LD 2245
pg. 158
Page 157 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 159 of 493
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LR 1087
Item 1

 
A secured party may become "a holder to whom a negotiable
document of title has been duly negotiated" under Section 7-501.
If so, the secured party acquires the rights specified by Article
7. Article 9 [Maine cite Article 9-A] does not limit those
rights, which may include the right to priority over an earlier-
perfected security interest. See Section 9-331(a) [Maine cite
section 9-1331, subsection (1)].

 
Subsection (d) [Maine cite subsection (4)] takes a different
approach to the problem of goods covered by a nonnegotiable
document. Here, title to the goods is not looked on as being
locked up in the document, and the secured party may perfect its
security interest directly in the goods by filing as to them.
The subsection provides two other methods of perfection:
issuance of the document in the secured party's name (as
consignee of a straight bill of lading or the person to whom
delivery would be made under a nonnegotiable warehouse receipt)
and receipt of notification of the secured party's interest by
the bailee. Perfection under subsection (d) [Maine cite
subsection (4)] occurs when the bailee receives notification of
the secured party's interest in the goods, regardless of who
sends the notification. Receipt of notification is effective to
perfect, regardless of whether the bailee responds. Unlike
former Section 9-304(3), from which it derives, subsection (d)
[Maine cite subsection (4)] does not apply to goods in the
possession of a bailee who has not issued a document of title.
Section 9-313(c) [Maine cite section 9-1313, subsection (3)]
covers that case and provides that perfection by possession as to
goods not covered by a document requires the bailee's
acknowledgment.

 
8. Temporary Perfection Without Having First Otherwise
Perfected. Subsection (e) [Maine cite subsection (5)] follows
former Section 9-304(4) in giving perfected status to security
interests in certificated securities, instruments, and negotiable
documents for a short period (reduced from 21 to 20 days, which
is the time period generally applicable in this Article),
although there has been no filing and the collateral is in the
debtor's possession. The 20-day temporary perfection runs from
the date of attachment. There is no limitation on the purpose
for which the debtor is in possession, but the secured party must
have given "new value" (defined in Section 9-102 [Maine cite
section 9-1102) under an authenticated security agreement.

 
9. Maintaining Perfection After Surrendering Possession.
There are a variety of legitimate reasons-many of them are
described in subsections (f) and (g) [Maine cite subsections (6)
and (7)]-why certain types of collateral must be released
temporarily to a debtor. No useful purpose would be served by


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