LD 2245
pg. 336
Page 335 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 337 of 493
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LR 1087
Item 1

 
(5)__Except as otherwise provided in section 9-1510, upon
timely filing of a continuation statement the effectiveness of
the initial financing statement continues for a period of 5 years
commencing on the day on which the financing statement would have
become ineffective in the absence of the filing.__Upon the
expiration of the 5-year period, the financing statement lapses
in the same manner as provided in subsection (3), unless, before
the lapse, another continuation statement is filed pursuant to
subsection (4).__Succeeding continuation statements may be filed
in the same manner to continue the effectiveness of the initial
financing statement.

 
(6)__If a debtor is a transmitting utility and a filed
financing statement so indicates, the financing statement is
effective until a termination statement is filed.

 
(7)__A record of a mortgage that is effective as a financing
statement filed as a fixture filing under section 9-1502,
subsection (3) remains effective as a financing statement filed
as a fixture filing until the mortgage is released or satisfied
of record or its effectiveness otherwise terminates as to the
real property.

 
Official Comment

 
1. Source. Former Section 9-403(2), (3), (6).

 
2. Period of Financing Statement's Effectiveness. Subsection
(a) [Maine cite subsection (1)] states the general rule: a
financing statement is effective for a five-year period unless
its effectiveness is continued under this section or terminated
under Section 9-513 [Maine cite section 9-1513]. Subsection (b)
[Maine cite subsection (2)] provides that if the financing
statement relates to a public-finance transaction or a
manufactured-home transaction and so indicates, the financing
statement is effective for 30 years. These financings typically
extend well beyond the standard, five-year period. Under
subsection (f) [Maine cite subsection (6)], a financing statement
filed against a transmitting utility remains effective
indefinitely, until a termination statement is filed. Likewise,
under subsection (g) [Maine cite subsection (7)], a mortgage
effective as a fixture filing remains effective until its
effectiveness terminates under real-property law.

 
3. Lapse. When the period of effectiveness under subsection
(a) or (b) [Maine cite subsection (1) or (2)] expires, the
effectiveness of the financing statement lapses. The last
sentence of subsection (c) [Maine cite subsection (3)] addresses
the effect of lapse. The deemed retroactive unperfection applies


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