LD 2245
pg. 167
Page 166 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 168 of 493
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LR 1087
Item 1

 
In a transaction in which a secured party who has control
grants a security interest in investment property or sells
outright the investment property, by virtue of the debtor's
consent or applicable legal rules, a purchaser from the secured
party typically will cut off the debtor's rights in the
investment property or be immune from the debtor's claims. See
Section 9-207 [Maine cite section 9-1207], Comments 5 and 6. If
the investment property is a security, the debtor normally would
retain no interest in the security following the purchase from
the secured party, and a claim of the debtor against the secured
party for redemption (Section 9-623 [Maine cite section 9-1623])
or otherwise with respect to the security would be a purely
personal claim. If the investment property transferred by the
secured party is a financial asset in which the debtor had a
security entitlement credited to a securities account maintained
with the secured party as a securities intermediary, the debtor's
claim against the secured party could arise as a part of its
securities account notwithstanding its personal nature. (This
claim would be analogous to a "credit balance" in the securities
account, which is a component of the securities account even
though it is a personal claim against the intermediary.) In the
case in which the debtor may retain an interest in investment
property notwithstanding a repledge or sale by the secured party,
subsection (c) [Maine cite subsection (3)] makes clear that the
security interest will remain perfected by control.

 
§9-1315.__Secured party's rights on disposition of collateral and

 
in proceeds

 
(1)__Except as otherwise provided in this Article and in
section 2-403, subsection (2):

 
(a)__A security interest or agricultural lien continues in
collateral notwithstanding sale, lease, license, exchange or
other disposition thereof unless the secured party
authorized the disposition free of the security interest or
agricultural lien; and

 
(b)__A security interest attaches to any identifiable
proceeds of collateral.

 
(2)__Proceeds that are commingled with other property are
identifiable proceeds:

 
(a)__If the proceeds are goods, to the extent provided by
section 9-1336; and

 
(b)__If the proceeds are not goods, to the extent that the
secured party identifies the proceeds by a method of
tracing, including application of equitable principles, that


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