LD 2245
pg. 451
Page 450 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 452 of 493
Download Bill Text
LR 1087
Item 1

 
cite sections 9-1301, 9-1307].) Under the second sentence of
subsection (d) [Maine cite subsection (4)], the timely filing of
a continuation statement in accordance with the law of State Y
continues the effectiveness of the financing statement.

 
Example 4: The facts are as in Example 3, except that the
collateral is equipment used in farming operations and, in
accordance with former Section 9-401(1) (second alternative) as
enacted in State Y, the financing statement was filed in State Y,
in the office of the Shelby County Recorder of Deeds. Under this
Article, a continuation statement must be filed in the office of
the State Y Secretary of State. See Section 9-501(a)(2) [Maine
cite section 9-1501, subsection (1), paragraph (b)]. Under the
second sentence of subsection (d) [Maine cite subsection (4)],
the timely filing of a continuation statement in accordance with
the law of State Y operates to continue a pre-effective-date
financing statement only if the continuation statement is filed
in the same office as the financing statement. Accordingly, the
continuation statement is not effective in this case, but the
financing statement may be continued under Section 9-706 [Maine
cite section 9-1706].

 
Example 5: The facts are as in Example 3, except that State Y
enacted former Section 9-401(1) (third alternative). As required
by former Section 9-401(1), SP filed financing statements in both
the office of the State Y Secretary of State and the office of
the Shelby County Recorder of Deeds. Under this Article, a
continuation statement must be filed in the office of the State Y
Secretary of State. See Section 9-501(a)(2) [Maine cite section
9-1501, subsection (1), paragraph (b)]. The timely filing of a
continuation statement in that office after this Article takes
effect would be effective to continue the effectiveness of the
financing statement (and thus continue the perfection of the
security interest), even if the financing statement filed with
the County Recorder lapses.

 
6. Continuation Statements. In some cases, this Article
reclassifies collateral covered by a financing statement filed
under former Article 9. For example, collateral consisting of
the right to payment for real property sold would be a "general
intangible" under the former Article but an "account" under this
Article. To continue perfection under those circumstances, a
continuation statement must comply with the normal requirements
for a continuation statement. See Section 9-515 [Maine cite
section 9-1515]. In addition, the pre-effective-date financing
statement and continuation statement, taken together, must
satisfy the requirements of this Article concerning the
sufficiency of the debtor's name, secured party's name, and
indication of collateral. See subsection (f) [Maine cite
subsection (6)].


Page 450 of 493 Top of Page Page 452 of 493