Current through 2024 Legislative Session Act Chapter 531
Section 9-111 - Law governing creation, attachment and enforcement of security interests; characterizations; and certain other rights(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. 75 Del. Laws, c. 66, § 1.;