| 2. Where to File. Subsection (a) [Maine cite subsection (1)] |
indicates where in a given State a financing statement is to be |
filed. Former Article 9 afforded each State three alternative |
approaches, depending on the extent to which the State desires |
central filing (usually with the Secretary of State), local |
filing (usually with a county office), or both. As Comment 1 to |
former Section 9-401 observed, "The principal advantage of |
statewide filing is ease of access to the credit information |
which the files exist to provide. Consider for example the |
national distributor who wishes to have current information about |
the credit standing of the thousands of persons he sells to on |
credit. The more completely the files are centralized on a |
statewide basis, the easier and cheaper it becomes to procure |
credit information; the more the files are scattered in local |
filing units, the more burdensome and costly." Local filing |
increases the net costs of secured transactions also by |
increasing uncertainty and the number of required filings. Any |
benefit that local filing may have had in the 1950's is now |
insubstantial. Accordingly, this Article dictates central filing |
for most situations, while retaining local filing for real- |
estate-related collateral and special filing provisions for |
transmitting utilities. |