LD 2245
pg. 200
Page 199 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 201 of 493
Download Bill Text
LR 1087
Item 1

 
[Maine cite subsection (3)], however, SP-2's security interest is
senior.

 
Note that a different result would obtain in Example 1 (i.e.,
SP-1's security interest would be senior) if SP-1 were to obtain
control of the deposit-account proceeds. This is so because
subsection (c) [Maine cite subsection (3)] is subject to
subsection (f) [Maine cite subsection (6)] , which in turn
provides that the priority rules under subsections (a) to (e)
[Maine cite subsections (1) to (5)] are subject to "the other
provisions of this part." One of those "other provisions" is
Section 9-327 [Maine cite section 9-1327], which affords priority
to a security interest perfected by control. See Section 9-
327(1) [Maine cite section 9-1327, subsection (1)].

 
Example 7: SP-1 perfects its security interest in investment
property by filing. SP-2 perfects subsequently by taking control
of a certificated security. Debtor receives proceeds of the
security consisting of a new certificated security issued as a
stock dividend on the original collateral. Although the new
security is of the same type as the original collateral (i.e.,
investment property), once the 20-day period of automatic
perfection expires (see Section 9-315(d) [Maine cite section 9-
1315, subsection (4)]), SP-2's security interest is unperfected.
(SP-2 has not filed or taken delivery or control, and no
temporary-perfection rule applies.) Consequently, once the 20-
day period expires, subsection (c) [Maine cite subsection (3)]
does not confer priority, and, under subsection (a)(2) [Maine
cite subsection (1), paragraph (b)], SP-1's security interest in
the security is senior. This was the result under former Article
9.

 
Example 8: SP-1 perfects its security interest in investment
property by filing. SP-2 perfects subsequently by taking control
of a certificated security and also by filing against investment
property. Debtor receives proceeds of the security consisting of
a new certificated security issued as a stock dividend of the
collateral. Because the new security is of the same type as the
original collateral (i.e., investment property) and (unlike
Example 7) SP-2's security interest is perfected by filing, SP-
2's security interest is senior under subsection (c) [Maine cite
subsection (3)]. If the new security were redeemed by the issuer
upon surrender and yet another security were received by Debtor,
SP-2's security interest would continue to enjoy priority under
subsection (c) [Maine cite subsection (3)]. The new security
would be proceeds of proceeds.

 
Example 9: SP-1 perfects its security interest in instruments
by filing. SP-2 subsequently perfects its security interest in
investment property by taking control of a


Page 199 of 493 Top of Page Page 201 of 493