(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. creates a security interest in personal property or fixtures by contract; intangibles, or promissory notes; 2-505, 2-711(3), or 2A-508(5), as provided in Section 9-110; and or 5-118. States preempts this Article; the creation, perfection, priority, or enforcement of a security interest created by this State or a governmental unit of this State; 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; nominated person under a letter of credit are independent and superior under Section 5-114; of the Department of Agriculture Law of the Civil Administrative Code of Illinois or the Grain Code; or of the Public Utilities Act. statute or other rule of law for services or materials, but Section 9-333 applies with respect to priority of the lien; other compensation of an employee; intangibles, or promissory notes as part of a sale of the business out of which they arose; intangibles, or promissory notes which is for the purpose of collection only; contract to an assignee that is also obligated to perform under the contract; intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness; 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; judgment, other than a judgment taken on a right to payment that was collateral; effectiveness of rights of recoupment or set-off against deposit accounts; and defenses or claims of an account debtor; lien on real property, including a lease or rents thereunder, except to the extent that provision is made for: 9-308; 9-512, 9-516, and 9-519; and real property in Section 9-604; than a commercial tort claim, but Sections 9-315 and 9-322 apply with respect to proceeds and priorities in proceeds; subdivision or agency; 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 special needs trust as described in Section 1396p(d)(4) of Title 42 of the United States Code, as amended from time to time.
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