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| (3)__Except as otherwise provided in subsection (4) and section 9- | | 1316, subsection (4) and (5), duration and renewal of perfection of | | a security interest perfected by compliance with the requirements | | prescribed by a statute, regulation or treaty described in | | subsection (1) are governed by the statute, regulation or treaty.__ | | In other respects, the security interest is subject to this | | Article. |
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| | | (4)__During any period in which collateral is inventory held | | for sale or lease by a person or leased by that person as lessor | | and that person is in the business of selling or leasing goods of | | that kind, this section does not apply to a security interest in | | that collateral created by that person as debtor. |
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| | | 1. Source. Former Section 9-302(3), (4). |
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| | | 2. Federal Statutes, Regulations, and Treaties. Subsection | | (a)(1) [Maine cite subsection (1), paragraph (a)] exempts from | | the filing provisions of this Article transactions as to which a | | system of filing-state or federal-has been established under | | federal law. Subsection (b) [Maine cite subsection (2)] makes | | clear that when such a system exists, perfection of a relevant | | security interest can be achieved only through compliance with | | that system (i.e., filing under this Article is not a permissible | | alternative). |
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| | | An example of the type of federal statute referred to in | | subsection (a)(1) [Maine cite subsection (1), paragraph (a)] is | | 49 U.S.C. §§ 44107-11, for civil aircraft of the United States. | | The Assignment of Claims Act of 1940, as amended, provides for | | notice to contracting and disbursing officers and to sureties on | | bonds but does not establish a national filing system and | | therefore is not within the scope of subsection (a)(1) [Maine | | cite subsection (1), paragraph (a)]. An assignee of a claim | | against the United States may benefit from compliance with the | | Assignment of Claims Act. But regardless of whether the assignee | | complies with that Act, the assignee must file under this Article | | in order to perfect its security interest against creditors and | | transferees of its assignor. |
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| | | Subsection (a)(1) [Maine cite subsection (1), paragraph (a)] | | provides explicitly that the filing requirement of this Article | | defers only to federal statutes, regulations, or treaties whose | | requirements for a security interest's obtaining priority over | | the rights of a lien creditor preempt Section 9-310(a) [Maine | | cite section 9-1310, subsection (1)]. The provision eschews | | reference | | to the term "perfection," inasmuch as Section 9-308 |
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