LD 2245
pg. 172
Page 171 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 173 of 493
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LR 1087
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under subsection (d)(1) [Maine cite subsection (4), paragraph
(a)] ceases to be perfected when the financing statement covering
the original collateral lapses or is terminated. If the lapse or
termination occurs before the 21st day after the security
interest attaches, however, the security interest in the proceeds
remains perfected until the 21st day. Section 9-311(b) [Maine
cite section 9-1311, subsection (2)] provides that compliance
with the perfection requirements of a statute or treaty described
in Section 9-311(a) [Maine cite section 9-1311, subsection (1)]
"is equivalent to the filing of a financing statement." It
follows that collateral subject to a security interest perfected
by such compliance under Section 9-311(b) [Maine cite section 9-
1311, subsection (2)] is covered by a "filed financing statement"
within the meaning of Section 9-315(d) and (e) [Maine cite
section 9-1315, subsections (4) and (5)].

 
7. Automatic Perfection in Proceeds: Continuation of
Perfection in Cash Proceeds. Former Section 9-306(3)(b) provided
that if a filed financing statement covered original collateral,
a security interest in identifiable cash proceeds of the
collateral remained perfected beyond the ten-day period of
automatic perfection. Former Section 9-306(3)(c) contained a
similar rule with respect to identifiable cash proceeds of
investment property. Subsection (d)(2) [Maine cite subsection
(4), paragraph (b)] extends the benefits of former Sections 9-
306(3)(b) and (3)(c) to identifiable cash proceeds of all types
of original collateral in which a security interest is perfected
by any method. Under subsection (d)(2) [Maine cite subsection
(4), paragraph (b)], if the security interest in the original
collateral was perfected, a security interest in identifiable
cash proceeds will remain perfected indefinitely, regardless of
whether the security interest in the original collateral remains
perfected. In many cases, however, a purchaser or other
transferee of the cash proceeds will take free of the perfected
security interest. See, e.g., Sections 9-330(d) [Maine cite
section 9-1330, subsection (4)] (purchaser of check), 9-331
[Maine cite section 9-1331] (holder in due course of check), 9-
332 [Maine cite section 9-1322] (transferee of money or funds
from a deposit account).

 
8. Insolvency Proceedings; Returned and Repossessed Goods.
This Article deletes former Section 9-306(4), which dealt with
proceeds in insolvency proceedings. Except as otherwise provided
by the Bankruptcy Code, the debtor's entering into bankruptcy
does not affect a secured party's right to proceeds.

 
This Article also deletes former Section 9-306(5), which dealt
with returned and repossessed goods. Section 9-330 [Maine cite
section 9-1330], Comments 9 to 11 explain and clarify the


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