LD 2245
pg. 14
Page 13 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 15 of 493
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LR 1087
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the prohibition. See Sections 9-509, 9-626 [Maine cite sections
9-1509, 9-1626].

 
Filing-office operations. Part 5 contains several provisions
governing filing operations. First, it prohibits the filing
office from rejecting an initial financing statement or other
record for a reason other than one of the few that are specified.
See Sections 9-520, 9-516 [Maine cite sections 9-1520, 9-1516].
Second, the filing office is obliged to link all subsequent
records (e.g., assignments, continuation statements, etc.) to the
initial financing statement to which they relate. See Section 9-
519 [Maine cite section 9-1519]. Third, the filing office may
delete a financing statement and related records from the files
no earlier than one year after lapse (lapse normally is five
years after the filing date), and then only if a continuation
statement has not been filed. See Sections 9-515, 9-519, 9-522
[Maine cite sections 9-1515, 9-1519, 9-1522]. Thus, a financing
statement and related records would be discovered by a search of
the files even after the filing of a termination statement. This
approach helps eliminate filing-office discretion and also eases
problems associated with multiple secured parties and multiple
partial assignments. Fourth, Part 5 mandates performance
standards for filing offices. See Sections 9-519, 9-520, 9-523
[Maine cite sections 9-1519, 9-1520, 9-1523]. Fifth, it provides
for the promulgation of filing-office rules to deal with details
best left out of the statute and requires the filing office to
submit periodic reports. See Sections 9-526, 9-527 [Maine cite
sections 9-1526, 9-1527].

 
Correction of records: Defaulting or missing secured parties
and fraudulent filings. In some areas of the country, serious
problems have arisen from fraudulent financing statements that
are filed against public officials and other persons. This
Article addresses the fraud problem by providing the opportunity
for a debtor to file a termination statement when a secured party
wrongfully refuses or fails to provide a termination statement.
See Section 9-509 [Maine cite section 9-1509]. This opportunity
also addresses the problem of secured parties that simply
disappear through mergers or liquidations. In addition, Section
9518 [Maine cite section 9-1518] affords a statutory method by
which a debtor who believes that a filed record is inaccurate or
was wrongfully filed may indicate that fact in the files by
filing a correction statement, albeit without affecting the
efficacy, if any, of the challenged record.

 
Extended period of effectiveness for certain financing
statements. Section 9-515 [Maine cite section 9-1515] contains
an exception to the usual rule that financing statements are
effective for five years unless a continuation statement is filed


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