LD 2245
pg. 363
Page 362 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 364 of 493
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LR 1087
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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


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