| | | 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. |
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| | | 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. |
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| | | §9-1302.__Law governing perfection and priority of |
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| | | 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. |
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| | | 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. |
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| | | §9-1303.__Law governing perfection and priority of security |
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| | | interests in goods covered by certificate of title |
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