LD 2245
pg. 214
Page 213 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 215 of 493
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LR 1087
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the secured party must give the notification required by
subsection (b) [Maine cite subsection (2)] at or before the usual
time, i.e., when the debtor gets possession of the inventory,
even though the security interest remains perfected for 20 days
under Section 9312 (e) or (f) [Maine cite section 9-1312,
subsection (5) or (6)].

 
Some people have mistakenly read former Section 9-312(3)(b) to
require, as a condition of purchase-money priority in inventory,
that the purchase-money secured party give the notification
before it files a financing statement. Read correctly, the
"before" clauses compare (i) the time when the holder of the
conflicting security interest filed a financing statement with
(ii) the time when the purchase-money security interest becomes
perfected by filing or automatically perfected temporarily. Only
if (i) occurs before (ii) must notification be given to the
holder of the conflicting security interest. Subsection (c)
[Maine cite subsection (3)] has been rewritten to clarify this
point.

 
6. Notification to Conflicting Inventory Secured Party:
Address. Inasmuch as the address provided as that of the secured
party on a filed financing statement is an "address that is
reasonable under the circumstances," the holder of a purchase-
money security interest may satisfy the requirement to "send"
notification to the holder of a conflicting security interest in
inventory by sending a notification to that address, even if the
address is or becomes incorrect. See Section 9-102 [Maine cite
section 9-1102] (definition of "send"). Similarly, because the
address is "held out by [the holder of the conflicting security
interest] as the place for receipt of such communications [i.e.,
communications relating to security interests]," the holder is
deemed to have "received" a notification delivered to that
address. See Section 1-201(26).

 
7. Consignments. Subsections (b) and (c) [Maine cite
subsections (2) and (3)] also determine the priority of a
consignor's interest in consigned goods as against a security
interest in the goods created by the consignee. Inasmuch as a
consignment subject to this Article is defined to be a purchase-
money security interest, see Section 9-103(d) [Maine cite section
9-1103, subsection (4)], no inference concerning the nature of
the transaction should be drawn from the fact that a consignor
uses the term "security interest" in its notice under subsection
(b)(4) [Maine cite subsection (2), paragraph (d)]. Similarly, a
notice stating that the consignor has delivered or expects to
deliver goods, properly described, "on consignment" meets the
requirements of subsection (b)(4) [Maine cite subsection (2),
paragraph (d)], even if it does not contain the term "security
interest," and even if the transaction


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