LD 2245
pg. 444
Page 443 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 445 of 493
Download Bill Text
LR 1087
Item 1

 
1. Perfected Security Interests Under Former Article 9 and This
Article. This section deals with security interests that are
perfected (i.e., that are enforceable and have priority over the
rights of a lien creditor) under former Article 9 or other
applicable law immediately before this Article takes effect.
Subsection (a) [Maine cite subsection (1)] provides, not
surprisingly, that if the security interest would be a perfected
security interest under this Article (i.e., if the transaction
satisfies this Article's requirements for enforceability
(attachment) and perfection), no further action need be taken for
the security interest to be a perfected security interest.

 
2. Security Interests Enforceable and Perfected Under Former
Article 9 but Unenforceable or Unperfected Under This Article.
Subsection (b) [Maine cite subsection (2)] deals with security
interests that are enforceable and perfected under former Article
9 or other applicable law immediately before this Article takes
effect but do not satisfy the requirements for enforceability
(attachment) or perfection under this Article. Except as
otherwise provided in Section 9-705 [Maine cite section 9-1705],
these security interests are perfected security interests for one
year after the effective date. If the security interest
satisfies the requirements for attachment and perfection within
that period, the security interest remains perfected thereafter.
If the security interest satisfies only the requirements for
attachment within that period, the security interest becomes
unperfected at the end of the one-year period.

 
Example 1: A pre-effective-date security agreement in a
consumer transaction covers "all securities accounts." The
security interest is properly perfected. The collateral
description was adequate under former Article 9 (see former
Section 9-115(3)) but is insufficient under this Article (see
Section 9-108(e)(2) [Maine cite section 9-1108, subsection (5),
paragraph (b)]). Unless the debtor authenticates a new security
agreement describing the collateral other than by "type" (or
Section 9-203(b)(3) [Maine cite section 9-1203, subsection (2),
paragraph (c)] otherwise is satisfied) within the one-year period
following the effective date, the security interest becomes
unenforceable at the end of that period.

 
Other examples under former Article 9 or other applicable law
that may be effective as attachment or enforceability steps but
may be ineffective under this Article include an oral agreement
to sell a payment intangible or possession by virtue of a
notification to a bailee under former Section 9-305. Neither the
oral agreement nor the notification would satisfy the revised
Section 9-203 [Maine cite section 9-1203] requirements for
attachment.


Page 443 of 493 Top of Page Page 445 of 493