Section 106:9-109 - Scope(a) General scope of article. Except as otherwise provided in subsections (c) and (d), this article 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;(5) a security interest arising under Section 2-401, 2-505, 2-711(3), or 2A-508(5), as provided in Section 9-110; and(6) a security interest arising under Section 4-210 or 5-118.(b) Security interest in secured obligation. The application of this article 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 article does not apply.(c) Extent to which article does not apply. This article does not apply to the extent that: (1) a statute, regulation, or treaty of the United States preempts this article;(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 Section 5-114.(d) Inapplicability of article. This article shall 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 Section 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 pre-existing 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 Sections 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) Section 9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and(B) Section 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 Sections 9-203 and 9-308;(B) fixtures in Section 9-334;(C) fixture filings in Sections 9-501, 9-502, 9-512, 9-516, and 9-519; and(D) security agreements covering personal and real property in Section 9-604;(12) an assignment of a claim arising in tort, other than a commercial tort claim, but Sections 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 Sections 9-315 and 9-322 apply with respect to proceeds and priorities in proceeds.Mass. Gen. Laws ch. 106, § 9-109
Amended by Acts 2013, c. 30,§ 53, eff. 7/1/2013.Amended by Acts 2001, c. 26, § 39, eff. 7/1/01.