LD 2245
pg. 323
Page 322 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 324 of 493
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LR 1087
Item 1

 
1. Source. New.

 
2. Scope and Approach of This Section. This section collects
in one place most of the rules determining whether a record may
be filed. Section 9-510 [Maine cite section 9-1510] explains the
extent to which a filed record is effective. Under these
sections, the identity of the person who effects a filing is
immaterial. The filing scheme contemplated by this Part does not
contemplate that the identity of a "filer" will be a part of the
searchable records. This is consistent with, and a necessary
aspect of, eliminating signatures or other evidence of
authorization from the system. (Note that the 1972 amendments to
this Article eliminated the requirement that a financing
statement contain the signature of the secured party.) As long
as the appropriate person authorizes the filing, or, in the case
of a termination statement, the debtor is entitled to the
termination, it is insignificant whether the secured party or
another person files any given record. The question of
authorization is one for the court, not the filing office.
However, a filing office may choose to employ authentication
procedures in connection with electronic communications, e.g., to
verify the identity of a filer who seeks to charge the filing
fee.

 
3. Unauthorized Filings. Records filed in the filing office
do not require signatures for their effectiveness. Subsection
(a)(1) [Maine cite subsection (1), paragraph (a)] substitutes for
the debtor's signature on a financing statement the requirement
that the debtor authorize in an authenticated record the filing
of an initial financing statement or an amendment that adds
collateral. Also, under subsection (a)(1) [Maine cite subsection
(1), paragraph (a)], if an amendment adds a debtor, the debtor
who is added must authorize the amendment. A person who files an
unauthorized record in violation of subsection (a)(1) [Maine cite
subsection (1), paragraph (a)] is liable under Section 9-625
[Maine cite section 9-1625] for actual and statutory damages. Of
course, a filed financing statement is ineffective to perfect a
security interest if the filing is not authorized. See Section
9-510(a) [Maine cite section 9-1510, subsection (1)]. 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 section. See
Sections 1-103, 9-502 [Maine cite section 9-1502], Comment 3.

 
4. Ipso Facto Authorization. Under subsection (b) [Maine
cite subsection (2)], the authentication of 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. Similarly, a new debtor's becoming bound by a


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