LD 2245
pg. 327
Page 326 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 328 of 493
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LR 1087
Item 1

 
Sections 9-520(a) [Maine cite section 9-1520, subsection (1)], 9-
516(b)(7) [Maine cite section 9-1516, subsection (2), paragraph
(g)]. Subsection (c) [Maine cite subsection (3)] provides that
if the filing office fails to reject a continuation statement
that is not filed in a timely manner, the continuation statement
is ineffective nevertheless.

 
§9-1511.__Secured party of record

 
(1)__A secured party of record with respect to a financing
statement is a person whose name is provided as the name of the
secured party or a representative of the secured party in an
initial financing statement that has been filed.__If an initial
financing statement is filed under section 9-1514, subsection
(1), the assignee named in the initial financing statement is the
secured party of record with respect to the financing statement.

 
(2)__If an amendment of a financing statement that provides
the name of a person as a secured party or a representative of a
secured party is filed, the person named in the amendment is a
secured party of record.__If an amendment is filed under section
9-1514, subsection (2), the assignee named in the amendment is a
secured party of record.

 
(3)__A person remains a secured party of record until the
filing of an amendment of the financing statement that deletes
the person.

 
Official Comment

 
1. Source. New.

 
2. Secured Party of Record. This new section explains how
the secured party of record is to be determined. If SP-1 is
named as the secured party in an initial financing statement, it
is the secured party of record. Similarly, if an initial
financing statement reflects a total assignment from SP-0 to SP-
1, then SP-1 is the secured party of record. See subsection (a)
[Maine cite subsection (1)]. If, subsequently, an amendment is
filed assigning SP-1's status to SP-2, then SP-2 becomes the
secured party of record in place of SP-1. The same result
obtains if a subsequent amendment deletes the reference to SP-1
and substitutes therefor a reference to SP-2. If, however, a
subsequent amendment adds SP-2 as a secured party but does not
purport to remove SP-1 as a secured party, then SP-2 and SP-1
each is a secured party of record. See subsection (b) [Maine
cite subsection (2)]. An amendment purporting to remove the only
secured party of record without providing a successor is
ineffective. See Section 9-512(e) [Maine cite section 9-1512,


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