{"data":{"id":"us-ms/miss.-code-ann.-75-9-109","jurisdiction":"us-ms","citation":"Miss. Code Ann. § 75-9-109","heading":"Scope.","body":"(a) Except as otherwise provided in subsections (c) and (d), this article 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 Section 75-2-401, 75-2-505, 75-2-711(3), or 75-2A-508(5), as provided in Section 75-9-110; and\n(6) A security interest arising under Section 75-4-210 or 75-5-118.\n(b) 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(c) This article does not apply to the extent that:\n(1) A statute, regulation, or treaty of the United States preempts this article;\n(2) 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(3) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under Section 75-5-114.\n(d) This article 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 Section 75-9-333 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 Sections 75-9-315 and 75-9-322 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) Section 75-9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and\n(B) Section 75-9-404 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 Sections 75-9-203 and 75-9-308;\n(B) Fixtures in Section 75-9-334;\n(C) Fixture filings in Sections 75-9-501, 75-9-502, 75-9-512, 75-9-516, and 75-9-519; and\n(D) Security agreements covering personal and real property in Section 75-9-604;\n(12) An assignment of a claim arising in tort, other than a commercial tort claim, but Sections 75-9-315 and 75-9-322 apply with respect to proceeds and priorities in proceeds; or\n(13) To a transfer by this state or a governmental unit of this state.","path":["Title 75. Regulation of Trade, Commerce and Investments","Chapter 9. Uniform Commercial Code—Secured Transactions","Part 1. General Provisions.","Subpart 2. Applicability of Article."],"source_url":"https://archive.org/download/gov.ms.code.ann.2018/release78.2020.07.08/gov.ms.code.title.75.odt","current_through":"2020-07-08","vintage":"Mississippi Code Release 78 (2020-07), retrieved 2026-09-17","retrieved_at":"2026-10-27T05:54:13Z","sha256":"0459dc7419ded5b6f83e89aef821c6d60e4fcfe9df6ff3383d5aeaab7da03bb1","source_id":"us-ms","stale":false,"prev":"us-ms/miss.-code-ann.-75-9-108","next":"us-ms/miss.-code-ann.-75-9-110","notices":[{"id":"open-us-law","title":"Open US Law compilation","text":"Compilation CC BY 4.0, Open US Law (Vaquill AI). GroundRules uses only the releases published under CC BY 4.0: from v2026.09 the compilation is licensed CC BY-NC 4.0, and GroundRules does not use those releases. Each affected row names its release in its vintage label. GroundRules parsed and filtered the compilation to retain enacted text.","url":"https://huggingface.co/datasets/vaquill/open-us-law","license_url":"https://creativecommons.org/licenses/by/4.0/"},{"id":"pro-ms","title":"Mississippi Release 78 supplement","text":"Mississippi electronic product files were republished by Public.Resource.Org under a public-domain dedication. GroundRules uses enacted text from Release 78 only as a labeled supplement to the newer Open US Law rows.","url":"https://archive.org/details/gov.ms.code.ann.2018"}]},"notice":"GroundRules: Original legal text. Not legal advice."}
