LD 2245
pg. 460
Page 459 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 461 of 493
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LR 1087
Item 1

 
6. Section 9-103 Sections 9-301 to 9-307 [Maine cite sections
9-1301 to 9-1307] should be consulted as to the rules for
perfection of security interests and the effects agricultural
liens, the effect of perfection and nonperfection, and priority.

 
Sec. B-2. 11 MRSA §1-201, sub-§(9), as amended by PL 1979, c. 541, Pt.
A, §100, is further amended to read:

 
(9) Buyer in ordinary course of business. "Buyer in ordinary
course of business" means a person who that buys goods in good
faith and, without knowledge that the sale to him is in violation
of violates the ownership rights or security interest of a third
party another person in the goods buys, and in the ordinary
course from a person, other than a pawnbroker, in the business of
selling goods of that kind but does not include a pawnbroker.
All persons who sell minerals or the like, including oil and gas,
at wellhead or minehead shall be deemed to be persons A person
buys goods in the ordinary course if the sale to the person
comports with the usual or customary practices in the kind of
business in which the seller is engaged or with the seller's own
usual or customary practices.__A person that sells oil, gas or
other minerals at the wellhead or minehead is a person in the
business of selling goods of that kind. "Buying" A "buyer in
ordinary course of business" may be buy for cash or, by exchange
of other property or on secured or unsecured credit and includes
receiving may acquire goods or documents of title under a
preexisting contract for sale but does not include a transfer in
bulk or as security for or in total or partial satisfaction of a
money debt. Only a buyer that takes possession of the goods or
has a right to recover the goods from the seller under Article 2
may be a "buyer in ordinary course of business."__A person that
acquires goods in a transfer in bulk or as security for or in
total or partial satisfaction of a money debt is not a "buyer in
ordinary course of business."

 
Sec. B-3. 11 MRSA §1-201, sub-§(32) is amended to read:

 
(32) Purchase. "Purchase" includes taking by sale, discount,
negotiation, mortgage, pledge, lien, security interest, issue or
reissue, gift or any other voluntary transaction creating an
interest in property.

 
Sec. B-4. 11 MRSA §1-201, sub-§(37), as corrected by RR 1991, c. 2,
§35, is amended by amending the first paragraph to read:

 
(37) Security interest. "Security interest" means an
interest in personal property or fixtures that secures payment or
performance of an obligation. The retention or reservation of
title by a seller of goods notwithstanding shipment or delivery


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