LD 2245
pg. 164
Page 163 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 165 of 493
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LR 1087
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Text); Sections 8321, 8313(1)(a) (1978 Official Text); Section 9-
305 (1972 Official Text). It has been modified to refer to
"delivery" under Section 8-301. Corresponding changes appear in
Section 9-203(b) [Maine cite section 9-1203, subsection (2)].

 
Subsections (e), (f), and (g) [Maine cite subsections (5), (6)
and (7)] , which are new, apply to a person in possession of
security certificates or holding security certificates for the
secured party's benefit under Section 8-301. For delivery to
occur when a person other than a secured party holds possession
for the secured party, the person may not be a securities
intermediary.

 
Under subsection (e) [Maine cite subsection (5)], a possessory
security interest in a certificated security remains perfected
until the debtor obtains possession of the security certificate.
This rule is analogous to that of Section 9-314(c) [Maine cite
section 9-1314, subsection (3)], which deals with perfection of
security interests in investment property by control. See
Section 9-314 [Maine cite section 9-1314], Comment 3.

 
7. Goods Covered by Certificate of Title. Subsection (b)
[Maine cite subsection (2)] is necessary to effect changes to the
choice-of-law rules governing goods covered by a certificate of
title. These changes are described in the Comments to Section 9-
311 [Maine cite section 9-1311]. Subsection (b) [Maine cite
subsection (2)], like subsection (a) [Maine cite subsection (1)],
does not create a right to take possession. Rather, it indicates
the circumstances under which the secured party's taking
possession of goods covered by a certificate of title is
effective to perfect a security interest in the goods: the goods
become covered by a certificate of title issued by this State at
a time when the security interest is perfected by any method
under the law of another jurisdiction.

 
8. Goods in Possession of Third Party: No Duty to
Acknowledge; Consequences of Acknowledgment. Subsections (f) and
(g) [Maine cite subsections (6) and (7)] are new and address
matters as to which former Article 9 was silent. They derive in
part from Section 8-106(g). Subsection (f) [Maine cite
subsection (6)] provides that a person in possession of
collateral is not required to acknowledge that it holds for a
secured party. Subsection (g)(1) [Maine cite subsection (7),
paragraph (a)] provides that an acknowledgment is effective even
if wrongful as to the debtor. Subsection (g)(2) [Maine cite
subsection (7), paragraph (b)] makes clear that an acknowledgment
does not give rise to any duties or responsibilities under this
Article. Arrangements involving the possession of goods are
hardly standardized. They include bailments for services to be


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