1. The Scope of Article 9 of the UCC Flashcards
What does Article 9 apply to?
Article 9 applies to consensual security interests in personalty or fixtures.
In general, personalty equals:
Goods
Article 9 applies only to voluntary or consensual collateralizations. Thus, it does not apply to:
Statutory or mechanics liens
Debtor:
The entity who owes the money
Secured party or secured creditor:
The entity who lends the money
Security agreement:
The contract or record
Security interest:
The right creditor has in debtor’s personalty or fixtures
Collateral:
The personalty or fixtures creditor can look to for satisfaction
The collateral could be:
- Tangible collateral or goods
2. Intangibles or semi-intangibles
The key for purposes of classifying tangible collateral:
Primary use in the hands of the debtor (subjective test).