| name is the name shown on the public records of the debtor's | "jurisdiction of organization" (also defined in Section 9-102 | [Maine cite section 9-1102]). Subsections (a)(2) and (a)(3) | [Maine cite subsection (1), paragraphs (b) and (c)] contain | special rules for decedent's estates and common-law trusts. | (Subsection (a)(1) [Maine cite subsection (1), paragraph (a)] | applies to business trusts that are registered organizations.) |
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| | Subsection (a)(4)(A) [Maine cite subsection (1), paragraph | (d), subparagraph (i)] essentially follows the first sentence of | former Section 9-402(7). Section 1-201(28) defines the term | "organization," which appears in subsection (a)(4) [Maine cite | subsection (1), paragraph (d)], very broadly, to include all | legal and commercial entities as well as associations that lack | the status of a legal entity. Thus, the term includes | corporations, partnerships of all kinds, business trusts, limited | liability companies, unincorporated associations, personal | trusts, governments, and estates. If the organization has a | name, that name is the correct name to put on a financing | statement. If the organization does not have a name, then the | financing statement should name the individuals or other entities | who comprise the organization. |
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| | Together with subsections (b) and (c) [Maine cite subsections | (2) and (3)], subsection (a) [Maine cite subsection (1)] reflects | the view prevailing under former Article 9 that the actual | individual or organizational name of the debtor on a financing | statement is both necessary and sufficient, whether or not the | financing statement provides trade or other names of the debtor | and, if the debtor has a name, whether or not the financing | statement provides the names of the partners, members, or | associates who comprise the debtor. |
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| | Note that, even if the name provided in an initial financing | statement is correct, the filing office nevertheless must reject | the financing statement if does not identify an individual | debtor's last name (e.g., if it is not clear whether the debtor's | name is Perry Mason or Mason Perry). See Section 9-516(b)(3)(C) | [Maine cite section 9-1516, subsection (2), paragraph (c), | subparagraph (iii)]. |
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| | 3. Secured Party's Name. New subsection (d) [Maine cite | subsection (4)] makes clear that when the secured party is a | representative, a financing statement is sufficient if it names | the secured party, whether or not it indicates any representative | capacity. Similarly, a financing statement that names a | representative of the secured party is sufficient, even if it | does not indicate the representative capacity. |
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