Section 9-109 - Scope.
§ 9-109. Scope.
(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.
[1999, ch. 282, § 2.]