LD 2245
pg. 313
Page 312 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 314 of 493
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LR 1087
Item 1

 
indication for purposes of the sufficiency of a financing
statement.

 
Debtors sometimes create a security interest in all, or
substantially all, of their assets. To accommodate this
practice, paragraph (2) [Maine cite paragraph (b)] expands the
class of sufficient collateral references to embrace "an
indication that the financing statement covers all assets or all
personal property." If the property in question belongs to the
debtor and is personal property, any searcher will know that the
property is covered by the financing statement. Of course,
regardless of its breadth, a financing statement has no effect
with respect to property indicated but to which a security
interest has not attached. Note that a broad statement of this
kind (e.g., "all debtor's personal property") would not be a
sufficient "description" for purposes of a security agreement.
See Sections 9-203(b)(3)(A) [Maine cite section 9-1203,
subsection (2), paragraph (c), subparagraph (i)], 9-108 [Maine
cite section 9-1108]. It follows that a somewhat narrower
description than "all assets," e.g., "all assets other than
automobiles," is sufficient for purposes of this section, even if
it does not suffice for purposes of a security agreement.

 
§9-1505.__Filing and compliance with other statutes and

 
treaties for consignments, leases, other bailments

 
and other transactions

 
(1)__A consignor, lessor, or other bailor of goods, a licensor
or a buyer of a payment intangible or promissory note may file a
financing statement, or may comply with a statute or treaty
described in section 9-1311, subsection (1), using the terms
"consignor," "consignee," "lessor," "lessee," "bailor," "bailee,"
"licensor," "licensee," "owner," "registered owner," "buyer" or
"seller," or words of similar import, instead of the terms
"secured party" and "debtor."

 
(2)__This part applies to the filing of a financing statement
under subsection (1) and, as appropriate, to compliance that is
equivalent to filing a financing statement under section 9-1311,
subsection (2), but the filing or compliance is not of itself a
factor in determining whether the collateral secures an
obligation.__If it is determined for another reason that the
collateral secures an obligation, a security interest held by the
consignor, lessor, bailor, licensor, owner or buyer that attaches
to the collateral is perfected by the filing or compliance.

 
Official Comment

 
1. Source. Former Section 9-408.


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