LD 2245
pg. 446
Page 445 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 447 of 493
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LR 1087
Item 1

 
(3)__Becomes perfected:

 
(a)__Without further action, when this Article takes effect
if the applicable requirements for perfection under this
Article are satisfied before or at that time; or

 
(b)__When the applicable requirements for perfection are
satisfied if the requirements are satisfied after that time.

 
Official Comment

 
This section deals with security interests that are
enforceable but unperfected (i.e., subordinate to the rights of a
person who becomes a lien creditor) under former Article 9 or
other applicable law immediately before this Article takes
effect. These security interests remain enforceable for one year
after the effective date, and thereafter if the appropriate steps
for attachment under this Article are taken before the one-year
period expires. (This section's treatment of enforceability is
the same as that of Section 9-703 [Maine cite section 9-1703].)
The security interest becomes a perfected security interest on
the effective date if, at that time, the security interest
satisfies the requirements for perfection under this Article. If
the security interest does not satisfy the requirements for
perfection until sometime thereafter, it becomes a perfected
security interest at that later time.

 
Example: A security interest has attached under former
Article 9 but is unperfected because the filed financing
statement covers "all of debtor's personal property" and
controlling case law in the applicable jurisdiction has
determined that this identification of collateral in a financing
statement is insufficient. Upon the effective date of this
Article, the financing statement becomes sufficient under Section
9-504(2) [Maine cite section 9-1504, subsection (2)]. On that
date the security interest becomes perfected. (This assumes, of
course, that the financing statement is filed in the proper
filing office under this Article.)

 
§9-1705.__Effectiveness of action taken before effective date

 
(1)__If action, other than the filing of a financing
statement, is taken before this Article takes effect and the
action would have resulted in priority of a security interest
over the rights of a person that becomes a lien creditor had the
security interest become enforceable before this Article takes
effect, the action is effective to perfect a security interest
that attaches under this Article within one year after this
Article takes effect.__An attached security interest becomes


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