{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.9A-109.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.9A-109.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.9A-109.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.9A-109.html"}],"law_id":59732,"edition_id":1,"section_id":59732,"structure_id":15636,"section_number":"8.9A-109","catch_line":"Scope","history":"1964, c. 219, \u00a7\u00a7 8.9-102, 8.9-104; 1973, c. 509; 1974, c. 190; 1997, c. 343; 2000, c. 1007; 2001, cc. 289, 296.","full_text":"a\n\nGeneral scope of title. Except as otherwise provided in subsections (c) and (d), this title applies to:1\n\na transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;2\n\nan agricultural lien;3\n\na sale of accounts, chattel paper, payment intangibles, or promissory notes;4\n\na consignment;5\n\na security interest arising under §§ 8.2-401, 8.2-505, 8.2-711 (3), or § 8.2A-508 (5), as provided in § 8.9A-110; and6\n\na security interest arising under § 8.4-210 or § 8.5A-118.b\n\nSecurity interest in secured obligation. The application of this title 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 title does not apply.c\n\nExtent to which title does not apply. This title does not apply to the extent that:1\n\na statute, regulation, or treaty of the United States preempts this title;2\n\nanother statute of this Commonwealth expressly governs the creation, perfection, priority, or enforcement of a security interest created by this Commonwealth or a governmental unit of this Commonwealth;3\n\na 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; or4\n\nthe rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under § 8.5A-114.d\n\nInapplicability of title. This title does not apply to:1\n\na landlord’s lien, other than an agricultural lien;2\n\na lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but § 8.9A-333 applies with respect to priority of the lien;3\n\nan assignment of a claim for wages, salary, or other compensation of an employee;4\n\na sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose;5\n\nan assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;6\n\nan assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;7\n\nan assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;8\n\na transfer of an interest in or an assignment of a claim under a policy of insurance or contract for an annuity including a variable, 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 §§ 8.9A-315 and 8.9A-322 apply with respect to proceeds and priorities in proceeds;9\n\nan assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;10\n\na right of recoupment or set-off, but:A\n\n§ 8.9A-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; andB\n\n\u00a7 8.9A-404 applies with respect to defenses or claims of an account debtor;11\n\nthe 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\n\nliens on real property in §§ 8.9A-203 and 8.9A-308;B\n\nfixtures in § 8.9A-334;C\n\nfixture filings in §§ 8.9A-501, 8.9A-502, 8.9A-512, 8.9A-516, and 8.9A-519; andD\n\nsecurity agreements covering personal and real property in \u00a7 8.9A-604;12\n\nan assignment of a claim arising in tort, other than a commercial tort claim, but §§ 8.9A-315 and 8.9A-322 apply with respect to proceeds and priorities in proceeds;13\n\nan assignment of a deposit account in a consumer transaction, but §§ 8.9A-315 and 8.9A-322 apply with respect to proceeds and priorities in proceeds;14\n\na sale of promissory notes by the Commonwealth or a governmental unit of the Commonwealth in connection with or in furtherance of the exercise of the borrowing power of the Commonwealth or a governmental unit of the Commonwealth.e\n\nExcept as provided below, the creation, perfection, priority and enforcement of a security interest, lien or pledge created, made or granted by the Commonwealth or a governmental unit of the Commonwealth to pay or secure any bonds, notes, obligations or other debt securities issued thereby shall be governed by § 2.2-4902.1 and this title shall not apply to such a security interest, lien or pledge. Security interests, liens or pledges created by the Commonwealth or a governmental unit of this Commonwealth in goods or software, or the proceeds thereof, shall be governed by this title.","order_by":null,"text":{"0":{"id":218744,"text":"General scope of title. Except as otherwise provided in subsections (c) and (d), this title applies to:","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"a1"},"1":{"id":218745,"text":"a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;","type":"section","prefixes":["a","1"],"prefix":"1","entire_prefix":"a1","prefix_anchor":"a1","level":2,"prior_prefix":"a","next_prefix":"a2"},"2":{"id":218746,"text":"an agricultural lien;","type":"section","prefixes":["a","2"],"prefix":"2","entire_prefix":"a2","prefix_anchor":"a2","level":2,"prior_prefix":"a1","next_prefix":"a3"},"3":{"id":218747,"text":"a sale of accounts, chattel paper, payment intangibles, or promissory notes;","type":"section","prefixes":["a","3"],"prefix":"3","entire_prefix":"a3","prefix_anchor":"a3","level":2,"prior_prefix":"a2","next_prefix":"a4"},"4":{"id":218748,"text":"a consignment;","type":"section","prefixes":["a","4"],"prefix":"4","entire_prefix":"a4","prefix_anchor":"a4","level":2,"prior_prefix":"a3","next_prefix":"a5"},"5":{"id":218749,"text":"a security interest arising under §§ 8.2-401, 8.2-505, 8.2-711 (3), or § 8.2A-508 (5), as provided in § 8.9A-110; and","type":"section","prefixes":["a","5"],"prefix":"5","entire_prefix":"a5","prefix_anchor":"a5","level":2,"prior_prefix":"a4","next_prefix":"a6"},"6":{"id":218750,"text":"a security interest arising under § 8.4-210 or § 8.5A-118.","type":"section","prefixes":["a","6"],"prefix":"6","entire_prefix":"a6","prefix_anchor":"a6","level":2,"prior_prefix":"a5","next_prefix":"b"},"7":{"id":218751,"text":"Security interest in secured obligation. The application of this title 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 title does not apply.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a6","next_prefix":"c"},"8":{"id":218752,"text":"Extent to which title does not apply. This title does not apply to the extent that:","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b","next_prefix":"c1"},"9":{"id":218753,"text":"a statute, regulation, or treaty of the United States preempts this title;","type":"section","prefixes":["c","1"],"prefix":"1","entire_prefix":"c1","prefix_anchor":"c1","level":2,"prior_prefix":"c","next_prefix":"c2"},"10":{"id":218754,"text":"another statute of this Commonwealth expressly governs the creation, perfection, priority, or enforcement of a security interest created by this Commonwealth or a governmental unit of this Commonwealth;","type":"section","prefixes":["c","2"],"prefix":"2","entire_prefix":"c2","prefix_anchor":"c2","level":2,"prior_prefix":"c1","next_prefix":"c3"},"11":{"id":218755,"text":"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","type":"section","prefixes":["c","3"],"prefix":"3","entire_prefix":"c3","prefix_anchor":"c3","level":2,"prior_prefix":"c2","next_prefix":"c4"},"12":{"id":218756,"text":"the rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under § 8.5A-114.","type":"section","prefixes":["c","4"],"prefix":"4","entire_prefix":"c4","prefix_anchor":"c4","level":2,"prior_prefix":"c3","next_prefix":"d"},"13":{"id":218757,"text":"Inapplicability of title. This title does not apply to:","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c4","next_prefix":"d1"},"14":{"id":218758,"text":"a landlord’s lien, other than an agricultural lien;","type":"section","prefixes":["d","1"],"prefix":"1","entire_prefix":"d1","prefix_anchor":"d1","level":2,"prior_prefix":"d","next_prefix":"d2"},"15":{"id":218759,"text":"a lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but § 8.9A-333 applies with respect to priority of the lien;","type":"section","prefixes":["d","2"],"prefix":"2","entire_prefix":"d2","prefix_anchor":"d2","level":2,"prior_prefix":"d1","next_prefix":"d3"},"16":{"id":218760,"text":"an assignment of a claim for wages, salary, or other compensation of an employee;","type":"section","prefixes":["d","3"],"prefix":"3","entire_prefix":"d3","prefix_anchor":"d3","level":2,"prior_prefix":"d2","next_prefix":"d4"},"17":{"id":218761,"text":"a sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose;","type":"section","prefixes":["d","4"],"prefix":"4","entire_prefix":"d4","prefix_anchor":"d4","level":2,"prior_prefix":"d3","next_prefix":"d5"},"18":{"id":218762,"text":"an assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;","type":"section","prefixes":["d","5"],"prefix":"5","entire_prefix":"d5","prefix_anchor":"d5","level":2,"prior_prefix":"d4","next_prefix":"d6"},"19":{"id":218763,"text":"an assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;","type":"section","prefixes":["d","6"],"prefix":"6","entire_prefix":"d6","prefix_anchor":"d6","level":2,"prior_prefix":"d5","next_prefix":"d7"},"20":{"id":218764,"text":"an assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;","type":"section","prefixes":["d","7"],"prefix":"7","entire_prefix":"d7","prefix_anchor":"d7","level":2,"prior_prefix":"d6","next_prefix":"d8"},"21":{"id":218765,"text":"a transfer of an interest in or an assignment of a claim under a policy of insurance or contract for an annuity including a variable, 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 §§ 8.9A-315 and 8.9A-322 apply with respect to proceeds and priorities in proceeds;","type":"section","prefixes":["d","8"],"prefix":"8","entire_prefix":"d8","prefix_anchor":"d8","level":2,"prior_prefix":"d7","next_prefix":"d9"},"22":{"id":218766,"text":"an assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;","type":"section","prefixes":["d","9"],"prefix":"9","entire_prefix":"d9","prefix_anchor":"d9","level":2,"prior_prefix":"d8","next_prefix":"d10"},"23":{"id":218767,"text":"a right of recoupment or set-off, but:","type":"section","prefixes":["d","10"],"prefix":"10","entire_prefix":"d10","prefix_anchor":"d10","level":2,"prior_prefix":"d9","next_prefix":"A"},"24":{"id":218768,"text":"§ 8.9A-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"d10","next_prefix":"B"},"25":{"id":218769,"text":"\u00a7 8.9A-404 applies with respect to defenses or claims of an account debtor;","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B11"},"26":{"id":218770,"text":"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:","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B","next_prefix":"A"},"27":{"id":218771,"text":"liens on real property in §§ 8.9A-203 and 8.9A-308;","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"B11","next_prefix":"B"},"28":{"id":218772,"text":"fixtures in § 8.9A-334;","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"29":{"id":218773,"text":"fixture filings in §§ 8.9A-501, 8.9A-502, 8.9A-512, 8.9A-516, and 8.9A-519; and","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"30":{"id":218774,"text":"security agreements covering personal and real property in \u00a7 8.9A-604;","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D12"},"31":{"id":218775,"text":"an assignment of a claim arising in tort, other than a commercial tort claim, but §§ 8.9A-315 and 8.9A-322 apply with respect to proceeds and priorities in proceeds;","type":"section","prefixes":["D","12"],"prefix":"12","entire_prefix":"D12","prefix_anchor":"D12","level":2,"prior_prefix":"D","next_prefix":"D13"},"32":{"id":218776,"text":"an assignment of a deposit account in a consumer transaction, but §§ 8.9A-315 and 8.9A-322 apply with respect to proceeds and priorities in proceeds;","type":"section","prefixes":["D","13"],"prefix":"13","entire_prefix":"D13","prefix_anchor":"D13","level":2,"prior_prefix":"D12","next_prefix":"D14"},"33":{"id":218777,"text":"a sale of promissory notes by the Commonwealth or a governmental unit of the Commonwealth in connection with or in furtherance of the exercise of the borrowing power of the Commonwealth or a governmental unit of the Commonwealth.","type":"section","prefixes":["D","14"],"prefix":"14","entire_prefix":"D14","prefix_anchor":"D14","level":2,"prior_prefix":"D13","next_prefix":"e"},"34":{"id":218778,"text":"Except as provided below, the creation, perfection, priority and enforcement of a security interest, lien or pledge created, made or granted by the Commonwealth or a governmental unit of the Commonwealth to pay or secure any bonds, notes, obligations or other debt securities issued thereby shall be governed by § 2.2-4902.1 and this title shall not apply to such a security interest, lien or pledge. Security interests, liens or pledges created by the Commonwealth or a governmental unit of this Commonwealth in goods or software, or the proceeds thereof, shall be governed by this title.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"D14"}},"ancestry":[{"id":15636,"edition_id":1,"name":"Applicability of Title","identifier":"2","label":"subpart","depth":3,"order_by":1,"parent_id":15318,"metadata":{},"date_created":"2026-06-26 03:57:11","date_modified":"2026-06-26 03:57:11","permalink":{"id":283883,"object_type":"structure","relational_id":15636,"identifier":"2","token":"8.9A\/1\/2","url":"\/8.9A\/1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15318,"edition_id":1,"name":"General Provisions","identifier":"1","label":"part","depth":2,"order_by":1,"parent_id":13277,"metadata":{},"date_created":"2026-06-26 03:53:55","date_modified":"2026-06-26 03:53:55","permalink":{"id":283835,"object_type":"structure","relational_id":15318,"identifier":"1","token":"8.9A\/1","url":"\/8.9A\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13277,"edition_id":1,"name":"Commercial Code \u2014 Secured Transactions","identifier":"8.9A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":283833,"object_type":"structure","relational_id":13277,"identifier":"8.9A","token":"8.9A","url":"\/8.9A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59732,"structure_id":15636,"section_number":"8.9A-109","catch_line":"Scope","url":"\/8.9A-109\/","token":"8.9A\/1\/2\/8.9A-109","metadata":false},{"id":83703,"structure_id":15636,"section_number":"8.9A-110","catch_line":"Security interests arising under Title 8.2 or Title 8.2A","url":"\/8.9A-110\/","token":"8.9A\/1\/2\/8.9A-110","metadata":false}],"next_section":{"id":83703,"structure_id":15636,"section_number":"8.9A-110","catch_line":"Security interests arising under Title 8.2 or Title 8.2A","url":"\/8.9A-110\/","token":"8.9A\/1\/2\/8.9A-110","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.9A-109\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 509; in 1974, chapter 190; in 1997, chapter 343<\/a>; in 2000, chapter 1007<\/a>; in 2001, chapters 289<\/a> and 296<\/a>.<\/p>","references":[{"id":63861,"section_number":"2.2-4902.1","catch_line":"Pledges and security interests created by governmental units","order_by":null,"url":"\/2.2-4902.1\/"}],"refers_to":[{"id":63861,"section_number":"2.2-4902.1","catch_line":"Pledges and security interests created by governmental units","order_by":null,"url":"\/2.2-4902.1\/"},{"id":64663,"section_number":"8.2-401","catch_line":"Passing of title; reservation for security; limited application of this section","order_by":null,"url":"\/8.2-401\/"},{"id":65205,"section_number":"8.2-505","catch_line":"Seller's shipment under reservation","order_by":null,"url":"\/8.2-505\/"},{"id":71698,"section_number":"8.2-711","catch_line":"Buyer's remedies in general; buyer's security interest in rejected goods","order_by":null,"url":"\/8.2-711\/"},{"id":62750,"section_number":"8.2A-508","catch_line":"Lessee's remedies","order_by":null,"url":"\/8.2A-508\/"},{"id":64339,"section_number":"8.4-210","catch_line":"Presentment by notice of item not payable by, through or at a bank; liability of drawer or endorser","order_by":null,"url":"\/8.4-210\/"},{"id":83703,"section_number":"8.9A-110","catch_line":"Security interests arising under Title 8.2 or Title 8.2A","order_by":null,"url":"\/8.9A-110\/"},{"id":74128,"section_number":"8.9A-203","catch_line":"Attachment and enforceability of security interest; proceeds, supporting obligations; formal requisites","order_by":null,"url":"\/8.9A-203\/"},{"id":84738,"section_number":"8.9A-308","catch_line":"When security interest or agricultural lien is perfected; continuity of perfection","order_by":null,"url":"\/8.9A-308\/"},{"id":76348,"section_number":"8.9A-315","catch_line":"Secured party's rights on disposition of collateral and in proceeds","order_by":null,"url":"\/8.9A-315\/"},{"id":61423,"section_number":"8.9A-322","catch_line":"Priorities among conflicting security interests in and agricultural liens on same collateral","order_by":null,"url":"\/8.9A-322\/"},{"id":79779,"section_number":"8.9A-333","catch_line":"Priority of certain liens arising by operation of law","order_by":null,"url":"\/8.9A-333\/"},{"id":71252,"section_number":"8.9A-334","catch_line":"Priority of security interests in fixtures and crops","order_by":null,"url":"\/8.9A-334\/"},{"id":84766,"section_number":"8.9A-340","catch_line":"Effectiveness of right of recoupment or set-off against deposit account","order_by":null,"url":"\/8.9A-340\/"},{"id":67314,"section_number":"8.9A-404","catch_line":"Rights acquired by assignee; claims and defenses against assignee","order_by":null,"url":"\/8.9A-404\/"},{"id":72400,"section_number":"8.9A-501","catch_line":"Filing office","order_by":null,"url":"\/8.9A-501\/"},{"id":70542,"section_number":"8.9A-502","catch_line":"Contents of financing statement; record of mortgage as financing statement; time of filing financing statement","order_by":null,"url":"\/8.9A-502\/"},{"id":87008,"section_number":"8.9A-512","catch_line":"Amendment of financing statement","order_by":null,"url":"\/8.9A-512\/"},{"id":85389,"section_number":"8.9A-516","catch_line":"What constitutes filing; effectiveness of filing","order_by":null,"url":"\/8.9A-516\/"},{"id":78231,"section_number":"8.9A-519","catch_line":"Numbering, maintaining, and indexing records; communicating information provided in records","order_by":null,"url":"\/8.9A-519\/"},{"id":61411,"section_number":"8.9A-604","catch_line":"Procedure if security agreement covers real property or fixtures","order_by":null,"url":"\/8.9A-604\/"}],"permalink":{"id":283885,"object_type":"law","relational_id":59732,"identifier":"8.9A-109","token":"8.9A\/1\/2\/8.9A-109","url":"\/8.9A-109\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.9A-109\/","token":"8.9A\/1\/2\/8.9A-109","dublin_core":{"Title":"Scope","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.9A-109","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> General scope of title. Except as otherwise provided in subsections (c) and (d), this title applies to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> an agricultural lien<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> a sale of accounts, chattel paper, payment intangibles, or promissory notes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> a consignment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> a security interest arising under §§ 8.2-401<\/a>, 8.2-505<\/a>, 8.2-711<\/a> (3), or § 8.2A-508<\/a> (5), as provided in § 8.9A-110<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> a security interest arising under § 8.4-210<\/a> or § 8.5A-118<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> Security interest in secured obligation. The application of this title to a security interest in a secured obligation is not affected by the fact<\/span> that the obligation is itself secured by a transaction or interest to which this title does not apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> Extent to which title does not apply. This title does not apply to the extent that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a statute<\/span>, regulation, or treaty of the United States preempts this title; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> another statute<\/span> of this Commonwealth expressly governs the creation, perfection, priority, or enforcement of a security interest created by this Commonwealth or a governmental unit of this Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> a statute<\/span> of another state, a foreign country, or a governmental unit of another state or a foreign country, other than a statute<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> the rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under § 8.5A-114<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> Inapplicability of title. This title does not apply to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> a landlord’s lien<\/span>, other than an agricultural lien<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> a lien<\/span>, other than an agricultural lien<\/span>, given by statute<\/span> or other rule of law<\/span> for services or materials<\/span>, but § 8.9A-333<\/a> applies with respect to priority of the lien<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> an assignment of a claim for wages, salary, or other compensation of an employee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> a sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> an assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> an assignment of a right to payment under a contract<\/span> to an assignee that is also obligated to perform under the contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> an assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> a transfer of an interest in or an assignment of a claim under a policy of insurance or contract<\/span> for an annuity including a variable, 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 §§ 8.9A-315<\/a> and 8.9A-322<\/a> apply with respect to proceeds and priorities in proceeds; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> an assignment of a right represented by a judgment<\/span>, other than a judgment<\/span> taken on a right to payment that was collateral<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> a right of recoupment or set-off, but: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> § 8.9A-340<\/a> applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> \u00a7 8.9A-404<\/a> applies with respect to defenses or claims of an account debtor; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> the creation or transfer of an interest in or lien<\/span> on real property, including a lease or rents thereunder, except to the extent that provision is made for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> liens<\/span> on real property in §§ 8.9A-203<\/a> and 8.9A-308<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> fixtures in § 8.9A-334<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> fixture filings in §§ 8.9A-501<\/a>, 8.9A-502<\/a>, 8.9A-512<\/a>, 8.9A-516<\/a>, and 8.9A-519<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> security agreements covering personal and real property in \u00a7 8.9A-604<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> an assignment of a claim arising in tort<\/span>, other than a commercial tort<\/span> claim, but §§ 8.9A-315<\/a> and 8.9A-322<\/a> apply with respect to proceeds and priorities in proceeds; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> an assignment of a deposit account in a consumer transaction, but §§ 8.9A-315<\/a> and 8.9A-322<\/a> apply with respect to proceeds and priorities in proceeds; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> a sale of promissory notes by the Commonwealth or a governmental unit of the Commonwealth in connection with or in furtherance of the exercise of the borrowing power of the Commonwealth or a governmental unit of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Except as provided below, the creation, perfection, priority and enforcement of a security interest, lien<\/span> or pledge created, made or granted by the Commonwealth or a governmental unit of the Commonwealth to pay or secure any bonds<\/span>, notes, obligations or other debt securities issued thereby shall be governed by § 2.2-4902.1<\/a> and this title shall not apply to such a security interest, lien<\/span> or pledge. Security interests, liens<\/span> or pledges created by the Commonwealth or a governmental unit of this Commonwealth in goods or software, or the proceeds thereof, shall be governed by this title. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSCOPE (\u00a7 8.9A-109)\n\na. General scope of title. Except as otherwise provided in subsections (c) and\n(d), this title applies to:\n\n 1. a transaction, regardless of its form, that creates a security interest in\n personal property or fixtures by contract;\n\n 2. an agricultural lien;\n\n 3. a sale of accounts, chattel paper, payment intangibles, or promissory\n notes;\n\n 4. a consignment;\n\n 5. a security interest arising under §§ 8.2-401, 8.2-505, 8.2-711\n (3), or § 8.2A-508 (5), as provided in § 8.9A-110; and\n\n 6. a security interest arising under § 8.4-210 or § 8.5A-118.\n\nb. Security interest in secured obligation. The application of this title to a\nsecurity interest in a secured obligation is not affected by the fact that the\nobligation is itself secured by a transaction or interest to which this title\ndoes not apply.\n\nc. Extent to which title does not apply. This title does not apply to the extent\nthat:\n\n 1. a statute, regulation, or treaty of the United States preempts this title;\n\n 2. another statute of this Commonwealth expressly governs the creation,\n perfection, priority, or enforcement of a security interest created by this\n Commonwealth or a governmental unit of this Commonwealth;\n\n 3. a statute of another state, a foreign country, or a governmental unit of\n another state or a foreign country, other than a statute generally applicable\n to security interests, expressly governs creation, perfection, priority, or\n enforcement of a security interest created by the state, country, or\n governmental unit; or\n\n 4. the rights of a transferee beneficiary or nominated person under a letter\n of credit are independent and superior under § 8.5A-114.\n\nd. Inapplicability of title. This title does not apply to:\n\n 1. a landlord’s lien, other than an agricultural lien;\n\n 2. a lien, other than an agricultural lien, given by statute or other rule of\n law for services or materials, but § 8.9A-333 applies with respect to\n priority of the lien;\n\n 3. an assignment of a claim for wages, salary, or other compensation of an\n employee;\n\n 4. a sale of accounts, chattel paper, payment intangibles, or promissory notes\n as part of a sale of the business out of which they arose;\n\n 5. an assignment of accounts, chattel paper, payment intangibles, or\n promissory notes which is for the purpose of collection only;\n\n 6. an assignment of a right to payment under a contract to an assignee that is\n also obligated to perform under the contract;\n\n 7. an assignment of a single account, payment intangible, or promissory note\n to an assignee in full or partial satisfaction of a preexisting indebtedness;\n\n 8. a transfer of an interest in or an assignment of a claim under a policy of\n insurance or contract for an annuity including a variable, other than an\n assignment by or to a health-care provider of a health-care-insurance\n receivable and any subsequent assignment of the right to payment, but\n §§ 8.9A-315 and 8.9A-322 apply with respect to proceeds and\n priorities in proceeds;\n\n 9. an assignment of a right represented by a judgment, other than a judgment\n taken on a right to payment that was collateral;\n\n 10. a right of recoupment or set-off, but:\n\nA. § 8.9A-340 applies with respect to the effectiveness of rights of\nrecoupment or set-off against deposit accounts; and\n\nB. \u00a7 8.9A-404 applies with respect to defenses or claims of an account debtor;\n\n 11. the creation or transfer of an interest in or lien on real property,\n including a lease or rents thereunder, except to the extent that provision is\n made for:\n\nA. liens on real property in §§ 8.9A-203 and 8.9A-308;\n\nB. fixtures in § 8.9A-334;\n\nC. fixture filings in §§ 8.9A-501, 8.9A-502, 8.9A-512, 8.9A-516, and\n8.9A-519; and\n\nD. security agreements covering personal and real property in \u00a7 8.9A-604;\n\n 12. an assignment of a claim arising in tort, other than a commercial tort\n claim, but §§ 8.9A-315 and 8.9A-322 apply with respect to proceeds\n and priorities in proceeds;\n\n 13. an assignment of a deposit account in a consumer transaction, but\n §§ 8.9A-315 and 8.9A-322 apply with respect to proceeds and\n priorities in proceeds;\n\n 14. a sale of promissory notes by the Commonwealth or a governmental unit of\n the Commonwealth in connection with or in furtherance of the exercise of the\n borrowing power of the Commonwealth or a governmental unit of the\n Commonwealth.\n\ne. Except as provided below, the creation, perfection, priority and enforcement\nof a security interest, lien or pledge created, made or granted by the\nCommonwealth or a governmental unit of the Commonwealth to pay or secure any\nbonds, notes, obligations or other debt securities issued thereby shall be\ngoverned by § 2.2-4902.1 and this title shall not apply to such a security\ninterest, lien or pledge. Security interests, liens or pledges created by the\nCommonwealth or a governmental unit of this Commonwealth in goods or software,\nor the proceeds thereof, shall be governed by this title.\n\nHISTORY: 1964, c. 219, \u00a7\u00a7 8.9-102, 8.9-104; 1973, c. 509; 1974, c. 190; 1997,\nc. 343; 2000, c. 1007; 2001, cc. 289, 296.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}