| | | lien may file a financing statement covering collateral subject | | to the lien without obtaining the debtor's authorization. | | Because the lien arises as matter of law, the debtor's consent is | | not required. A person who files an unauthorized record in | | violation of this subsection is liable under Section 9-625(e) | | [Maine cite section 9-1625, subsection (5)] for a statutory | | penalty and damages. |
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| | | 6. Amendments; Termination Statements Authorized by Debtor. | | Most amendments may not be filed unless the secured party of | | record, as determined under Section 9-511 [Maine cite section 9- | | 1511], authorizes the filing. See subsection (d)(1) [Maine cite | | subsection (4), paragraph (a)]. However, under subsection (d)(2) | | [Maine cite subsection 4, paragraph (b)], the authorization of | | the secured party of record is not required for the filing of a | | termination statement if the secured party of record failed to | | send or file a termination statement as required by Section 9-513 | | [Maine cite section 9-1513], the debtor authorizes it to be | | filed, and the termination statement so indicates. |
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| | | 7. Multiple Secured Parties of Record. Subsection (e) [Maine | | cite subsection (5)] deals with multiple secured parties of | | record. It permits each secured party of record to authorize the | | filing of amendments. However, Section 9-510(b) [Maine cite | | section 9-1510, subsection (2)] protects the rights and powers of | | one secured party of record from the effects of filings made by | | another secured party of record. See Section 9-510 [Maine cite | | section 9-1510], Comment 3. |
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| | | 8. Successor to Secured Party of Record. A person may | | succeed to the powers of the secured party of record by operation | | of other law, e.g., the law of corporate mergers. In that case, | | the successor has the power to authorize filings within the | | meaning of this section. |
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| | | §9-1510.__Effectiveness of filed record |
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| | | (1)__A filed record is effective only to the extent that it | | was filed by a person that may file it under section 9-1509. |
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| | | (2)__A record authorized by one secured party of record does | | not affect the financing statement with respect to another | | secured party of record. |
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| | | (3)__A continuation statement that is not filed within the 6- | | month period prescribed by section 9-1515, subsection (4) is | | ineffective. |
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