LD 2245
pg. 349
Page 348 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 350 of 493
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LR 1087
Item 1

 
record is not communicated by a method (e.g., it is MIME- rather
than UU-encoded) or medium (e.g., it is written rather than
electronic) that the filing office accepts, or because the filer
fails to tender an amount equal to or greater than the filing
fee.

 
3. Consequences of Accepting Rejectable Record. Section 9-
516(b) [Maine cite section 9-1516, subsection (2)] includes among
the reasons for rejecting an initial financing statement the
failure to give certain information that is not required as a
condition of effectiveness. In conjunction with Section 9-
516(b)(5) [Maine cite section 9-1516, subsection (2), paragraph
(e)], this section requires the filing office to refuse to accept
a financing statement that is legally sufficient to perfect a
security interest under Section 9-502 [Maine cite section 9-1502]
but does not contain a mailing address for the debtor, does not
disclose whether the debtor is an individual or an organization
(e.g., a partnership or corporation) or, if the debtor is an
organization, does not give certain specified information
concerning the organization. The information required by Section
9-516(b)(5) [Maine cite section 9-1516, subsection (2), paragraph
(e)] assists searchers in weeding out "false positives," i.e.,
records that a search reveals but which do not pertain to the
debtor in question. It assists filers by helping to ensure that
the debtor's name is correct and that the financing statement is
filed in the proper jurisdiction.

 
If the filing office accepts a financing statement that does
not give this information at all, the filing is fully effective.
Section 9-520(c) [Maine cite section 9-1520, subsection (3)].
The financing statement also generally is effective if the
information is given but is incorrect; however, Section 9-338
[Maine cite section 9-1338] affords protection to buyers and
holders of a perfected security interests who gives value in
reasonable reliance upon the incorrect information.

 
4. Filing Office's Duties with Respect to Rejected Record.
Subsection (b) [Maine cite subsection (2)] requires the filing
office to communicate the fact of rejection and the reason
therefor within a fixed period of time. Inasmuch as a rightfully
rejected record is ineffective and a wrongfully rejected record
is not fully effective, prompt communication concerning any
rejection is important.

 
5. Partial Effectiveness of Record. Under subsection (d)
[Maine cite subsection (4)], the provisions of this Part apply to
each debtor separately. Thus, a filing office may reject an
initial financing statement or other record as to one named
debtor but accept it as to the other.


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