§ 9-109
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/md/commercial-law/9-109A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§9–109.
(a)Except as otherwise provided in subsections
(c)and (d), this title applies to:
(1)A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;
(2)An agricultural lien;
(3)A sale of accounts, chattel paper, payment intangibles, or promissory notes;
(4)A consignment;
(5)A security interest arising under § 2–401, § 2–505, § 2–711(3), or § 2A–508(5) of this article, as provided in § 9–110; and
(6)A security interest arising under § 4–210 or § 5–118 of this article.
(b)The application of this title to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this title does not apply.
(c)This title does not apply to the extent that:
(1)A statute, regulation, or treaty of the United States preempts this title;
(2)Another statute of this State expressly governs the creation, perfection, priority, or enforcement of a security interest created by this State or a governmental unit of this State;
(3)A statute of another state, a foreign country, or a governmental unit of another state or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the state, country, or governmental unit; or
(4)The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under § 5–114 of this article.
(d)This title does not apply to:
(1)A landlord’s lien, other than an agricultural lien;
(2)A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but § 9–333 applies with respect to priority of the lien;
(3)An assignment of a claim for wages, salary, or other compensation of an employee;
(4)A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose;
(5)An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;
(6)An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;
(7)An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;
(8)A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health–care provider of a health–care–insurance receivable and any subsequent assignment of the right to payment, but §§ 9–315 and 9–322 apply with respect to proceeds and priorities in proceeds;
(9)An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;
(10)A right of recoupment or set–off, but:
(A)§ 9–340 applies with respect to the effectiveness of rights of recoupment or set–off against deposit accounts; and
(B)§ 9–404 applies with respect to defenses or claims of an account debtor;
(11)The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for:
(A)Liens on real property in §§ 9–203 and 9–308;
(B)Fixtures in § 9–334;
(C)Fixture filings in §§ 9–501, 9–502, 9–512, 9–516, and 9–519; and
(D)Security agreements covering personal and real property in § 9–604;
(12)An assignment of a claim arising in tort, other than a commercial tort claim, but §§ 9–315 and 9–322 apply with respect to proceeds and priorities in proceeds; or
(13)An assignment of a deposit account in a consumer transaction, but §§ 9–315 and 9–322 apply with respect to proceeds and priorities in proceeds.