LD 2245
pg. 156
Page 155 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 157 of 493
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LR 1087
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secured party's taking delivery under Section 8-301. See Section
9-313(a) [Maine cite section 9-1313, subsection (1)]. A security
interest perfected only by filing is subordinate to a conflicting
security interest perfected by control or delivery. See Section
9-328(1), (5) [Maine cite section 9-1328, subsections (1), (5)].
Thus, although filing is a permissible method of perfection, a
secured party who perfects by filing takes the risk that the
debtor has granted or will grant a security interest in the same
collateral to another party who obtains control. Also,
perfection by filing would not give the secured party protection
against other types of adverse claims, since the Article 8
adverse claim cut-off rules require control. See Section 8510.

 
5. Deposit Accounts. Under new subsection (b)(1) [Maine cite
subsection (2), paragraph (a)] , the only method of perfecting a
security interest in a deposit account as original collateral is
by control. Filing is ineffective, except as provided in Section
9-315 [Maine cite section 9-1315] with respect to proceeds. As
explained in Section 9-104 [Maine cite section 9-1104] ,
"control" can arise as a result of an agreement among the secured
party, debtor, and bank, whereby the bank agrees to comply with
instructions of the secured party with respect to disposition of
the funds on deposit, even though the debtor retains the right to
direct disposition of the funds. Thus, subsection (b)(1) [Maine
cite subsection (2), paragraph (a)] takes an intermediate
position between certain non-UCC law, which conditions the
effectiveness of a security interest on the secured party's
enjoyment of such dominion and control over the deposit account
that the debtor is unable to dispose of the funds, and the
approach this Article takes to securities accounts, under which a
secured party who is unable to reach the collateral without
resort to judicial process may perfect by filing. By
conditioning perfection on "control," rather than requiring the
secured party to enjoy absolute dominion to the exclusion of the
debtor, subsection (b)(1) [Maine cite subsection (2), paragraph
(a)] permits perfection in a wide variety of transactions,
including those in which the secured party actually relies on the
deposit account in extending credit and maintains some meaningful
dominion over it, but does not wish to deprive the debtor of
access to the funds altogether.

 
6. Letter-of-Credit Rights. Letter-of-credit rights commonly
are "supporting obligations," as defined in Section 9-102 [Maine
cite section 9-1102]. Perfection as to the related account,
chattel paper, document, general intangible, instrument, or
investment property will perfect as to the letter-of-credit
rights. See Section 9-308(d) [Maine cite section 9-1308,
subsection (4)]. Subsection (b)(2) [Maine cite subsection (2),
paragraph (b)] provides that, in other cases, a security interest
in a letter-of-credit right may be perfected only by control.


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