Del. Code Ann. tit. 6, § 9-111

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

75 Del. Laws, c. 66, § 1;
  1. (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. (1) The classification of the collateral subject to that agreement; and
    2. (2) The creation, attachment, validity and enforcement of the security interest.
  2. (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. (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. (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

Log InSign Up