LD 2245
pg. 116
Page 115 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 117 of 493
Download Bill Text
LR 1087
Item 1

 
the substantive law of State Y, which provides that financing
statements are to be filed in a filing office in State Y. If
litigation occurs in State Y, the court should look to the law of
State X, whose choice-of-law rule requires that the court apply
the substantive law of State Y. Thus, regardless of the
jurisdiction in which the litigation arises, the financing
statement should be filed in State Y.

 
4. Law Governing Perfection: General Rule. Paragraph (1)
[Maine cite paragraph (a)] contains the general rule: the law
governing perfection of security interests in both tangible and
intangible collateral, whether perfected by filing or
automatically, is the law of the jurisdiction of the debtor's
location, as determined under Section 9-307 [Maine cite section
9-1307].

 
Paragraph (1) [Maine cite paragraph (a)] substantially
simplifies the choice-of-law rules. Former Section 9-103
contained different choice-of-law rules for different types
of collateral. Under Section 9-301(1) [Maine cite section
9-1301, subsection (1)], the law of a single jurisdiction
governs perfection with respect to most types of collateral,
both tangible and intangible. Paragraph (1) [Maine cite
paragraph (a)] eliminates the need for former Section 9-
103(1)(c), which concerned purchase-money security interests
in tangible collateral that is intended to move from one
jurisdiction to the other. It is likely to reduce the
frequency of cases in which the governing law changes after
a financing statement is properly filed. (Presumably,
debtors change their own location less frequently than they
change the location of their collateral.) The approach
taken in paragraph (1) [Maine cite paragraph (a)] also
eliminates some difficult priority issues and the need to
distinguish between "mobile" and "ordinary" goods, and it
reduces the number of filing offices in which secured
parties must file or search when collateral is located in
several jurisdictions.

 
5. Law Governing Perfection: Exceptions. The general rule
is subject to several exceptions. It does not apply to goods
covered by a certificate of title (see Section 9-303 [Maine cite
section 9-1303]), deposit accounts (see Section 9-304) [Maine
cite section 9-1304], investment property (see Section 9-305
[Maine cite section 9-1305]), or letter-of-credit rights (see
Section 9-306 [Maine cite section 9-1306]). Nor does it apply to
possessory security interests, i.e., security interests that the
secured party has perfected by taking possession of the
collateral (see paragraph (2) [Maine cite paragraph (b)]),
security interests perfected by filing a fixture filing (see
paragraph (4) [Maine cite paragraph (d)]), security interests in


Page 115 of 493 Top of Page Page 117 of 493