| | | collateral, or an amendment that adds a debtor only if the debtor | | authorizes the filing, and Section 9-509(d) [Maine cite section | | 9-1509, subsection (4)] entitles a person other than the debtor | | to file a termination statement only if the secured party of | | record authorizes the filing. Of course, a filing has legal | | effect only to the extent it is authorized. See Section 9-510 | | [Maine cite section 9-1510]. |
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| | | Law other than this Article, including the law with respect to | | ratification of past acts, generally determines whether a person | | has the requisite authority to file a record under this Article. | | See Section 1-103. However, under Section 9-509(b) [Maine cite | | section 9-1509, subsection (2)], the debtor's authentication of | | (or becoming bound by) a security agreement ipso facto | | constitutes the debtor's authorization of the filing of a | | financing statement covering the collateral described in the | | security agreement. The secured party need not obtain a separate | | authorization. |
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| | | Section 9-625 [Maine cite section 9-1625] provides a remedy | | for unauthorized filings. Making an unauthorized filing also may | | give rise to civil or criminal liability under other law. In | | addition, this Article contains provisions that assist in the | | discovery of unauthorized filings and the amelioration of their | | practical effect. For example, Section 9-518 [Maine cite section | | 9-1518] provides a procedure whereby a person may add to the | | public record a statement to the effect that a financing | | statement indexed under the person's name was wrongfully filed, | | and Section 9-509(d) [Maine cite section 9-1509, subsection (4)] | | entitles any person to file a termination statement if the | | secured party of record fails to comply with its obligation to | | file or send one to the debtor, the debtor authorizes the filing, | | and the termination statement so indicates. However, the filing | | office is neither obligated nor permitted to inquire into issues | | of authorization. See Section 9-520(a) [Maine cite section 9- | | 1520, subsection (1)]. |
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| | | 4. Certain Other Requirements. Subsection (a) [Maine cite | | subsection (1)] deletes other provisions of former Section 9- | | 402(1) because they seems unwise (real-property description for | | financing statements covering crops), unnecessary (adequacy of | | copies of financing statements), or both (copy of security | | agreement as financing statement). In addition, the filing | | office must reject a financing statement lacking certain other | | information formerly required as a condition of perfection (e.g., | | an address for the debtor or secured party). See Sections 9- | | 516(b), 9-520(a) [Maine cite section 9-1516, subsection (2), | | section 9-1520, subsection (1)]. However, if the filing office | | accepts the record, it is effective nevertheless. See Section 9- | | 520(c) [Maine cite section 9-1520, subsection (3)]. |
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