LD 2245
pg. 448
Page 447 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 449 of 493
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LR 1087
Item 1

 
1. General. This section addresses primarily the situation in
which the perfection step is taken under former Article 9 or other
applicable law before the effective date of this Article, but the
security interest does not attach until after that date.

 
2. Perfection Other Than by Filing. Subsection (a) [Maine
cite subsection (1)] applies when the perfection step is a step
other than the filing of a financing statement. If the step that
would be a valid perfection step under former Article 9 or other
law is taken before this Article takes effect, and if a security
interest attaches within one year after this Article takes
effect, then the security interest becomes a perfected security
interest upon attachment. However, the security interest becomes
unperfected one year after the effective date unless the
requirements for attachment and perfection under this Article are
satisfied within that period.

 
3. Perfection by Filing: Ineffective Filings Made Effective.
Subsection (b) [Maine cite subsection (2)] deals with financing
statements that were filed under former Article 9 and which would
not have perfected a security interest under the former Article
(because, e.g., they did not accurately describe the collateral
or were filed in the wrong place), but which would perfect a
security interest under this Article. Under subsection (b)
[Maine cite subsection (2)], such a financing statement is
effective to perfect a security interest to the extent it
complies with this Article. Subsection (b) [Maine cite
subsection (2)] applies regardless of the reason for the filing.
For example, a secured party need not wait until the effective
date to respond to the change this Article makes with respect to
the jurisdiction whose law governs perfection of certain security
interests. Rather, a secured party may wish to prepare for this
change by filing a financing statement before the effective date
in the jurisdiction whose law governs perfection under this
Article. When this Article takes effect, the filing becomes
effective to perfect a security interest (assuming the filing
satisfies the perfection requirements of this Article). Note,
however, that Section 9-706 [Maine cite section 9-1706]
determines whether a financing statement filed before the
effective date operates to continue the effectiveness of a
financing statement filed in another office before the effective
date.

 
4. Perfection by Filing: Change in Applicable Law.
Subsection (c) [Maine cite subsection (3)] provides that a
financing statement filed in the proper jurisdiction under former
Section 9-103 remains effective for all purposes, despite the
fact that Part 3 of this Article would require filing of a
financing statement in a different jurisdiction. This means


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