LD 2245
pg. 10
Page 9 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 11 of 493
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LR 1087
Item 1

 
Also under Section 9-328 [Maine cite section 9-1328], security
interests perfected by control generally rank according to the
time that control is obtained or, in the case of a security
entitlement or a commodity contract carried in a commodity
account, the time when the control arrangement is entered into.
This is a change from former Section 9-115, under which the
security interests ranked equally. However, as between a
securities intermediary's security interest in a security
entitlement that it maintains for the debtor and a security
interest held by another secured party, the securities
intermediary's security interest is senior.

 
Deposit accounts. This Article's priority rules applicable to
deposit accounts are found in Section 9-327 [Maine cite section
9-1327]. They are patterned on and are similar to those for
investment property in former Section 9-115 and Section 9-328 of
this Article. Under Section 9-327 [Maine cite section 9-1327],
if a secured party has control of a deposit account, its security
interest is senior to a security interest perfected in another
manner (i.e., as cash proceeds). Also under Section 9-327 [Maine
cite section 9-1327], security interests perfected by control
rank according to the time that control is obtained, but as
between a depositary bank's security interest and one held by
another secured party, the depositary bank's security interest is
senior. A corresponding rule in Section 9-340 [Maine cite
section 9-1340] makes a depositary bank's right of set-off
generally senior to a security interest held by another secured
party. However, if the other secured party becomes the
depositary bank's customer with respect to the deposit account,
then its security interest is senior to the depositary bank's
security interest and right of set-off. Sections 9-327, 9-340
[Maine cite sections 9-1327, 9-1340].

 
Letter-of-credit rights. The priority rules for security
interests in letter-of-credit rights are found in Section 9-329
[Maine cite section 9-1329]. They are somewhat analogous to
those for deposit accounts. A security interest perfected by
control has priority over one perfected in another manner (i.e.,
as a supporting obligation for the collateral in which a security
interest is perfected). Security interests in a letter-of-credit
right perfected by control rank according to the time that
control is obtained. However, the rights of a transferee
beneficiary or a nominated person are independent and superior to
the extent provided in Section 5-114. See Section 9-109(c)(4)
[Maine cite section 9-1109, subsection (3), paragraph (d)].

 
Chattel paper and instruments. Section 9-330 [Maine cite
section 9-1330] is the successor to former Section 9-308. As
under former Section 9-308, differing priority rules apply to
purchasers of chattel paper who give new value and take


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