| | | 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)]. |
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| | | 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. |
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| | | 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). |
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| | | 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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