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. |