| 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)]. |
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| | 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. |
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| | 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. |
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| | 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. |
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| | 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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