| | | [Maine cite section 9-1308] specifies the meaning of that term | | and a preemptive rule may use other terminology. |
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| | | 3. State Statutes. Subsections (a)(2) and (3) [Maine cite | | subsection (1), paragraphs (b) and (c)] exempt from the filing | | requirements of this Article transactions covered by State | | certificate-of-title statutes covering motor vehicles and the | | like. The description of certificate-of-title statutes in | | subsections (a)(2) and (a)(3) [Maine cite subsection (1), | | paragraphs (b) and (c)] tracks the language of the definition of | | "certificate of title" in Section 9-102 [Maine cite section 9- | | 1102]. For a discussion of the operation of state certificate- | | of-title statutes in interstate contexts, see the Comments to | | Section 9-303 [Maine cite section 9-1303]. |
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| | | Some states have enacted central filing statutes with respect | | to secured transactions in kinds of property that are of special | | importance in the local economy. Subsection (a)(2) [Maine cite | | subsection (1), paragraph (b)] defers to these statutes with | | respect to filing for that property. |
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| | | 4. Inventory Covered by Certificate of Title. Under | | subsection (d) [Maine cite subsection (4)], perfection of a | | security interest in the inventory of a dealer is governed by the | | normal perfection rules, even if the inventory is covered by a | | certificate of title. Under former Section 9-302(3), a secured | | party who financed a dealer may have needed to perfect by filing | | for goods held for sale and by compliance with a certificate-of- | | title statute for goods held for lease. In some cases, this may | | have required notation on thousands of certificates. The problem | | would have been compounded by the fact that dealers, particularly | | of automobiles, often do not know whether a particular item of | | inventory will be sold or leased. Under subsection (d) [Maine | | cite subsection (4)], notation is both unnecessary and | | ineffective. |
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| | | The filing and other perfection provisions of this Article | | apply to goods covered by a certificate of title only "during any | | period in which collateral is inventory held for sale or lease or | | leased." If the debtor takes goods of this kind out of inventory | | and uses them, say, as equipment, a filed financing statement | | would not remain effective to perfect a security interest. |
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| | | 5. Compliance with Perfection Requirements of Other Statute. | | Subsection (b) [Maine cite subsection (2)] makes clear that | | compliance with the perfection requirements (i.e., the | | requirements for obtaining priority over a lien creditor), but | | not other requirements, of a statute, regulation, or treaty | | described in subsection (a) [Maine cite subsection (1)] is | | sufficient for | | perfection under this Article. Perfection of a |
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