LD 2245
pg. 450
Page 449 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 451 of 493
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LR 1087
Item 1

 
statement would have remained effective to perfect the security
interest through June 30, 2006. See subsection (c)(2) [Maine
cite subsection (3), paragraph (b)]. Alternatively, SP could
have filed an initial financing statement in State X under
subsection (b) [Maine cite subsection (2)] or Section 9-706
[Maine cite section 9-1706] before the State Y financing
statement lapsed. Had SP done so, the security interest would
have remained perfected without interruption until the State X
financing statement lapsed.

 
5. Continuing Effectiveness of Filed Financing Statement. A
financing statement filed before the effective date of this
Article may be continued only by filing in the State and office
designated by this Article. This result is accomplished in the
following manner: Subsection (d) [Maine cite subsection (4)]
indicates that, as a general matter, a continuation statement
filed after the effective date of this Article does not continue
the effectiveness of a financing statement filed under the law
designated by former Section 9-103. Instead, an initial
financing statement must be filed under Section 9-706 [Maine cite
section 9-1706]. The second sentence of subsection (d) [Maine
cite subsection (4)] contains an exception to the general rule.
It provides that a continuation statement is effective to
continue the effectiveness of a financing statement filed before
this Article takes effect if this Article prescribes not only the
same jurisdiction but also the same filing office.

 
Example 2: On November 8, 2000, D, a State X corporation,
creates a security interest in certain manufacturing equipment
located in State Y. On November 15, 2000, SP perfects a security
interest in the equipment under former Article 9 by filing in
office of the State Y Secretary of State. See former Section 9-
103(1)(b). This Article takes effect in States X and Y on July
1, 2001. Under Section 9-705(c) [Maine cite section 9-1705,
subsection (3)], the financing statement ceases to be effective
in November, 2005, when it lapses. See Section 9-515 [Maine cite
section 9-1515]. Under this Article, the law of D's location
(State X, see Section 9-307 [Maine cite section 9-1307]) governs
perfection. See Section 9-301 [Maine cite section 9-1301].
Thus, the filing of a continuation statement in State Y after the
effective date would not continue the effectiveness of the
financing statement. See subsection (d) [Maine cite subsection
(4)]. However, the effectiveness of the financing statement
could be continued under Section 9-706 [Maine cite section 9-
1706].

 
Example 3: The facts are as in Example 2, except that D is a
State Y corporation. Assume State Y adopted former Section 9-
401(1) (second alternative). State Y law governs perfection
under Part 3 of this Article. (See Sections 9-301, 9-307 [Maine


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