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Current as of January 01, 2025 | Updated by Findlaw Staff
In this chapter unless the context otherwise requires:
(a) “Account debtor” means the person who is obligated on an account, chattel paper or general intangible;
(b) “Chattel paper” means a writing or writings which evidence both a monetary obligation and a security interest in or a lease of specific goods, but a charter or other contract involving the use or hire of a vessel is not chattel paper. When a transaction is evidenced both by such a security agreement or a lease and by an instrument or a series of instruments, the group of writings taken together constitutes chattel paper;
(c) “Collateral” means the property subject to a security interest, and includes accounts and chattel paper which have been sold;
(d) “Debtor” means the person who owes payment or other performance of the obligation secured, whether or not he owns or has rights in the collateral, and includes the seller of accounts or chattel paper. Where the debtor and the owner of the collateral are not the same person, the term “debtor” means the owner of the collateral in any provision of the chapter dealing with the collateral, the obligor in any provision dealing with the obligation, and may include both where the context so requires;
(e) “Deposit account” means a demand, time, savings, passbook or like account maintained with a bank, savings and loan association, credit union or like organization, other than an account evidenced by a certificate of deposit;
(f) “Document” means document of title as defined in the general definitions of Chapter 1 (Section 75-1-201), and a receipt of the kind described in Section 75-7-201(2);
(g) “Encumbrance” includes real estate mortgages and other liens on real estate and all other rights in real estate that are not ownership interests;
(h) “Goods” includes all things which are movable at the time the security interest attaches or which are fixtures (Section 75-9-313), but does not include money, documents, instruments, investment property, accounts, chattel paper, general intangibles, or minerals or the like (including oil and gas) before extraction. “Goods” also includes standing timber which is to be cut and removed under a conveyance or contract for sale, the unborn young of animals, growing crops, and farm-raised fish produced in fresh water according to the usual and customary techniques of commercial agriculture, and marine vessels (herein defined as every type of watercraft used, or capable of being used, as a means of transportation on water) including both marine vessels under construction, including engines and all items of equipment installed or to be installed therein, whether such vessels are being constructed by the shipbuilder for his own use or for sale (said vessels under construction being classified as inventory within the meaning of Section 75-9-109(4)), and marine vessels after completion of construction so long as such vessels have not become “vessels of the United States” within the meaning of the Ship Mortgage Act of 1920, 46 U.S.C., Section 911(4), as same is now written or may hereafter be amended (said completed vessels being classified as equipment within the meaning of Section 75-9-109(2));
(i) “Instrument” means a negotiable instrument (defined in Section 75-3-104) or any other writing which evidences a right to the payment of money and is not itself a security agreement or lease and is of a type which is in ordinary course of business transferred by delivery with any necessary indorsement or assignment. The term does not include investment property;
(j) “Mortgage” means a consensual interest created by a real estate mortgage, a trust deed on real estate, or the like;
(k) An advance is made “pursuant to commitment” if the secured party has bound himself to make it, whether or not a subsequent event of default or other event not within his control has relieved or may relieve him from his obligations;
(l) “Security agreement” means an agreement which creates or provides for a security interest;
(m) “Secured party” means a lender, seller or other person in whose favor there is a security interest, including a person to whom accounts or chattel paper have been sold. When the holders of obligations issued under an indenture of trust, equipment trust agreement or the like are represented by a trustee or other person, the representative is the secured party;
(n) “Transmitting utility” means any person primarily engaged in the railroad, street railway or trolley bus business, the electric or electronics communications transmission business, the transmission of goods by pipeline, or the transmission or the production and transmission of electricity, steam, gas or water, or the provision of sewer service.
(2) Other definitions applying to this chapter and the sections in which they appear are:
|
“Account” |
(Section 75-9-106) |
|
“Attach” |
(Section 75-9-203) |
|
“Commodity contract” |
(Section 75-9-115) |
|
“Commodity customer” |
(Section 75-9-115) |
|
“Commodity intermediary” |
(Section 75-9-115) |
|
“Construction mortgage” |
(Section 75-9-313(1)) |
|
“Consumer goods” |
(Section 75-9-109(1)) |
|
“Control” |
(Section 75-9-115) |
|
“Equipment” |
(Section 75-9-109(2)) |
|
“Farm products” |
(Section 75-9-109(3)) |
|
“Fixture” |
(Section 75-9-313) |
|
“Fixture filing” |
(Section 75-9-313) |
|
“General intangibles” |
(Section 75-9-106) |
|
“Inventory” |
(Section 75-9-109(4)) |
|
“Investment Property” |
(Section 75-9-115) |
|
“Letter of credit” |
(Section 75-5-102) |
|
“Lien creditor” |
(Section 75-9-301(3)) |
|
“Proceeds” |
(Section 75-9-306(1)) |
|
“Proceeds of a letter of credit” |
(Section 75-5-114(a)) |
|
“Purchase money security interest” |
(Section 75-9-107) |
|
“United States” |
(Section 75-9-103) |
(3) The following definitions in other chapters apply to this chapter:
|
“Broker” |
(Section 75-8-102) |
|
“Certificated security” |
(Section 75-8-102) |
|
“Check” |
(Section 75-3-104) |
|
“Clearing corporation” |
(Section 75-8-102) |
|
“Contract for sale” |
(Section 75-2-106) |
|
“Control” |
(Section 75-8-106) |
|
“Delivery” |
(Section 75-8-301) |
|
“Entitlement holder” |
(Section 75-8-102) |
|
“Financial asset” |
(Section 75-8-102) |
|
“Holder in due course” |
(Section 75-3-302) |
|
“Note” |
(Section 75-3-104) |
|
“Sale” |
(Section 75-2-106) |
|
“Securities intermediary” |
(Section 75-8-102) |
|
“Security” |
(Section 75-8-102) |
|
“Security certificate” |
(Section 75-8-102) |
|
“Security entitlement” |
(Section 75-8-102) |
|
“Uncertificated security” |
(Section 75-8-102) |
(4) In addition, Chapter 1 contains general definitions and principles of construction and interpretation applicable throughout this chapter.
Cite this article: FindLaw.com - Mississippi Code Title 75. Regulation of Trade, Commerce and Investments § 75-9-105 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-75-regulation-of-trade-commerce-and-investments/ms-code-sect-75-9-105-nr2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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