Mississippi Code 1972 (2023) › Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS (§§ 75-1-101 — 75-NEW-NEW-007) › Chapter 9 - UNIFORM COMMERCIAL CODE-SECURED TRANSACTIONS (§§ 75-9-101 — 75-9-809) › Part 1 - GENERAL PROVISIONS (§§ 75-9-101 — 75-9-110) › Subpart 2 - APPLICABILITY OF ARTICLE (§§ 75-9-109 — 75-9-110) › Section 75-9-109 - Scope

(a)
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
75-2-401
,
75-2-505
,
75-2-711(3)
, or
75-2A-508(5)
, as provided in Section
75-9-110
; and
(6)
A security interest arising under Section
75-4-210
or
75-5-118
.
(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.
(c)
This article does not apply to the extent that:
(1)
A statute, regulation, or treaty of the United States preempts this article;
(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
(3)
The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under Section
75-5-114
.
(d)
This article does 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
75-9-333
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 preexisting 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
75-9-315
and
75-9-322
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
75-9-340
applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and
(B)
Section
75-9-404
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
75-9-203
and
75-9-308
;
(B)
Fixtures in Section
75-9-334
;
(C)
Fixture filings in Sections
75-9-501
,
75-9-502
,
75-9-512
,
75-9-516
, and
75-9-519
; and
(D)
Security agreements covering personal and real property in Section
75-9-604
;
(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
(13)
To a transfer by this state or a governmental unit of this state.
Former 1972 Code §
75-9-109
[Codes, 1942, § 41A:9-109; Laws, 1966, ch. 316, § 9-109] is now found in comparable provisions enacted at §
75-9-102
by Laws, 2001, ch. 495, § 1. Present §
75-9-109
derived from former 1972 Code §§
75-9-102
[Codes, 1942, § 41A:9-102; Laws, 1966, ch. 316, § 9-102; Laws, 1977, ch. 452, § 5] and
75-9-104
[Codes, 1942, § 41A:9-104; Laws, 1966, ch. 316, § 9-104; Laws, 1977, ch. 452, § 7; Laws, 1996, ch. 460, § 22] and was enacted by Laws, 2001, ch. 495, § 1; Laws, 2002, ch. 453, § 5, eff. 3/20/2002.