LD 2245
pg. 213
Page 212 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 214 of 493
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LR 1087
Item 1

 
4. Purchase-money Security Interests in Inventory.
Subsections (b) and (c) [Maine cite subsections (2) and (3)]
afford a means by which a purchase-money security interest in
inventory can achieve priority over an earlier-filed security
interest in the same collateral. To achieve priority, the
purchase-money security interest must be perfected when the
debtor receives possession of the inventory. For a discussion of
when "the debtor receives possession," see Comment 3, above. The
20-day grace period of subsection (a) [Maine cite subsection (1)]
does not apply.

 
The arrangement between an inventory secured party and its
debtor typically requires the secured party to make periodic
advances against incoming inventory or periodic releases of old
inventory as new inventory is received. A fraudulent debtor may
apply to the secured party for advances even though it has
already given a purchase-money security interest in the inventory
to another secured party. For this reason, subsections (b)(2)
through (4) and (c) [Maine cite subsection (2), paragraphs (b) to
(d) and subsection (3)] impose a second condition for the
purchase-money security interest's achieving priority: the
purchase-money secured party must give notification to the holder
of a conflicting security interest who filed against the same
item or type of inventory before the purchase-money secured party
filed or its security interest became perfected temporarily under
Section 9-312(e) or (f) [Maine cite section 9-1312, subsection
(5) or (6)]. The notification requirement protects the non-
purchase-money inventory secured party in such a situation: if
the inventory secured party has received notification, it
presumably will not make an advance; if it has not received
notification (or if the other security interest does not qualify
as purchase-money), any advance the inventory secured party may
make ordinarily will have priority under Section 9-322 [Maine
cite section 9-1322]. Inasmuch as an arrangement for periodic
advances against incoming goods is unusual outside the inventory
field, subsection (a) [Maine cite subsection (1)] does not
contain a notification requirement.

 
5. Notification to Conflicting Inventory Secured Party:
Timing. Under subsection (b)(3) [Maine cite subsection (2),
paragraph (c)] , the perfected purchase-money security interest
achieves priority over a conflicting security interest only if
the holder of the conflicting security interest receives a
notification within five years before the debtor receives
possession of the purchase-money collateral. If the debtor never
receives possession, the five-year period never begins, and the
purchase-money security interest has priority, even if
notification is not given. However, where the purchase-money
inventory financing began by the purchase-money secured party's
possession of a negotiable document of title, to retain priority


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