LD 2245
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Page 46 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 48 of 493
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LR 1087
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claim. See Section 9-401 [Maine cite section 9-1401]. A
security interest in a tort claim also may exist under this
Article if the claim is proceeds of other collateral.

 
h. "Account Debtor." An "account debtor" is a person
obligated on an account, chattel paper, or general
intangible. The account debtor's obligation often is a
monetary obligation; however, this is not always the case.
For example, if a franchisee uses its rights under a
franchise agreement (a general intangible) as collateral,
then the franchisor is an "account debtor." As a general
matter, Article 3, and not Article 9 [Maine cite Article 9-
A], governs obligations on negotiable instruments.
Accordingly, the definition of "account debtor" excludes
obligors on negotiable instruments constituting part of
chattel paper. The principal effect of this change from the
definition in former Article 9 is that the rules in Sections
9-403, 9-404, 9-405, and 9-406 [Maine cite sections 9-1403,
9-1404, 9-1405, 9-1406], dealing with the rights of an
assignee and duties of an account debtor, do not apply to an
assignment of chattel paper in which the obligation to pay
is evidenced by a negotiable instrument. (Section 9-406(d)
[Maine cite section 9-1406, subsection (4)], however, does
apply to promissory notes, including negotiable promissory
notes.) Rather, the assignee's rights are governed by
Article 3. Similarly, the duties of an obligor on a
nonnegotiable instrument are governed by non-Article 9 law
unless the nonnegotiable instrument is a part of chattel
paper, in which case the obligor is an account debtor.

 
i. Receivables Under Government Entitlement Programs. This
Article does not contain a defined term that encompasses
specifically rights to payment or performance under the many
and varied government entitlement programs. Depending on
the nature of a right under a program, it could be an
account, a payment intangible, a general intangible other
than a payment intangible, or another type of collateral.
The right also might be proceeds of collateral (e.g.,
crops).

 
6. Investment-Property-Related Definitions: "Commodity
Account"; "Commodity Contract"; "Commodity Customer"; "Commodity
Intermediary"; "Investment Property." These definitions are
substantially the same as the corresponding definitions in former
Section 9-115. "Investment property" includes securities, both
certificated and uncertificated, securities accounts, security
entitlements, commodity accounts, and commodity contracts. The
term investment property includes a "securities account" in order
to facilitate transactions in which a debtor wishes to create a
security interest in all of the investment positions held through
a particular account rather than in particular positions carried


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