LD 2245
pg. 224
Page 223 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 225 of 493
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LR 1087
Item 1

 
Corp's security agreement (e.g., Z Corp buys X Corp's assets and
assumes its security agreement). See Section 9-203(d) [Maine
cite section 9-1203, subsection (4)]. Under Section 9-508 [Maine
cite section 9-1508], SPX's financing statement is effective to
perfect a security interest in the item of inventory in which Z
Corp has rights. However, subsection (a) [Maine cite subsection
(1)] provides that SPX's security interest is subordinate to
SPZ's, regardless of whether SP-X's financing statement was filed
before SP-Z perfected its security interest.

 
Example 2: SPX holds a perfected-by-filing security interest
in X Corp's existing and after-acquired inventory, and SPZ holds
a perfected-by-filing security interest in Z Corp's existing and
after-acquired inventory. Z Corp becomes bound as debtor by X
Corp's security agreement. Subsequently, Z Corp acquires a new
item of inventory. Under Section 9-508 [Maine cite section 9-
1508], SPX's financing statement is effective to perfect a
security interest in the new item of inventory in which Z Corp
has rights. However, because SP-Z's security interest was
perfected by another method, subsection (a) [Maine cite
subsection (1)] provides that SPX's security interest is
subordinate to SPZ's, regardless of which financing statement was
filed first. This would be the case even if SP-Z filed after Z
Corp became bound by X Corp's security agreement.

 
3. Other Priority Rules. Subsection (b) [Maine cite
subsection (2)] addresses the priority among security interests
created by the original debtor (X Corp). By invoking the other
priority rules of this subpart, as applicable, subsection (b)
[Maine cite subsection (2)] preserves the relative priority of
security interests created by the original debtor.

 
Example 3: Under the facts of Example 2, SPY also holds a
perfected-by-filing security interest in X Corp's existing and
after-acquired inventory. SPY filed after SPX. Inasmuch as both
SP-X's and SP-Y's security interests in inventory acquired by Z
Corp after it became bound are perfected solely under Section 9-
508 [Maine cite section 9-1508], the normal priority rules
determine their relative priorities. Under the "first-to-file-
or-perfect" rule of Section 9-322(a)(1) [Maine cite section 9-
1322, subsection (1), paragraph (a)], SPX has priority over SPY.

 
Example 4: Under the facts of Example 3, after Z Corp became
bound by X Corp's security agreement, SP-Y promptly filed a new
initial financing statement against Z Corp. At that time, SP-X's
security interest was perfected only by virtue of its original
filing against X Corp which was "effective solely under Section
9508 [Maine cite section 9-1508]." Because SP-Y's security
interest no longer is perfected by a financing statement


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