Maryland Commercial Law Section 9-109

Article - Commercial Law

§ 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.



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