MA Gen L ch 9 § 9-109 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XV - Regulation of Trade|Chapter 106 - Uniform Commercial Code|Article 9 - Secured Transactions|Section 9-109 - Scope

Section 9–109. (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;  (4) a consignment;  (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.