LD 2245
pg. 170
Page 169 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 171 of 493
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LR 1087
Item 1

 
subsection (a)(1) [Maine cite subsection (1), paragraph (a)], an
entrusting secured party runs the same risk as any other
entruster.

 
3. Secured Party's Right to Identifiable Proceeds. Under
subsection (a)(2) [Maine cite subsection (1), paragraph (b)],
which derives from former Section 9-306(2), a security interest
attaches to any identifiable "proceeds," as defined in Section 9-
102 [Maine cite section 9-1102]. See also Section 9-203(f)
[Maine cite section 9-1203, subsection (6)]. Subsection (b)
[Maine cite subsection (2)] is new. It indicates when proceeds
commingled with other property are identifiable proceeds and
permits the use of whatever methods of tracing other law permits
with respect to the type of property involved. Among the
"equitable principles" whose use other law may permit is the
"lowest intermediate balance rule." See Restatement (2d), Trusts
§202.

 
4. Automatic Perfection in Proceeds: General Rule. Under
subsection (c) [Maine cite subsection (3)], a security interest
in proceeds is a perfected security interest if the security
interest in the original collateral was perfected. This Article
extends the period of automatic perfection in proceeds from ten
days to 20 days. Generally, a security interest in proceeds
becomes unperfected on the 21st day after the security interest
attaches to the proceeds. See subsection (d) [Maine cite
subsection (4)]. The loss of perfected status under subsection
(d) [Maine cite subsection (4)] is prospective only. Compare,
e.g., Section 9-515(c) [Maine cite section 9-1515, subsection
(3)] (deeming security interest unperfected retroactively).

 
5. Automatic Perfection in Proceeds: Proceeds Acquired with
Cash Proceeds. Subsection (d)(1) [Maine cite subsection (4),
paragraph (a)] derives from former Section 9-306(3)(a). It
carries forward the basic rule that a security interest in
proceeds remains perfected beyond the period of automatic
perfection if a filed financing statement covers the original
collateral (e.g., inventory) and the proceeds are collateral in
which a security interest may be perfected by filing in the
office where the financing statement has been filed (e.g.,
equipment). A different rule applies if the proceeds are
acquired with cash proceeds, as is the case if the original
collateral (inventory) is sold for cash (cash proceeds) that is
used to purchase equipment (proceeds). Under these
circumstances, the security interest in the equipment proceeds
remains perfected only if the description in the filed financing
indicates the type of property constituting the proceeds (e.g.,
"equipment").


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