Section 42a-9-109 - Scope(a) 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;(5) A security interest arising under section 42a-2-401, section 42a-2-505, subsection (3) of section 42a-2-711 or subsection (d) of section 42a-2A-724, as provided in section 42a-9-110; and(6) A security interest arising under section 42a-4-210 or 42a-5-118.(b) 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) 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; or(4) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under section 42a-5-114.(d) This article does not apply to: (1) A landlord's lien, other than an agricultural lien;(2) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but section 42a-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 42a-9-315 and 42a-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 42a-9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and(B) Section 42a-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 42a-9-203 and 42a-9-308;(B) Fixtures in section 42a-9-334;(C) Fixture filings in sections 42a-9-501, 42a-9-502, 42a-9-512, 42a-9-516 and 42a-9-519; and(D) Security agreements covering personal and real property in section 42a-9-604;(12) An assignment of a claim arising in tort, other than a commercial tort claim, but sections 42a-9-315 and 42a-9-322 apply with respect to proceeds and priorities in proceeds;(13) An assignment of a deposit account in a consumer transaction, but sections 42a-9-315 and 42a-9-322 apply with respect to proceeds and priorities in proceeds;(14) A pledge or other lien by this state or a government subdivision or agency of this state in existence on or after October 1, 2003, in connection with a bond or note issue of this state or of a government subdivision or agency of this state, which pledge or other lien is governed by a statute of this state that (A) provides for the creation of a pledge or other lien by this state or a government subdivision or agency of this state in connection with any bond or note issued by this state or a government subdivision or agency of this state, and (B) expressly states that such pledge or lien shall be valid and binding as against other parties;(15) An assignment of workers' compensation benefits governed by section 31-320; or(16) A security interest in a deposit account that is a payroll account or a trust account and which is titled or otherwise clearly identifiable as such an account, except that this article does apply to a security interest in (A) such an account if another statute of this state expressly so provides, or (B) a deposit account of a debtor that is a statutory trust formed or a foreign statutory trust registered under chapter 615, provided such deposit account is not a payroll account or a trust account which is titled or otherwise clearly identifiable as such an account.Conn. Gen. Stat. § 42a-9-109
(1959, P.A. 133, S. 9-109; P.A. 01-132, S. 9; P.A. 02-131, S. 95; P.A. 03-62, S. 2, 3; May Sp. Sess. P.A. 04-2, S. 52.)
Annotations to former section 42a-9-102: Cited. 165 Conn. 364. Cited. 25 Conn.Supp. 335; 38 CS 98; 40 CS 475; 44 CS 156. Annotations to former section 42a-9-104: Cited. 161 Conn. 242; 183 C. 369. Cited. 40 CA 616. Cited. 38 Conn.Supp. 98; 44 Conn.Supp. 156.