LD 2245
pg. 311
Page 310 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 312 of 493
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LR 1087
Item 1

 
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.)

 
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.

 
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.

 
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)].

 
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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