{"data":{"id":"us-md/md.-code-commercial-law-9-109","jurisdiction":"us-md","citation":"Md. Code, Commercial Law § 9–109","heading":"","body":"(a) Except as otherwise provided in subsections (c) and (d), this title applies to:\n(1) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;\n(2) An agricultural lien;\n(3) A sale of accounts, chattel paper, payment intangibles, or promissory notes;\n(4) A consignment;\n(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\n(6) A security interest arising under § 4–210 or § 5–118 of this article.\n(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.\n(c) This title does not apply to the extent that:\n(1) A statute, regulation, or treaty of the United States preempts this title;\n(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;\n(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\n(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.\n(d) This title does not apply to:\n(1) A landlord’s lien, other than an agricultural lien;\n(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;\n(3) An assignment of a claim for wages, salary, or other compensation of an employee;\n(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;\n(5) An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;\n(6) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;\n(7) An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;\n(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;\n(9) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;\n(10) A right of recoupment or set–off, but:\n(A) § 9–340 applies with respect to the effectiveness of rights of recoupment or set–off against deposit accounts; and\n(B) § 9–404 applies with respect to defenses or claims of an account debtor;\n(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:\n(A) Liens on real property in §§ 9–203 and 9–308;\n(B) Fixtures in § 9–334;\n(C) Fixture filings in §§ 9–501, 9–502, 9–512, 9–516, and 9–519; and\n(D) Security agreements covering personal and real property in § 9–604;\n(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\n(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.","path":["Article - Commercial Law"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl\u0026section=9-109","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:56:33Z","sha256":"4a4eb76d68cb04eb494d70ffb74337027af25c3bdbb1264c1befd683dab116b3","source_id":"us-md","stale":false,"prev":"us-md/md.-code-commercial-law-9-108","next":"us-md/md.-code-commercial-law-9-110"},"notice":"GroundRules: Original legal text. Not legal advice."}
