| to conduct a search and report as to lapsed financing statements | that have not been removed from the data base, when requested. |
|
| | 6. Search by Debtor's Address. Subsection (c)(1)(A) [Maine | cite subsection (3), paragraph (a), subparagraph (i)] | contemplates that, by making a single request, a searcher will | receive the results of a search of the entire public record | maintained by any given filing office. Addition of the bracketed | language in subsection (c)(1)(A) [Maine cite subsection (3), | paragraph (a), subparagraph (i)] would permit a search report | limited to financing statements showing a particular address for | the debtor, but only if the search request is so limited. With | or without the bracketed language, this subsection does not | permit the filing office to compel a searcher to limit a request | by address. |
|
| | 7. Medium of Communication; Certificates. Former Article 9 | provided that the filing office respond to a request for | information by providing a certificate. The principle of medium- | neutrality would suggest that the statute not require a written | certificate. Subsection (d) [Maine cite subsection (4)] follows | this principle by permitting the filing office to respond by | communicating "in any medium." By permitting communication "in | any medium," subsection (d) [Maine cite subsection (4)] is not | inconsistent with a system in which persons other than filing | office staff conduct searches of the filing office's (computer) | records. |
|
| | Some searchers find it necessary to introduce the results of | their search into evidence. Because official written | certificates might be introduced into evidence more easily than | official communications in another medium, subsection (d) [Maine | cite subsection (4)] affords States the option of requiring the | filing office to issue written certificates upon request. The | alternative bracketed language in subsection (d) [Maine cite | subsection (4)] recognizes that some States may prefer to permit | the filing office to respond in another medium, as long as the | response can be admitted into evidence in the courts of that | State without extrinsic evidence of its authenticity. |
|
| | 8. Performance Standard. The utility of the filing system | depends on the ability of searchers to get current information | quickly. Accordingly, subsection (e) [Maine cite subsection (5)] | requires that the filing office respond to a request for | information no later than two business days after it receives the | request. The information contained in the response must be | current as of a date no earlier than three business days before | the filing office receives the request. See subsection (c)(1) | [Maine cite subsection (3), paragraph (a)]. The failure of the | filing office to comply with performance standards, such as |
|
|