Illinois Compiled Statutes
810 ILCS 5/9-201 (2026)
General effectiveness of security agreement
✓ current as of May 2026
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(810 ILCS 5/9-201)
(from Ch. 26, par. 9-201) Sec. 9-201. General effectiveness of security agreement. (a) General effectiveness. Except as otherwise provided in the Uniform Commercial Code, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors. (b) Applicable consumer laws and other law. A transaction subject to this Article is subject to any applicable rule of law, statute, or regulation which establishes a different rule for consumers, including, without limitation: (1) the Retail Installment Sales Act; (2) the Motor Vehicle Retail Installment Sales Act; (3) Article II of Chapter 3 of the Illinois Vehicle | Code; |
(4) Article IIIB of the Boat Registration and Safety | Act; |
(5) the Pawnbroker Regulation Act of 2023; (6) the Motor Vehicle Leasing Act; (7) the Consumer Installment Loan Act; (8) the Consumer Deposit Security Act of 1987; (9) the Predatory Loan Prevention Act; (10) the Consumer Fraud and Deceptive Business | Practices Act; |
(11) any other statute or regulation that regulates | the rates, charges, agreements, and practices for loans, credit sales, or other extensions of credit; and |
(12) any consumer protection statute or regulation. (c) Other applicable law controls. In case of conflict between this Article and a rule of law, statute, or regulation described in subsection (b), the rule of law, statute, or regulation controls. Failure to comply with a rule of law, statute, or regulation described in subsection (b) has only the effect such rule of law, statute, or regulation specifies. (d) Further deference to other applicable law. This Article does not: (1) validate any rate, charge, agreement, or practice | that violates a rule of law, statute, or regulation described in subsection (b); or |
(2) extend the application of the rule of law, | statute, or regulation to a transaction not otherwise subject to it. |
(Source: P.A. 103-585, eff. 3-22-24; 103-1036, eff. 1-1-25.)
Notes of Decisions
Cited in 7
cases, 1997–2018 · leading case: In re Elk Grove Vill. Petroleum, 510 B.R. 594 (Bankr. N.D. Ill. 2014).
In re Elk Grove Vill. Petroleum, 510 B.R. 594 (Bankr. N.D. Ill. 2014). “”); 810 ILCS 5/9-201(a) (same); see also UCC § 9-315(a) (“Except as otherwise provided in this article and in Section 2-403(2):(l) a security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless…”
In Re Howard, 597 F.3d 852 (7th Cir. 2010). “810 ILCS 5/9-201(b)(2). (We cite Illinois’s version of the UCC here because it refers specifically to the Motor Vehicle Retail Installment Sales Act.”
Illinois Dep't of Revenue v. Elk Grove Vill. Petroleum, LLC, 541 B.R. 673 (N.D. Ill. 2015). “First, the Bankruptcy Court, citing 810 ILCS 5/9-201(a), found that, just as the IDOR had lost its ability to pursue the purchaser of the gas stations for the transferred property, “that is a right that all secured creditors whose liens are not released would have.”
Malek v. Gold Coast Exotic Imports, LLC, 2018 IL App (1st) 171459 (Ill. App. Ct. 2018). “810 ILCS 5/9-201(b)(3) (West 2016). Article II, however, does not apply to certain "excepted" liens and security interests.”
Malek v. Gold Coast Exotic Imports, LLC, 2018 IL App (1st) 171459 (Ill. App. Ct. 2018). “810 ILCS 5/9-201(b)(3) (West 2016). Article II, however, does not apply to certain “excepted” liens and security interests.”
Farmers & Merchants Bank of Carlinville v. DeKalb Swine Breeders, Inc. (In Re Jack-Rich, Inc.), 204 B.R. 709 (Bankr. C.D. Ill. 1997). “810 ILCS 5/9-201 et seq. Once inventory, it could not be removed from inventory and placed in trust for DeKalb by agreement between Jack-Rich and DeKalb.”
Metro. Life Ins. Co. v. Am. Nat'l Bank & Trust Co. (Ill. App. Ct. 1997). “In general, a security agreement is effective according to its terms between the parties (810 ILCS 5/9-201 (West 1994)). The 1990 security agreement's dragnet clause stated: "As security for the performance and payment of all of Borrower's liabilities to Bank, including…”
— 810 ILCS 5/9-201(a) — 2 cases
In re Elk Grove Vill. Petroleum, 510 B.R. 594 (Bankr. N.D. Ill. 2014). “”); 810 ILCS 5/9-201(a) (same); see also UCC § 9-315(a) (“Except as otherwise provided in this article and in Section 2-403(2):(l) a security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless…”
Illinois Dep't of Revenue v. Elk Grove Vill. Petroleum, LLC, 541 B.R. 673 (N.D. Ill. 2015). “First, the Bankruptcy Court, citing 810 ILCS 5/9-201(a), found that, just as the IDOR had lost its ability to pursue the purchaser of the gas stations for the transferred property, “that is a right that all secured creditors whose liens are not released would have.”
— 810 ILCS 5/9-201(b)(2) — 1 case
In Re Howard, 597 F.3d 852 (7th Cir. 2010). “810 ILCS 5/9-201(b)(2). (We cite Illinois’s version of the UCC here because it refers specifically to the Motor Vehicle Retail Installment Sales Act.”
— 810 ILCS 5/9-201(b)(3) — 2 cases
Malek v. Gold Coast Exotic Imports, LLC, 2018 IL App (1st) 171459 (Ill. App. Ct. 2018). “810 ILCS 5/9-201(b)(3) (West 2016). Article II, however, does not apply to certain "excepted" liens and security interests.”
Malek v. Gold Coast Exotic Imports, LLC, 2018 IL App (1st) 171459 (Ill. App. Ct. 2018). “810 ILCS 5/9-201(b)(3) (West 2016). Article II, however, does not apply to certain “excepted” liens and security interests.”
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