LD 2245
pg. 13
Page 12 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 14 of 493
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LR 1087
Item 1

 
communicate with a filing office by means of records communicated
and stored in media other than on paper.

 
Identity of person who files a record; authorization. Part 5
is largely indifferent as to the person who effects a filing.
Instead, it addresses whose authorization is necessary for a
person to file a record with a filing office. The filing scheme
does not contemplate that the identity of a "filer" will be a
part of the searchable records. This approach is consistent
with, and a necessary aspect of, eliminating signatures or other
evidence of authorization from the system (except to the extent
that filing offices may choose to employ authentication
procedures in connection with electronic communications). As
long as the appropriate person authorizes the filing, or, in the
case of a termination statement, the debtor is entitled to the
termination, it is largely insignificant whether the secured
party or another person files any given record.

 
Section 9-509 [Maine cite section 9-1509] collects in one
place most of the rules that determine when a record may be
filed. In general, the debtor's authorization is required for
the filing of an initial financing statement or an amendment that
adds collateral. With one further exception, a secured party of
record's authorization is required for the filing of other
amendments. The exception arises if a secured party has failed
to provide a termination statement that is required because there
is no outstanding secured obligation or commitment to give value.
In that situation, a debtor is authorized to file a termination
statement indicating that it has been filed by the debtor.

 
Financing statement formal requisites. The formal requisites
for a financing statement are set out in Section 9-502 [Maine
cite section 9-1502]. A financing statement must provide the
name of the debtor and the secured party and an indication of the
collateral that it covers. Sections 9-503 and 9-506 [Maine cite
sections 9-1503, 9-1506] address the sufficiency of a name
provided on a financing statement and clarify when a debtor's
name is correct and when an incorrect name is insufficient.
Section 9-504 addresses the indication of collateral covered.
Under Section 9-504 [Maine cite section 9-1504], a super-generic
description (e.g.,"all assets" or "all personal property") in a
financing statement is a sufficient indication of the collateral.
(Note, however, that a super-generic description is inadequate
for purposes of a security agreement. See Sections 9-108, 9-
203.) [Maine cite sections 9-1108, 9-1203] To facilitate
electronic filing, this Article does not require that the
debtor's signature or other authorization appear on a financing
statement. Instead, it prohibits the filing of unauthorized
financing statements and imposes liability upon those who violate


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