The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
47-9109. Scope
A. Except as otherwise provided in subsections C and D of this section, this chapter 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 47-2401 or 47-2505 or section 47-2711, subsection C or section 47-2A508, subsection E, as provided in section 47-9110; and
6. A security interest arising under section 47-4210 or 47-5118.
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 chapter does not apply.
C. This chapter does not apply to the extent that:
1. A statute, regulation or treaty of the United States preempts this article;
2. A statute of a foreign country or a governmental unit of 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 that country or governmental unit; or
3. The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under section 47-5114.
D. This chapter 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 47-9333 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 that 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 47-9315 and 47-9322 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 setoff, but:
(a) Section 47-9340 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and
(b) Section 47-9404 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 47-9203 and 47-9308;
(b) Fixtures in section 47-9334;
(c) Fixture filings in sections 47-9501, 47-9502, 47-9512, 47-9516 and 47-9519; and
(d) Security agreements covering personal and real property in section 47-9604;
12. An assignment of a claim arising in tort, other than a commercial tort claim, but sections 47-9315 and 47-9322 apply with respect to proceeds and priorities in proceeds;
13. An assignment of a deposit account in a consumer transaction, but sections 47-9315 and 47-9322 apply with respect to proceeds and priorities in proceeds;
14. A transfer, pledge, assignment, grant or similar action by this state, another state or a governmental unit of this state or another state;
15. A claim or right to receive compensation for injuries or sickness as described in 26 United States Code section 104a(1) or (2); or
16. A claim or right to receive benefits under a special needs trust as described in 42 United States Code section 1396p(d)(4).