LD 2245
pg. 458
Page 457 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 459 of 493
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LR 1087
Item 1

 
2. Financing Statements Ineffective Under Former Article 9
but Effective Under This Article. If this Article determines
priority, subsection (b) [Maine cite subsection (2)] may apply.
It deals with the case in which a filing that occurs before the
effective date of this Article would be ineffective to perfect a
security interest under former Article 9 but effective under this
Article. For purposes of Section 9-322(a) [Maine cite section 9-
1322, subsection (1)], the priority of a security interest that
attaches after this Article takes effect and is perfected in this
manner dates from the time this Article takes effect.

 
Example 6: In 1999, SP1 obtains a security interest in D's
existing and after-acquired instruments and files a financing
statement covering "instruments." In 2000, D grants a security
interest in its existing and after-acquired accounts in favor of
SP2, who files a financing statement covering "accounts." After
this Article takes effect on July 1, 2001, one of D's account
debtors gives D a negotiable note to evidence its obligation to
pay an overdue account. Under the first-to-file-or-perfect rule
in Section 9-322(a) [Maine cite section 9-1322, subsection (1)],
SP1 would have priority in the instrument, which constitutes
SP2's proceeds. SP1's filing in 1999 was earlier than SP2's in
2000. However, subsection (b) [Maine cite subsection (2)]
provides that, for purposes of Section 9-322(a) [Maine cite
section 9-1322, subsection (1)], SP1's priority dates from the
time this Article takes effect (July 1, 2001). Under Section 9-
322(b) [Maine cite section 9-1322, subsection (2)], SP2's
priority with respect to the proceeds (instrument) dates from its
filing as to the original collateral (accounts). Accordingly,
SP2's security interest would be senior.

 
Subsection (b) [Maine cite subsection (2)] does not apply to
conflicting security interests each of which is perfected by a
pre-effective-date filing that was not effective under former
Article 9 but is effective under this Article.

 
Example 7: In 1999, SP1 obtains a security interest in D's
existing and after-acquired instruments and files a financing
statement covering "instruments." In 2000, D grants a security
interest in its existing and after-acquired instruments in favor
of SP2, who files a financing statement covering "instruments."
After this Article takes effect on July 1, 2001, one of D's
account debtors gives D a negotiable note to evidence its
obligation to pay an overdue account. Under the first-to-file-
or-perfect rule in Section 9-322(a) [Maine cite section 9-1322,
subsection (1)], SP1 would have priority in the instrument. Both
filings are effective under this Article, see Section 9-705(b)
[Maine cite section 9-1705, subsection (2)], and SP1's filing in
1999 was earlier than SP2's in 2000. Subsection (b) [Maine cite
subsection (2)] does
not change this result.


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