LD 2245
pg. 131
Page 130 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 132 of 493
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LR 1087
Item 1

 
(e.g., confirmer's) jurisdiction, derived from the terms of the
letter of credit itself, controls perfection and priority, but
only if the issuer's or nominated person's jurisdiction is a
State, as defined in Section 9-102 [Maine cite section 9-1102].
If the issuer's or nominated person's jurisdiction is not a
State, the baseline rule of Section 9-301 [Maine cite section 9-
1301] applies--perfection and priority are governed by the law of
the debtor's location, determined under Section 9-307 [Maine cite
section 9-1307]. Export transactions typically involve a foreign
issuer and a domestic nominated person, such as a confirmer,
located in a State. The principal goal of this section is to
reduce the likelihood that perfection and priority would be
governed by the law of a foreign jurisdiction in a transaction
that is essentially domestic from the standpoint of the debtor-
beneficiary, its creditors, and a domestic nominated person.

 
3. Issuer's or Nominated Person's Jurisdiction. Subsection
(b) [Maine cite subsection (2)] defers to the rules established
under Section 5-116 for determination of an issuer's or nominated
person's jurisdiction.

 
Example: An Italian bank issues a letter of credit that is
confirmed by a New York bank. The beneficiary is a Connecticut
corporation. The letter of credit provides that the issuer's
liability is governed by Italian law, and the confirmation
provides that the confirmer's liability is governed by the law of
New York. Under Sections 9-306(b) [Maine cite section 9-1306,
subsection (2)] and 5-116(a), Italy is the issuer's jurisdiction
and New York is the confirmer's (nominated person's)
jurisdiction. Because the confirmer's jurisdiction is a State,
the law of New York governs perfection and priority of a security
interest in the beneficiary's letter-of-credit right against the
confirmer. See Section 9-306(a) [Maine cite section 9-1306,
subsection (1)]. However, because the issuer's jurisdiction is
not a State, the law of that jurisdiction does not govern. See
Section 9-306(a) [Maine cite section 9-1306, subsection (1)].
Rather, the choice-of-law rule in Section 9-301(1) [Maine cite
section 9-1301, subsection (1)] applies to perfection and
priority of a security interest in the beneficiary's letter-of-
credit right against the issuer. Under that section, perfection
and priority are governed by the law of the jurisdiction in which
the debtor (beneficiary) is located. That jurisdiction is
Connecticut. See Section 9-307 [Maine cite section 9-1307].

 
4. Scope of this Section. This section specifies only the
law governing perfection, the effect of perfection or
nonperfection, and priority of security interests. Section 5-116
specifies the law governing the liability of, and Article 5 (or


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