LD 2245
pg. 161
Page 160 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 162 of 493
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LR 1087
Item 1

 
(8)__A secured party having possession of collateral does not
relinquish possession by delivering the collateral to a person
other than the debtor or a lessee of the collateral from the debtor
in the ordinary course of the debtor's business if the person was
instructed before the delivery or is instructed contemporaneously
with the delivery:

 
(a)__To hold possession of the collateral for the secured
party's benefit; or

 
(b)__To redeliver the collateral to the secured party.

 
(9)__A secured party does not relinquish possession, even if a
delivery under subsection (8) violates the rights of a debtor.__A
person to which collateral is delivered under subsection (8) does
not owe any duty to the secured party and is not required to
confirm the delivery to another person unless the person
otherwise agrees or law other than this Article otherwise
provides.

 
Official Comment

 
1. Source. Former Sections 9305, 9115(6).

 
2. Perfection by Possession. As under the common law of
pledge, no filing is required by this Article to perfect a
security interest if the secured party takes possession of the
collateral. See Section 9-310(b)(6) [Maine cite section 9-1310,
subsection (2), paragraph (f)].

 
This section permits a security interest to be perfected by
the taking of possession only when the collateral is goods,
instruments, negotiable documents, money, or tangible chattel
paper. Accounts, commercial tort claims, deposit accounts,
investment property, letter-of-credit rights, letters of credit,
money, and oil, gas, or other minerals before extraction are
excluded. (But see Comment 6, below, regarding certificated
securities.) A security interest in accounts and payment
intangibles-property not ordinarily represented by any writing
whose delivery operates to transfer the right to payment-may
under this Article be perfected only by filing. This rule would
not be affected by the fact that a security agreement or other
record described the assignment of such collateral as a "pledge."
Section 9-309(2) [Maine cite section 9-1309, subsection (2)]
exempts from filing certain assignments of accounts or payment
intangibles which are out of the ordinary course of financing.
These exempted assignments are perfected when they attach.
Similarly, under Section 9-309(3) [Maine cite


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