| See subsection (a)(1) [Maine cite subsection (1), paragraph (a)]. | Although, under these facts, Lender would have only a short | period of time to discover that Debtor had relocated and to | reperfect under New Jersey law, Lender could have protected | itself by filing a continuation statement in Pennsylvania before | Debtor relocated. By doing so, Lender would have prevented lapse | and allowed itself the full four months to discover Debtor's new | location and refile there or, if Debtor is in default, to perfect | by taking possession of the equipment. |
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| | Example 3: Under the facts of Example 2, Lender files a | financing statement in New Jersey before the effectiveness of the | Pennsylvania financing statement lapses. Under subsection (b) | [Maine cite subsection (2)], Lender's security interest is | continuously perfected beyond May 14, 2007, for a period | determined by New Jersey's Article 9. |
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| | Subsection (a)(3) [Maine cite subsection (1), paragraph (c)] | allows a one-year period in which to reperfect. The longer | period is necessary, because, even with the exercise of due | diligence, the secured party may be unable to discover that the | collateral has been transferred to a person located in another | jurisdiction. |
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| | Example 4: Debtor is a Pennsylvania corporation. Lender | perfects a security interest in Debtor's equipment by filing in | Pennsylvania. Debtor's shareholders decide to "reincorporate" in | Delaware. They form a Delaware corporation (Newcorp) into which | they merge Debtor. The merger effectuates a transfer of the | collateral from Debtor to Newcorp, which thereby becomes a debtor | and is located in another jurisdiction. Under subsection (a)(3), | [Maine cite subsection (1), paragraph (c)] the security interest | remains perfected for one year after the merger. If a financing | statement is filed in Delaware against Newcorp within the year | following the merger, then the security interest remains | perfected thereafter for a period determined by Delaware's | Article 9. |
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| | Note that although Newcorp is a "new debtor" as defined in | Section 9-102, the application of subsection (a)(3) [Maine cite | subsection (1), paragraph (c)] is not limited to transferees who | are new debtors. Note also that, under Section 9-507, the | financing statement naming Debtor remains effective even though | Newcorp has become the debtor. |
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| | This section addresses security interests that are perfected | (i.e., that have attached and as to which any required perfection | step has been taken) before the debtor changes its location. It | does not apply to security interests that have not attached | before the location changes. |
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