Section 9--102. Definitions And Index of Definitions  


Latest version.
  • (a) Article 9 definitions. In this article:
             (1) "Accession" means goods that are physically united with other
                 goods  in  such  a  manner  that the identity of the original
                 goods is not lost.
             (2) "Account", except as used in "account for", means a right  to
                 payment  of  a  monetary obligation, whether or not earned by
                 performance, (i) for property that has been or is to be sold,
                 leased, licensed, assigned, or otherwise  disposed  of,  (ii)
                 for  services  rendered or to be rendered, (iii) for a policy
                 of insurance issued or to be issued,  (iv)  for  a  secondary
                 obligation  incurred  or  to  be  incurred,  (v)  for  energy
                 provided or to be provided, (vi) for the use  or  hire  of  a
                 vessel  under  a charter or other contract, (vii) arising out
                 of the  use  of  a  credit  or  charge  card  or  information
                 contained  on or for use with the card, or (viii) as winnings
                 in a lottery or other game of chance operated or sponsored by
                 a state, governmental unit of a State, or person licensed  or
                 authorized  to  operate  the  game by a State or governmental
                 unit of a  State.  The  term  includes  health-care-insurance
                 receivables.  The term does not include (i) rights to payment
                 evidenced by chattel paper or an instrument, (ii)  commercial
                 tort   claims,   (iii) deposit   accounts,   (iv)  investment
                 property, (v) letter-of-credit rights or letters  of  credit,
                 or  (vi)  rights  to  payment  for money or funds advanced or
                 sold, other than rights arising out of the use of a credit or
                 charge card or information contained on or for use  with  the
                 card.
             (3) "Account  debtor"  means  a  person  obligated on an account,
                 chattel paper, or  general  intangible.  The  term  does  not
                 include  persons  obligated  to  pay a negotiable instrument,
                 even if the instrument constitutes part of chattel paper.
             (4) "Accounting", except as used in  "accounting  for",  means  a
                 record:
                 (A) authenticated by a secured party;
                 (B) indicating the aggregate unpaid secured obligations as of
                     a  date  not  more  than 35 days earlier or 35 days later
                     than the date of the record; and
                 (C) identifying  the  components  of   the   obligations   in
                     reasonable detail.
             (5) "Agricultural  lien" means an interest, other than a security
                 interest, in farm products:
                 (A) which secures payment or  performance  of  an  obligation
                     for:
                     (i) goods  or  services  furnished  in  connection with a
                         debtor's farming operation; or
                     (ii) rent  on  real  property  leased  by  a  debtor   in
                          connection with its farming operation; and
                 (B) which is created by statute in favor of a person that:
                     (i) in  the  ordinary  course  of  its business furnished
                         goods or services to a debtor in  connection  with  a
                         debtor's farming operation; or
                     (ii) leased  real property to a debtor in connection with
                          the debtor's farming operation; and
                 (C) whose effectiveness  does  not  depend  on  the  person's
                     possession of the personal property.
             (6) "As-extracted collateral" means:
    
                 (A) oil,  gas,  or  other  minerals  that  are  subject  to a
                     security interest that:
                     (i) is  created  by  a  debtor  having an interest in the
                         minerals before extraction; and
                     (ii) attaches to the minerals as extracted; or
                 (B) accounts arising out of  the  sale  at  the  wellhead  or
                     minehead  of  oil,  gas,  or  other minerals in which the
                     debtor had an interest before extraction.
             (7) "Authenticate" means:
                 (A) to sign; or
                 (B) to execute or otherwise adopt a  symbol,  or  encrypt  or
                     similarly  process a record in whole or in part, with the
                     present intent of the authenticating person  to  identify
                     the person and adopt or accept a record.
             (8) "Bank"  means an organization that is engaged in the business
                 of banking. The term includes savings banks, savings and loan
                 associations, credit unions, and trust companies.
             (9) "Cash  proceeds"  means  proceeds  that  are  money,  checks,
                 deposit accounts, or the like.
             (10) "Certificate  of  title"  means  a certificate of title with
                  respect  to  which  a  statute  provides  for  the  security
                  interest in question to be indicated on the certificate as a
                  condition  or  result  of  the security interest's obtaining
                  priority over the rights of a lien creditor with respect  to
                  the collateral.
             (11) "Chattel paper" means a record or records that evidence both
                  a  monetary  obligation  and a security interest in specific
                  goods, a security interest in specific  goods  and  software
                  used in the goods, a security interest in specific goods and
                  license  of  software used in the goods, a lease of specific
                  goods, or a lease of specific goods and license of  software
                  used  in the goods. In this paragraph, "monetary obligation"
                  means a monetary obligation secured by  the  goods  or  owed
                  under   a  lease  of  the  goods  and  includes  a  monetary
                  obligation with respect to software used in the  goods.  The
                  term  does  not  include  (i)  charters  or  other contracts
                  involving the use or hire of a vessel or (ii)  records  that
                  evidence  a  right  to  payment  arising out of the use of a
                  credit or charge card or information contained on or for use
                  with the card. If a transaction is evidenced by records that
                  include an instrument or series of instruments, the group of
                  records taken together constitutes chattel paper.
             (11-a) "Check" means (i) a draft, other than a documentary draft,
                    payable on demand and drawn on a bank or (ii) a  cashier's
                    check  or  a  teller's check. An instrument may be a check
                    even though it is described on its face by  another  term,
                    such as "money order". An instrument that (i) meets all of
                    the requirements stated in Article 3 of this chapter to be
                    a  negotiable  instrument  other  than  stating that it is
                    payable to order or bearer and (ii) otherwise qualifies as
                    a check is a negotiable instrument and a check.
             (12) "Collateral"  means  the  property  subject  to  a  security
                  interest or agricultural lien. The term includes:
                 (A) proceeds to which a security interest attaches;
                 (B) accounts,   chattel   paper,   payment  intangibles,  and
                     promissory notes that have been sold; and
                 (C) goods that are the subject of a consignment.
    
             (13) "Commercial tort claim" means a claim arising in  tort  with
                  respect to which:
                 (A) the claimant is an organization; or
                 (B) the claimant is an individual and the claim:
                     (i) arose  in  the  course  of the claimant's business or
                         profession; and
                     (ii) does not include damages  arising  out  of  personal
                          injury to or the death of an individual.
             (14) "Commodity   account"  means  an  account  maintained  by  a
                  commodity intermediary in  which  a  commodity  contract  is
                  carried for a commodity customer.
             (15) "Commodity  contract" means a commodity futures contract, an
                  option on a commodity futures contract, a commodity  option,
                  or another contract if the contract or option is:
                 (A) traded  on  or  subject  to the rules of a board of trade
                     that has been designated as a contract market for such  a
                     contract pursuant to federal commodities laws; or
                 (B) traded  on  a foreign commodity board of trade, exchange,
                     or market, and is carried on the  books  of  a  commodity
                     intermediary for a commodity customer.
             (16) "Commodity  customer"  means  a person for which a commodity
                  intermediary carries a commodity contract on its books.
             (17) "Commodity intermediary" means a person that:
                 (A) is registered as  a  futures  commission  merchant  under
                     federal commodities law; or
                 (B) in the ordinary course of its business provides clearance
                     or settlement services for a board of trade that has been
                     designated  as  a  contract  market  pursuant  to federal
                     commodities law.
             (18) "Communicate" means:
                 (A) to send a written or other tangible record;
                 (B) to transmit a record by any  means  agreed  upon  by  the
                     persons sending and receiving the record; or
                 (C) in the case of transmission of a record to or by a filing
                     office,  to  transmit a record by any means prescribed by
                     filing-office rule.
             (19) "Consignee" means a merchant to which goods are delivered in
                  a consignment.
             (20) "Consignment" means a transaction, regardless of  its  form,
                  in  which  a  person  delivers  goods  to a merchant for the
                  purpose of sale and:
                 (A) the merchant:
                     (i) deals in goods of that kind under a name  other  than
                         the name of the person making delivery;
                     (ii) is not an auctioneer; and
                     (iii) is  not  generally  known  by  its  creditors to be
                           substantially  engaged  in  selling  the  goods  of
                           others;
                 (B) with respect to each delivery, the aggregate value of the
                     goods is $1,000 or more at the time of delivery;
                 (C) the  goods  are  not  consumer  goods  immediately before
                     delivery; and
                 (D) the transaction does not create a security interest  that
                     secures an obligation.
             (21) "Consignor"   means  a  person  that  delivers  goods  to  a
                  consignee in a consignment.
             (22) "Consumer debtor" means a debtor in a consumer transaction.
    
             (23) "Consumer goods" means goods that are used or bought for use
                  primarily for personal, family, or household purposes.
             (24) "Consumer-goods transaction" means a consumer transaction in
                  which:
                 (A) an   individual   incurs   an  obligation  primarily  for
                     personal, family, or household purposes; and
                 (B) a  security  interest  in  consumer  goods  secures   the
                     obligation.
             (25) "Consumer obligor" means an obligor who is an individual and
                  who incurred the obligation as part of a transaction entered
                  into primarily for personal, family, or household purposes.
             (26) "Consumer  transaction"  means a transaction in which (i) an
                  individual incurs  an  obligation  primarily  for  personal,
                  family,  or  household  purposes,  (ii)  a security interest
                  secures the obligation, and (iii) the collateral is held  or
                  acquired   primarily  for  personal,  family,  or  household
                  purposes. The term includes consumer-goods transactions.
             (27) "Continuation statement" means an amendment of  a  financing
                  statement which:
                 (A) identifies,  by  its  file  number, the initial financing
                     statement to which it relates; and
                 (B) indicates that it is a  continuation  statement  for,  or
                     that  it  is  filed to continue the effectiveness of, the
                     identified financing statement.
             (27-a) "Cooperative  addendum"  means  a  record  that  satisfies