{"data":{"id":"us-me/11-m.r.s.-9-1109","jurisdiction":"us-me","citation":"11 M.R.S. §9-1109","heading":"Scope","body":"(1).   Except as otherwise provided in subsections (3) and (4), this Article applies to:\n(a).  A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;\n(b).  An agricultural lien;\n(c).  A sale of accounts, chattel paper, payment intangibles or promissory notes;\n(d).  A consignment;\n(e).  A security interest arising under section 2‑401, 2‑505, 2‑711, subsection (3) or 2‑1508, subsection (5), as provided in section 9‑1110; and\n(f).  A security interest arising under section 4‑210 or 5‑1118.\n(2).   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.\n(3).   This Article does not apply to the extent that:\n(a).  A statute, regulation or treaty of the United States preempts this Article;\n(b).  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(c).  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(d).  The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under section 5‑1114.\n(4).   This Article does not apply to:\n(a).  A landlord's lien, other than an agricultural lien;\n(b).  A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but section 9‑1333 applies with respect to priority of the lien;\n(c).  An assignment of a claim for wages, salary or other compensation of an employee;\n(d).  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(e).  An assignment of accounts, chattel paper, payment intangibles or promissory notes that is for the purpose of collection only;\n(f).  An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;\n(g).  An assignment of a single account, payment intangible or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;\n(h).  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 9‑1315 and 9‑1322 apply with respect to proceeds and priorities in proceeds;\n(i).  An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;\n(j).  A right of recoupment or setoff, but:\n(i)  Section 9‑1340 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and\n(ii)  Section 9‑1404 applies with respect to defenses or claims of an account debtor;\n(k).  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(i)  Liens on real property in sections 9‑1203 and 9‑1308;\n(ii)  Fixtures in section 9‑1334;\n(iii)  Fixture filings in sections 9‑1501, 9‑1502, 9‑1512, 9‑1516 and 9‑1519; and\n(iv)  Security agreements covering personal and real property in section 9‑1604;\n(l).  An assignment of a claim arising in tort, other than a commercial tort claim, but sections 9‑1315 and 9‑1322 apply with respect to proceeds and priorities in proceeds;\n(m).  An assignment of a deposit account in a consumer transaction, but sections 9‑1315 and 9‑1322 apply with respect to proceeds and priorities in proceeds;\n(n).  A claim or right to receive compensation for injuries or sickness, other than health-care insurance receivables, as described in 26 United States Code, Section 104(a)(1) or (2); or\n(o).  A claim or right to receive benefits under a special needs trust as described in 42 United States Code, Section 1396p(d)(4).","path":["TITLE 11: UNIFORM COMMERCIAL CODE","PART 1: GENERAL PROVISIONS"],"source_url":"https://legislature.maine.gov/statutes/11/title11sec9-1109.html","current_through":"October 1, 2025","vintage":"","retrieved_at":"2026-09-04T15:12:25Z","sha256":"80e875e2db2781a86aa1f7644d52736617824a71a375078ee02409da0fb1c400","source_id":"us-me","stale":false,"prev":"us-me/11-m.r.s.-9-1108","next":"us-me/11-m.r.s.-9-1110"},"notice":"GroundRules: Original legal text. Not legal advice."}