LD 2245
pg. 120
Page 119 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 121 of 493
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LR 1087
Item 1

 
the debtor is located (State B)--a common practice for some
chattel paper financers. By providing that the law of the
jurisdiction in which the collateral is located governs priority,
paragraph (3) [Maine cite paragraph (c)] substantially diminishes
this problem.

 
8. Non-U.S. Debtors. This Article applies the same choice-
of-law rules to all debtors, foreign and domestic. For example,
it adopts the bifurcated approach for determining the law
applicable to security interests in goods and other tangible
collateral. See Comment 5.a., above. The Article contains a new
rule specifying the location of non-U.S. debtors for purposes of
this Part. The rule appears in Section 9-307 [Maine cite section
9-1307] and is explained in the Reporters' Comments following
that section. Former Section 9-103(3)(c), which contained a
special choice-of-law rule governing security interests created
by debtors located in a non-U.S. jurisdiction, proved
unsatisfactory and was deleted.

 
§9-1302.__Law governing perfection and priority of

 
agricultural liens

 
While farm products are located in a jurisdiction, the local
law of that jurisdiction governs perfection, the effect of
perfection or nonperfection and the priority of an agricultural
lien on the farm products.

 
Official Comment

 
1. Source. New.

 
2. Agricultural Liens. This section provides choice-of-law
rules for agricultural liens on farm products. Perfection, the
effect of perfection or nonperfection, and priority all are
governed by the law of the jurisdiction in which the farm
products are located. Other choice-of-law rules, including
Section 1-105, determine which jurisdiction's law governs other
matters, such as the secured party's rights on default. See
Section 9-301 [Maine cite section 9-1301], Comment 2. Inasmuch
as no agricultural lien on proceeds arises under this Article,
this section does not expressly apply to proceeds of agricultural
liens. However, if another statute creates an agricultural lien
on proceeds, it may be appropriate for courts to apply the
choice-of-law rule in this section to determine priority in the
proceeds.

 
§9-1303.__Law governing perfection and priority of security

 
interests in goods covered by certificate of title


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