LD 2245
pg. 288
Page 287 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 289 of 493
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LR 1087
Item 1

 
termination, right of termination or remedy under the
account or chattel paper.

 
(7)__Subject to subsection (8), an account debtor may not
waive or vary its option under subsection (2), paragraph (c).

 
(8)__This section is subject to law other than this Article
that establishes a different rule for an account debtor who is an
individual and who incurred the obligation primarily for
personal, family_or household purposes.

 
(9)__This section does not apply to an assignment of a health-
care-insurance receivable.

 
Official Comment

 
1. Source. Former Section 9-318(3), (4).

 
2. Account Debtor's Right to Pay Assignor Until Notification.
Subsection (a) [Maine cite subsection (1)] provides the general
rule concerning an account debtor's right to pay the assignor
until the account debtor receives appropriate notification. The
revision makes clear that once the account debtor receives the
notification, the account debtor cannot discharge its obligation
by paying the assignor. It also makes explicit that payment to
the assignor before notification, or payment to the assignee
after notification, discharges the obligation. No change in
meaning from former Section 9-318 is intended. Nothing in this
section conditions the effectiveness of a notification on the
identity of the person who gives it. An account debtor that
doubts whether the right to payment has been assigned may avail
itself of the procedures in subsection (c) [Maine cite subsection
(3)]. See Comment 4.

 
An effective notification under subsection (a) [Maine cite
subsection (1)] must be authenticated. This requirement normally
could be satisfied by sending notification on the notifying
person's letterhead or on a form on which the notifying person's
name appears. In each case the printed name would be a symbol
adopted by the notifying person for the purpose of identifying
the person and adopting the notification. See Section 9-102
[Maine cite section 9-1102] (defining "authenticate").

 
Subsection (a) [Maine cite subsection (1)] applies only to
account debtors on accounts, chattel paper, and payment
intangibles. (Section 9-102 [Maine cite section 9-1102] defines
the term "account debtor" more broadly, to include those
obligated on all general intangibles.) Although subsection (a)
[Maine cite subsection (1)] is more precise than its predecessor,


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