| jurisdiction (subsection (b)(10) [Maine cite subsection (2), | paragraph (j)]), or because they are perfected by another method, | such as by the secured party's taking possession or control | (subsections (b)(3), (b)(4), (b)(5), (b)(6), (b)(7), and (b)(8) | [Maine cite subsection (2), paragraphs (c), (d), (e), (f), (g) | and (h)]). |
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| | 4. Assignments of Perfected Security Interests. Subsection | (c) [Maine cite subsection (3)] concerns assignment of a | perfected security interest or agricultural lien. It provides | that no filing is necessary in connection with an assignment by a | secured party to an assignee in order to maintain perfection as | against creditors of and transferees from the original debtor. |
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| | Example 1: Buyer buys goods from Seller, who retains a | security interest in them. After Seller perfects the security | interest by filing, Seller assigns the perfected security | interest to X. The security interest, in X's hands and without | further steps on X's part, continues perfected against Buyer's | transferees and creditors. |
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| | Example 2: Dealer creates a security interest in specific | equipment in favor of Lender. After Lender perfects the security | interest in the equipment by filing, Lender assigns the chattel | paper (which includes the perfected security interest in Dealer's | equipment) to X. The security interest in the equipment, in X's | hands and without further steps on X's part, continues perfected | against Dealer's transferees and creditors. However, regardless | of whether Lender made the assignment to secure Lender's | obligation to X or whether the assignment was an outright sale of | the chattel paper, the assignment creates a security interest in | the chattel paper in favor of X. Accordingly, X must take | whatever steps may be required for perfection in order to be | protected against Lender's transferees and creditors with respect | to the chattel paper. |
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| | Subsection (c) [Maine cite subsection (3)] applies not only to | an assignment of a security interest perfected by filing but also | to an assignment of a security interest perfected by a method | other than by filing, such as by control or by possession. | Although subsection (c) [Maine cite subsection (3)] addresses | explicitly only the absence of an additional filing requirement, | the same result normally will follow in the case of an assignment | of a security interest perfected by a method other than by | filing. For example, as long as possession of collateral is | maintained by an assignee or by the assignor or another person on | behalf of the assignee, no further perfection steps need be taken | on account of the assignment to continue perfection as against | creditors and transferees of the original debtor. Of course, | additional action | may be required for perfection of the |
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