LD 2245
pg. 307
Page 306 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 308 of 493
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LR 1087
Item 1

 
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].

 
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.

 
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)].

 
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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