LD 2245
pg. 121
Page 120 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 122 of 493
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LR 1087
Item 1

 
(1)__This section applies to goods covered by a certificate of
title, even if there is no other relationship between the
jurisdiction under whose certificate of title the goods are
covered and the goods or the debtor.

 
(2)__Goods become covered by a certificate of title when a
valid application for the certificate of title and the applicable
fee are delivered to the appropriate authority.__Goods cease to
be covered by a certificate of title at the earlier of the time
the certificate of title ceases to be effective under the law of
the issuing jurisdiction or the time the goods become covered
subsequently by a certificate of title issued by another
jurisdiction.

 
(3)__The local law of the jurisdiction under whose certificate
of title the goods are covered governs perfection, the effect of
perfection or nonperfection and the priority of a security
interest in goods covered by a certificate of title from the time
the goods become covered by the certificate of title until the
goods cease to be covered by the certificate of title.

 
Official Comment

 
1. Source. Former Section 9-103(2)(a), (b), substantially
revised.

 
2. Scope of This Section. This section applies to "goods
covered by a certificate of title." The new definition of
"certificate of title" in Section 9-102 [Maine cite section 9-
1102] makes clear that this section applies not only to
certificate-of-title statutes under which perfection occurs upon
notation of the security interest on the certificate but also to
those that contemplate notation but provide that perfection is
achieved by another method, e.g., delivery of designated
documents to an official. Subsection (a) [Maine cite subsection
(1)], which is new, makes clear that this section applies to
certificates of a jurisdiction having no other contacts with the
goods or the debtor. This result comports with most of the
reported cases on the subject and with contemporary business
practices in the trucking industry.

 
3. Law Governing Perfection and Priority. Subsection (c)
[Maine cite subsection (3)] is the basic choice-of-law rule for
goods covered by a certificate of title. Perfection and priority
of a security interest are governed by the law of the
jurisdiction under whose certificate of title the goods are
covered from the time the goods become covered by the certificate
of title until the goods cease to be covered by the certificate
of title.


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