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Del. Code tit. 6, §§ 9-111

Law governing creation, attachment and enforcement of security interests; characterizations; and certain other rights

Known as the Uniform Commercial Code

The act spans §§ 6–6 (106 sections).

75 Del

(a) Law governing classification of collateral and creation, attachment and enforcement of security interests. — If a security agreement is governed by the Laws of the State of Delaware, then those Laws shall govern, among other things:

(1) The classification of the collateral subject to that agreement; and

(2) The creation, attachment, validity and enforcement of the security interest.

(b) Law governing characterization of certain transactions. — If an agreement is governed by the Laws of the State of Delaware, then those Laws shall govern, among other things:

(1) The characterization of a transaction subject to that agreement as (A) an interest in personal property or fixtures that secures payment or performance of an obligation, or (B) a sale, lease, bailment or consignment; and

(2) The characterization of a transaction subject to that agreement as a securitization transaction for purposes of Chapter 27A of this title.

Official source: Delaware Code Online. Reproduced from public-domain Delaware statutes; confirm against the official source for the current text. Not legal advice.