LD 2245
pg. 324
Page 323 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 325 of 493
Download Bill Text
LR 1087
Item 1

 
security agreement ipso facto constitutes the new debtor's
authorization of the filing of a financing statement covering the
collateral described in the security agreement by which the new
debtor has become bound. And, under subsection (c) [Maine cite
subsection (3)], the acquisition of collateral in which a
security interest continues after disposition under Section 9-
315(a)(1) [Maine cite section 9-1315, subsection (1), paragraph
(a)] ipso facto constitutes an authorization to file an initial
financing statement againt the person who acquired the
collateral. The authorization to file an initial financing
statement also constitutes an authorization to file a record
covering actual proceeds of the original collateral, even if the
security agreement is silent as to proceeds.

 
Example 1: Debtor authenticates a security agreement creating
a security interest in Debtor's inventory in favor of Secured
Party. Secured Party files a financing statement covering
inventory and accounts. The financing statement is authorized
insofar as it covers inventory and unauthorized insofar as it
covers accounts. (Note, however, that the financing statement
will be effective to perfect a security interest in accounts
constituting proceeds of the inventory to the same extent as a
financing statement covering only inventory.)

 
Example 2: Debtor authenticates a security agreement creating
a security interest in Debtor's inventory in favor of Secured
Party. Secured Party files a financing statement covering
inventory. Debtor sells some inventory, deposits the buyer's
payment into a deposit account, and withdraws the funds to
purchase equipment. As long as the equipment can be traced to
the inventory, the security interest continues in the equipment.
See Section 9-315(a)(2) [Maine cite section 9-1315, subsection
(1), paragraph (b)]. However, because the equipment was acquired
with cash proceeds, the financing statement becomes ineffective
to perfect the security interest in the equipment on the 21st day
after the security interest attaches to the equipment unless
Secured Party continues perfection beyond the 20-day period by
filing a financing statement against the equipment or amending
the filed financing statement to cover equipment. See Section 9-
315(d) [Maine section 9-1315, subsection (4)]. Debtor's
authentication of the security agreement authorizes the filing of
an initial financing statement or amendment covering the
equipment, which is "property that becomes collateral under
Section 9-315(a)(2) [Maine section 9-1315, subsection 1,
paragraph (b)]." See Section 9-509(b)(2) [Maine cite section 9-
1509, subsection (2), paragraph (b)].

 
5. Agricultural Liens. Under subsection (a)(2) [Maine cite
subsection (1), paragraph (b)], the holder of an agricultural


Page 323 of 493 Top of Page Page 325 of 493