LD 2245
pg. 326
Page 325 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 327 of 493
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LR 1087
Item 1

 
Official Comment

 
1. Source. New.

 
2. Ineffectiveness of Unauthorized or Overbroad Filings.
Subsection (a) [Maine cite subsection (1)] provides that a filed
financing statement is effective only to the extent it was filed
by a person entitled to file it.

 
Example 1: Debtor authorizes the filing of a financing
statement covering inventory. Under Section 9-509 [Maine cite
section 9-1509], the secured party may file a financing statement
covering only inventory; it may not file a financing statement
covering other collateral. The secured party files a financing
statement covering inventory and equipment. This section
provides that the financing statement is effective only to the
extent the secured party may file it. Thus, the financing
statement is effective to perfect a security interest in
inventory but ineffective to perfect a security interest in
equipment.

 
3. Multiple Secured Parties of Record. Section 9-509(e)
[Maine cite section 9-1509, subsection (5)] permits any secured
party of record to authorize the filing of most amendments.
Subsection (b) [Maine cite subsection (2)] of this section
prevents a filing authorized by one secured party of record from
affecting the rights and powers of another secured party of
record without the latter's consent.

 
Example 2: Debtor creates a security interest in favor of A
and B. The filed financing statement names A and B as the
secured parties. An amendment deleting some collateral covered
by the financing statement is filed pursuant to B's
authorization. Although B's security interest in the deleted
collateral becomes unperfected, A's security interest remains
perfected in all the collateral.

 
Example 3: Debtor creates a security interest in favor of A
and B. The financing statement names A and B as the secured
parties. A termination statement is filed pursuant to B's
authorization. Although the effectiveness of the financing
statement terminates with respect to B's security interest, A's
rights are unaffected. That is, the financing statement
continues to be effective to perfect A's security interest.

 
4. Continuation Statements. A continuation statement may be
filed only within the six months immediately before lapse. See
Section 9-515(d) [Maine cite section 9-1515, subsection (4)].
The filing office is obligated to reject a continuation statement
that is filed outside the six-month period. See


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