LD 2245
pg. 166
Page 165 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 167 of 493
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LR 1087
Item 1

 
(3)__A security interest in investment property is perfected
by control under section 9-1106 from the time the secured party
obtains control and remains perfected by control until:

 
(a)__The secured party does not have control; and

 
(b)__One of the following occurs:

 
(i)__If the collateral is a certificated security, the
debtor has or acquires possession of the security
certificate;

 
(ii)__If the collateral is an uncertificated security,
the issuer has registered or registers the debtor as
the registered owner; or

 
(iii)__If the collateral is a security entitlement, the
debtor is or becomes the entitlement holder.

 
Official Comment

 
1. Source. Substantially new; derived in part from former
Section 9-115(4).

 
2. Control. This section provides for perfection by control
with respect to investment property, deposit accounts, letter-of-
credit rights, and electronic chattel paper. For explanations of
how a secured party takes control of these types of collateral,
see Sections 9-104 through 9-107 [Maine cite sections 9-1104 to
section 9-1107)]. Subsection (b) [Maine cite subsection (2)]
explains when a security interest is perfected by control and how
long a security interest remains perfected by control. Like
Section 9-313(d) [Maine cite section 9-1313, subsection (4)] and
for the same reasons, subsection (b) [Maine cite subsection (2)]
makes no reference to the doctrine of "relation back." See
Section 9-313 [Maine cite section 9-1313], Comment 5.

 
3. Investment Property. Subsection (c) [Maine cite
subsection (3)] provides a special rule for investment property.
Once a secured party has control, its security interest remains
perfected by control until the secured party ceases to have
control and the debtor receives possession of collateral that is
a certificated security, becomes the registered owner of
collateral that is an uncertificated security, or becomes the
entitlement holder of collateral that is a security entitlement.
The result is particularly important in the "repledge" context.
See Section 9-207 [Maine cite section 9-1207], Comment 5.


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