Also known as:Art. 9 · UCC Article 9 · Article Nine · UCC §9 · secured transactions
Written by attorneys · grounded in primary & secondary sources — see below
A statutory article of the Uniform Commercial Code that establishes rules for creating, perfecting, and prioritizing security interests in personal property and certain intangibles. It supplies a uniform filing system that notifies third parties of existing interests and determines priority among competing claimants. The article excludes certain transactions such as landlord liens and wage assignments while covering sales of accounts and consignments that function as security devices.
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How it applies
Common Examples
6
Mortgage Obligation Transfer
Atlas Ventures originated a loan to Alice Atkins secured by a mortgage on commercial property and later sold the note to Apollo Energy under a pooling agreement that listed the note but left collateral references ambiguous. Apollo Energy then granted a security interest in the transferred obligation to Aurora Biotech as collateral for its own financing. Aurora Biotech filed a financing statement under Article 9 to perfect its interest in the obligation. When Alice Atkins defaulted, Aurora Biotech asserted rights against the mortgage proceeds, and the filing established its priority over unperfected claims.
Garnishment of Debt Owed
Anthony Arnold owed a debt to Artemis Logistics, which in turn owed money to a creditor in another state. The creditor obtained a judgment and sought to attach the debt Anthony Arnold owed Artemis Logistics while the funds were still in transit. Article 9 rules on perfection determined whether the attachment created a superior interest in the obligation. The court applied the filing requirements to resolve priority between the attaching creditor and any prior secured party.
Contract Modification Dispute
Ava Adebayo contracted with Artemis Logistics for custom parts and later modified the agreement without a signed writing. Artemis Logistics claimed the modification was ineffective under contract rules, but Ava Adebayo had granted a security interest in the parts to secure payment. Article 9 governed whether the security interest attached despite the modification dispute and whether it took priority over other claims to the goods.
Temporary Taking of Property
Audrey Ashton stored equipment subject to a security interest at a location that was later taken by eminent domain. The secured party asserted rights in the equipment under Article 9 after the taking occurred. The court examined whether the security interest survived the temporary dispossession and retained its perfected status against subsequent claimants.
Due Process Challenge
Amelia Amari faced a state proceeding that attached her personal property to satisfy a judgment. She argued the attachment violated fundamental fairness because no prior hearing occurred. Article 9 procedures for creating and perfecting security interests supplied the framework the court used to evaluate whether the attachment complied with notice and priority rules.
Extraterritorial Claim
Alexis Archer held a security interest in equipment located abroad that was used by a foreign subsidiary. When the subsidiary faced claims from overseas creditors, Alexis Archer sought to enforce the Article 9 interest in U.S. courts. The court assessed whether the security interest extended to the foreign collateral and maintained priority under domestic filing rules.
Common questions
Frequently Asked
4
What types of transactions does Article 9 cover?+
Article 9 covers transactions that create security interests in personal property or fixtures by contract, including sales of accounts and consignments. It also reaches agricultural liens and certain security interests arising under other UCC articles. The statute expressly excludes landlord liens, wage assignments, and tort claims.
How does Article 9 determine priority between competing interests?+
Article 9 establishes priority through a notice-based filing system that requires a financing statement describing the debtor, secured party, and collateral. A perfected security interest generally prevails over later interests and unperfected claims. Excluded liens fall outside these priority rules and are resolved under general principles.
When must a financing statement be filed to perfect an interest under Article 9?+
A financing statement must be filed in the state where the debtor is located to perfect most security interests. For goods that become fixtures, a fixture filing in the real property records may be required. Pre-effective-date filings remain effective only to the extent they satisfy the amended article's requirements.
Does Article 9 apply to a lease that functions as a security interest?+
Article 9 applies when a lease creates a security interest even if the parties label the transaction a lease. Courts examine whether the lessor retains a meaningful residual interest or whether the lessee effectively owns the goods. True leases fall outside Article 9 while security leases are governed by its attachment and perfection rules.
article
), the attachment may be sued out against lands, tenements,…
1, § 9; N.Y., 1846,
Art.
1, § 6; N.C., 1868,
Art.
1, § 12; Ohio,
Art.
1, § 10; Penn., 1838,
Art. 9
, § 10; R.I., 1842,
Art.
1, § 7; S.C., 1868,
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1, § 19; Tenn., 1834,
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1, § 14; Tex., 1868,
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1, § 8; W. Va., 1861-3,
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2, § 1; Wis., 1848,
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1, § 8. [^maj-2]: Geo., 1868,…
. Monopolies may be allowed to persons for their own productions in literature & their own inventions in the arts, for a term not exceeding — years but for no longer term & no other…
of the UCC were so novel that the
article
had to be comprehensively revised only ten years after its promulgation. See Appendix II to the 1978 Official Text of the Uniform Commercial Code.…
Secured TransactionsApplicability and definitions (§ 9-101, et seq.) · Definitions: “account”; “purchase money security interest”; “control” (§§ 9-102 through 9-107)UBEIntermediate