LD 2245
pg. 143
Page 142 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 144 of 493
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LR 1087
Item 1

 
one would think of filing. Any person who regularly takes
assignments of any debtor's accounts or payment intangibles
should file. In this connection Section 9-109(d)(4) through (7)
[Maine cite section 9-1109, subsection (4), paragraphs (d) to
(g)], which excludes certain transfers of accounts, chattel
paper, payment intangibles, and promissory notes from this
Article, should be consulted.

 
Paragraphs (3) and (4)[Maine cite paragraphs (c) and (d)],
which are new, afford automatic perfection to sales of payment
intangibles and promissory notes, respectively. They reflect the
practice under former Article 9. Under that Article, filing a
financing statement did not affect the rights of a buyer of
payment intangibles or promissory notes, inasmuch as the former
Article did not cover those sales. To the extent that the
exception in paragraph (2) [Maine cite paragraph (b)] covers
outright sales of payment intangibles, which automatically are
perfected under paragraph (3) [Maine cite paragraph (c)], the
exception is redundant.

 
5. Health-Care-Insurance Receivables. Paragraph (5) [Maine
cite paragraph (e)] extends automatic perfection to assignments
of health-care-insurance receivables if the assignment is made to
the health-care provider that provided the health-care goods or
services. The primary effect is that, when an individual assigns
a right to payment under an insurance policy to the person who
provided health-care goods or services, the provider has no need
to file a financing statement against the individual. The normal
filing requirements apply to other assignments of health-care-
insurance receivables covered by this Article, e.g., assignments
from the health-care provider to a financer.

 
6. Investment Property. Paragraph (9) [Maine cite paragraph
(i)] replaces the last clause of former Section 9-116(2),
concerning security interests that arise in the delivery of a
financial asset.

 
Paragraphs (10) and (11) [Maine cite paragraphs (j) and (k)]
replace former Section 9-115(4)(c) and (d), concerning secured
financing of securities and commodity firms and clearing
corporations. The former sections indicated that, with respect
to certain security interests created by a securities
intermediary or commodity intermediary, "[t]he filing of a
financing statement . . . has no effect for purposes of
perfection or priority with respect to that security interest."
No change in meaning is intended by the deletion of the quoted
phrase.

 
Secured financing arrangements for securities firms are
currently implemented in various ways. In some circumstances,


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