Section 1-9-408 - [Effective Until 11/1/2024] Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective(a) Except as otherwise provided in subsection (b) of this section, a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or a general intangible, including a contract, permit, license, or franchise, and which term prohibits, restricts, or requires the consent of the person obligated on the promissory note or the account debtor to, the assignment or transfer of, or creation, attachment, or perfection of a security interest in, the promissory note, health-care-insurance receivable, or general intangible, is ineffective to the extent that the term: (1) would impair the creation, attachment, or perfection of a security interest; or(2) provides that the assignment or transfer or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health-care-insurance receivable, or general intangible.(b) Subsection (a) of this section applies to a security interest in a payment intangible or promissory note only if the security interest arises out of a sale of the payment intangible or promissory note, other than a sale pursuant to a disposition under Section 1-9-610 of this title or an acceptance of collateral under Section 1-9-620 of this title.(c) A rule of law, statute, or regulation, that prohibits, restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory note, or account debtor to the assignment or transfer of, or creation of a security interest in, a promissory note, health-care-insurance receivable, or general intangible, including a contract, permit, license, or franchise between an account debtor and a debtor, is ineffective to the extent that the rule of law, statute, or regulation:(1) would impair the creation, attachment, or perfection of a security interest; or(2) provides that the assignment or transfer or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health-care-insurance receivable, or general intangible.(d) To the extent that a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or general intangible or a rule of law, statute, or regulation described in subsection (c) of this section would be effective under law other than this article but is ineffective under subsection (a) or (c) of this section, the creation, attachment, or perfection of a security interest in the promissory note, health-care-insurance receivable, or general intangible:(1) is not enforceable against the person obligated on the promissory note or the account debtor;(2) does not impose a duty or obligation on the person obligated on the promissory note or the account debtor;(3) does not require the person obligated on the promissory note or the account debtor to recognize the security interest, pay or render performance to the secured party, or accept payment or performance from the secured party;(4) does not entitle the secured party to use or assign the debtor's rights under the promissory note, health-care-insurance receivable, or general intangible, including any related information or materials furnished to the debtor in the transaction giving rise to the promissory note, health-care-insurance receivable, or general intangible;(5) does not entitle the secured party to use, assign, possess, or have access to any trade secrets or confidential information of the person obligated on the promissory note or the account debtor; and(6) does not entitle the secured party to enforce the security interest in the promissory note, health-care-insurance receivable, or general intangible.(e) Subsections (a) and (c) of this section do not apply to the assignment or transfer of or creation of a security interest in: (1) a claim or right to receive compensation for injuries or sickness as described in 26 U.S.C., Section 104(a)(1) or (2), as amended from time to time;(2) a claim or right to receive benefits under a special needs trust as described in 42 U.S.C., Section 1396p(d)(4), as amended from time to time; or(3) a structured settlement payment right as defined in paragraph 16 of Section 3239 of Title 12 of the Oklahoma Statutes to the extent of any conflict between the Uniform Commercial Code and the Structured Settlement Protection Act of 2001.Okla. Stat. tit. 12A, § 1-9-408
Amended by Laws 2015 , c. 374, s. 9, eff. 11/1/2015.Added by Laws 2000 , SB 1519, c. 371, § 77, eff. 7/1/2001; Amended by Laws 2004 , SB 1584, c. 153, § 6, eff. 11/1/2004.Oklahoma Code Comment
Under section 9-408 , a secured party can obtain and perfect a security interest in the rights of a licensee under a general intangible notwithstanding a provision in the agreement or other law prohibiting these acts. Section 9-408 (and not section 9-406 ) also applies to the sale of a payment intangible or the sale of a promissory note. Section 9-408 does not invalidate an otherwise effective contractual or statutory provision that limits the secured party's ability to enforce the security interest, however.
This section is set out more than once due to postponed, multiple, or conflicting amendments.