h) Security entitlement carried in securities account. The attachment of a security interest in a securities account is also attachment of a security interest in the security entitlements carried in the securities account.
    (i) Commodity contracts carried in commodity account. The attachment of a security interest in a commodity account is also attachment of a security interest in the commodity contracts carried in the commodity account.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-204

    (810 ILCS 5/9-204) (from Ch. 26, par. 9-204)
    Sec. 9-204. After-acquired property; future advances.
    (a) After-acquired collateral. Except as otherwise provided in subsection (b), a security agreement may create or provide for a security interest in after-acquired collateral.
    (b) When after-acquired property clause not effective. A security interest does not attach under a term constituting an after-acquired property clause to:
        (1) consumer goods, other than an accession when
    
given as additional security, unless the debtor acquires rights in them within 10 days after the secured party gives value; or
        (2) a commercial tort claim.
    (c) Future advances and other value. A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-205

    (810 ILCS 5/9-205) (from Ch. 26, par. 9-205)
    Sec. 9-205. Use or disposition of collateral permissible.
    (a) When security interest not invalid or fraudulent. A security interest is not invalid or fraudulent against creditors solely because:
        (1) the debtor has the right or ability to:
            (A) use, commingle, or dispose of all or part of
        
the collateral, including returned or repossessed goods;
            (B) collect, compromise, enforce, or otherwise
        
deal with collateral;
            (C) accept the return of collateral or make
        
repossessions; or
            (D) use, commingle, or dispose of proceeds; or
        (2) the secured party fails to require the debtor to
    
account for proceeds or replace collateral.
    (b) Requirements of possession not relaxed. This Section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-205.1

    (810 ILCS 5/9-205.1) (from Ch. 26, par. 9-205.1)
    Sec. 9-205.1. Listing by debtor of purchasers or receivers of collateral. A secured party may require that the debtor include as part of the security agreement a list of persons to whom the debtor desires to sell or otherwise dispose of the collateral. The debtor shall not sell or otherwise dispose of the collateral to a person not included in that list unless the debtor has notified the secured party of his desire to sell or otherwise dispose of the collateral to such person at least 7 days prior to the sale or other disposition.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-206

    (810 ILCS 5/9-206) (from Ch. 26, par. 9-206)
    Sec. 9-206. Security interest arising in purchase or delivery of financial asset.
    (a) Security interest when person buys through securities intermediary. A security interest in favor of a securities intermediary attaches to a person's security entitlement if:
        (1) the person buys a financial asset through the
    
securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase; and
        (2) the securities intermediary credits the financial
    
asset to the buyer's securities account before the buyer pays the securities intermediary.
    (b) Security interest secures obligation to pay for financial asset. The security interest described in subsection (a) secures the person's obligation to pay for the financial asset.
    (c) Security interest in payment against delivery transaction. A security interest in favor of a person that delivers a certificated security or other financial asset represented by a writing attaches to the security or other financial asset if:
        (1) the security or other financial asset:
            (A) in the ordinary course of business is
        
transferred by delivery with any necessary indorsement or assignment; and
            (B) is delivered under an agreement between
        
persons in the business of dealing with such securities or financial assets; and
        (2) the agreement calls for delivery against payment.
    (d) Security interest secures obligation to pay for delivery. The security interest described in subsection (c) secures the obligation to make payment for the delivery.
(Source: P.A. 91-893, eff. 7-1-01.)

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

 
    (810 ILCS 5/Art. 9 Pt. 2 Sub. 2 heading)
SUBPART 2. RIGHTS AND DUTIES

810 ILCS 5/9-207

    (810 ILCS 5/9-207) (from Ch. 26, par. 9-207)
    Sec. 9-207. Rights and duties of secured party having possession or control of collateral.
    (a) Duty of care when secured party in possession. Except as otherwise provided in subsection (d), a secured party shall use reasonable care in the custody and preservation of collateral in the secured party's possession. In the case of chattel paper or an instrument, reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed.
    (b) Expenses, risks, duties, and rights when secured party in possession. Except as otherwise provided in subsection (d), if a secured party has possession of collateral:
        (1) reasonable expenses, including the cost of
    
insurance and payment of taxes or other charges, incurred in the custody, preservation, use, or operation of the collateral are chargeable to the debtor and are secured by the collateral;
        (2) the risk of accidental loss or damage is on the
    
debtor to the extent of a deficiency in any effective insurance coverage;
        (3) the secured party shall keep the collateral
    
identifiable, but fungible collateral may be commingled; and
        (4) the secured party may use or operate the
    
collateral:
            (A) for the purpose of preserving the collateral
        
or its value;
            (B) as permitted by an order of a court having
        
competent jurisdiction; or
            (C) except in the case of consumer goods, in the
        
manner and to the extent agreed by the debtor.
    (c) Duties and rights when secured party in possession or control. Except as otherwise provided in subsection (d), a secured party having possession of collateral or control of collateral under Section 7-106, 9-104, 9-105, 9-106, or 9-107:
        (1) may hold as additional security any proceeds,
    
except money or funds, received from the collateral;
        (2) shall apply money or funds received from the
    
collateral to reduce the secured obligation, unless remitted to the debtor; and
        (3) may create a security interest in the collateral.
    (d) Buyer of certain rights to payment. If the secured party is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor:
        (1) subsection (a) does not apply unless the secured
    
party is entitled under an agreement:
            (A) to charge back uncollected collateral; or
            (B) otherwise to full or limited recourse against
        
the debtor or a secondary obligor based on the nonpayment or other default of an account debtor or other obligor on the collateral; and
        (2) subsections (b) and (c) do not apply.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-208

    (810 ILCS 5/9-208) (from Ch. 26, par. 9-208)
    Sec. 9-208. Additional duties of secured party having control of collateral.
    (a) Applicability of Section. This Section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value.
    (b) Duties of secured party after receiving demand from debtor. Within 10 days after receiving an authenticated demand by the debtor:
        (1) a secured party having control of a deposit
    
account under Section 9-104(a)(2) shall send to the bank with which the deposit account is maintained an authenticated statement that releases the bank from any further obligation to comply with instructions originated by the secured party;
        (2) a secured party having control of a deposit
    
account under Section 9-104(a)(3) shall:
            (A) pay the debtor the balance on deposit in the
        
deposit account; or
            (B) transfer the balance on deposit into a
        
deposit account in the debtor's name;
        (3) a secured party, other than a buyer, having
    
control of electronic chattel paper under Section 9-105 shall:
            (A) communicate the authoritative copy of the
        
electronic chattel paper to the debtor or its designated custodian;
            (B) if the debtor designates a custodian that is
        
the designated custodian with which the authoritative copy of the electronic chattel paper is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and
            (C) take appropriate action to enable the debtor
        
or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party;
        (4) a secured party having control of investment
    
property under Section 8-106(d)(2) or 9-106(b) shall send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained an authenticated record that releases the securities intermediary or commodity intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party;
        (5) a secured party having control of a
    
letter-of-credit right under Section 9-107 shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the secured party an authenticated release from any further obligation to pay or deliver proceeds of the letter of credit to the secured party; and
        (6) a secured party having control of an electronic
    
document shall:
            (A) give control of the electronic document to
        
the debtor or its designated custodian;
            (B) if the debtor designates a custodian that is
        
the designated custodian with which the authoritative copy of the electronic document is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and
            (C) take appropriate action to enable the debtor
        
or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party.
(Source: P.A. 95-895, eff. 1-1-09.)

810 ILCS 5/9-209

    (810 ILCS 5/9-209)
    Sec. 9-209. Duties of secured party if account debtor has been notified of assignment.
    (a) Applicability of Section. Except as otherwise provided in subsection (c), this Section applies if:
        (1) there is no outstanding secured obligation; and
        (2) the secured party is not committed to make
    
advances, incur obligations, or otherwise give value.
    (b) Duties of secured party after receiving demand from debtor. Within 10 days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under Section 9-406(a) an authenticated record that releases the account debtor from any further obligation to the secured party.
    (c) Inapplicability to sales. This Section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible.
(Source: P.A. 91-893, eff. 7-1-01.)

810 ILCS 5/9-210

    (810 ILCS 5/9-210)
    Sec. 9-210. Request for accounting; request regarding list of collateral or statement of account.
    (a) Definitions. In this Section:
        (1) "Request" means a record of a type described in
    
paragraph (2), (3), or (4).
        (2) "Request for an accounting" means a record
    
authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request.
        (3) "Request regarding a list of collateral" means a
    
record authenticated by a debtor requesting that the recipient approve or correct a list of what the debtor believes to be the collateral securing an obligation and reasonably identifying the transaction or relationship that is the subject of the request.
        (4) "Request regarding a statement of account" means
    
a record authenticated by a debtor requesting that the recipient approve or correct a statement indicating what the debtor believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified date and reasonably identifying the transaction or relationship that is the subject of the request.
    (b) Duty to respond to requests. Subject to subsections (c), (d), (e), and (f), a secured party, other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, shall comply with a request within 14 days after receipt:
        (1) in the case of a request for an accounting, by
    
authenticating and sending to the debtor an accounting; and
        (2) in the case of a request regarding a list of
    
collateral or a request regarding a statement of account, by authenticating and sending to the debtor an approval or correction.
    (c) Request regarding list of collateral; statement concerning type of collateral. A secured party that claims a security interest in all of a particular type of collateral owned by the debtor may comply with a request regarding a list of collateral by sending to the debtor an authenticated record including a statement to that effect within 14 days after receipt.
    (d) Request regarding list of collateral; no interest claimed. A person that receives a request regarding a list of collateral, claims no interest in the collateral when it receives the request, and claimed an interest in the collateral at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record:
        (1) disclaiming any interest in the collateral; and
        (2) if known to the recipient, providing the name and
    
mailing address of any assignee of or successor to the recipient's interest in the collateral.
    (e) Request for accounting or regarding statement of account; no interest in obligation claimed. A person that receives a request for an accounting or a request regarding a statement of account, claims no interest in the obligations when it receives the request, and claimed an interest in the obligations at an earlier time shall comply with the request within 14 days after receipt by sending to the debtor an authenticated record:
        (1) disclaiming any interest in the obligations; and
        (2) if known to the recipient, providing the name and
    
mailing address of any assignee of or successor to the recipient's interest in the obligations.
    (f) Charges for responses. A debtor is entitled without charge to one response to a request under this Section during any six-month period. The secured party may require payment of a charge not exceeding $25 for each additional response.
(Source: P.A. 91-893, eff. 7-1-01.)