LD 2245
pg. 160
Page 159 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 161 of 493
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LR 1087
Item 1

 
a security interest in certificated securities by taking delivery
of the certificated securities under section 8-1301.

 
(2)__With respect to goods covered by a certificate of title
issued by this State, a secured party may perfect a security
interest in the goods by taking possession of the goods only in
the circumstances described in Section 9-1316, subsection (4).

 
(3)__With respect to collateral other than certificated
securities and goods covered by a document, a secured party takes
possession of collateral in the possession of a person other than
the debtor, the secured party or a lessee of the collateral from
the debtor in the ordinary course of the debtor's business, when:

 
(a)__The person in possession authenticates a record
acknowledging that it holds possession of the collateral for
the secured party's benefit; or

 
(b)__The person takes possession of the collateral after
having authenticated a record acknowledging that it will
hold possession of collateral for the secured party's
benefit.

 
(4)__If perfection of a security interest depends upon
possession of the collateral by a secured party, perfection
occurs no earlier than the time the secured party takes
possession and continues only while the secured party retains
possession.

 
(5)__A security interest in a certificated security in
registered form is perfected by delivery when delivery of the
certificated security occurs under section 8-1301 and remains
perfected by delivery until the debtor obtains possession of the
security certificate.

 
(6)__A person in possession of collateral is not required to
acknowledge that it holds possession for a secured party's
benefit.

 
(7)__If a person acknowledges that it holds possession for the
secured party's benefit:

 
(a)__The acknowledgment is effective under subsection (3) or
section 8-1301, subsection (1), even if the acknowledgment
violates the rights of a debtor; and

 
(b)__Unless the person otherwise agrees or law other than
this Article otherwise provides, the person does not owe any
duty to the secured party and is not required to confirm the
acknowledgment to another person.


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