LD 2245
pg. 43
Page 42 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 44 of 493
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LR 1087
Item 1

 
general intangibles under former Article 9 are accounts
under this Article. Thus, if they are sold, a financing
statement must be filed to perfect the buyer's interest in
them. Among the types of property that are expressly
excluded from the definition is "a right to payment for
money or funds advanced or sold." As defined in Section 1-
201, "money" is limited essentially to currency. As used in
the exclusion from the definition of "account," however,
"funds" is a broader concept (although the term is not
defined). For example, when a bank-lender credits a
borrower's deposit account for the amount of a loan, the
bank's advance of funds is not a transaction giving rise to
an account.

 
The definition of "health-care-insurance receivable" is new.
It is a subset of the definition of "account." However, the
rules generally applicable to account debtors on accounts do not
apply to insurers obligated on health-care-insurance receivables.
See Sections 9-404(e), 9-405(d), 9-406(i)[Maine cite section 9-
1404, subsection (5), section 9-1405, subsection (4), section 9-
1406, subsection (9)].

 
Note that certain accounts also are "as-extracted collateral."
See Comment 4.c., Examples 6 and 7.

 
b. "Chattel Paper"; "Electronic Chattel Paper"; "Tangible
Chattel Paper." "Chattel paper" consists of a monetary
obligation together with a security interest in or a lease
of specific goods if the obligation and security interest or
lease are evidenced by "a record or records." The
definition has been expanded from that found in former
Article 9 to include records that evidence a monetary
obligation and a security interest in specific goods and
software used in the goods. Charters of vessels are
expressly excluded from the definition of chattel paper;
they are accounts. The term "charter" as used in this
section includes bareboat charters, time charters,
successive voyage charters, contracts of affreightment,
contracts of carriage, and all other arrangements for the
use of vessels. Under former Section 9-105, only if the
evidence of an obligation consisted of "a writing or
writings" could an obligation qualify as chattel paper. In
this Article, traditional, written chattel paper is included
in the definition of "tangible chattel paper." "Electronic
chattel paper" is chattel paper that is stored in an
electronic medium instead of in tangible form. The concept
of an electronic medium should be construed liberally to
include electrical, digital, magnetic, optical,
electromagnetic, or any other current or similar emerging
technologies.


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