LD 2245
pg. 479
Page 478 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 480 of 493
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LR 1087
Item 1

 
Official Comment

 
1.__This section gives the issuer of a letter of credit or a
nominated person thereunder an automatic perfected security
interest in a "document" (as that term is defined in Section 5-
102(a)(6)).__The security interest arises only if the document is
presented to the issuer or nominated person under the letter of
credit and only to the extent of the value that is given.__This
security interest is analogous to that awarded to a collecting
bank under Section 4-210.__Subsection (b) contains special rules
governing the security interest arising under this section.__In
all other respects, a security interest arising under this
section is subject to Article 9 [Maine cite Article 9-A].__See
Section 9-109 [Maine cite section 9-1109].__Thus, for example, a
security interest arising under this section may give rise to a
security interest in proceeds under Section 9-315 [Maine cite
section 9-1315].

 
2.__Subsection (b)(1) makes a security agreement unnecessary
to the creation of a security interest under this section.__Under
subsection (b)(2), a security interest arising under this section
is perfected if the document is presented in a medium other than
a written or tangible medium.__Documents that are written and
that are not an otherwise-defined type of collateral under
Article 9 (e.g., an invoice or inspection certificate) may be
goods, in which an issuer or nominated person could perfect its
security interest by possession.__Because the definition of
document in Section 5-102(a)(6) includes records (e.g.,
electronic records) that may not be goods, subsection (b)(2)
provides for automatic perfection (i.e., without filing or
possession).

 
Under subsection (b)(3), if the document (i) is in a written
or tangible medium, (ii) is not a certificated security, chattel
paper, a document of title, an instrument, or a letter of credit,
and (iii) is not in the debtor's possession, the security
interest is perfected and has priority over a conflicting
security interest.__If the document is a type of tangible
collateral that subsection (b)(3) excludes from its perfection
and priority rules, the issuer or nominated person must comply
with the normal method of perfection (e.g., possession of an
instrument) and is subject to the applicable Article 9 [Maine
cite Article 9-A] priority rules.__Documents to which subsection
(b)(3) applies may be important to an issuer or nominated person.__
For example, a confirmer who pays the beneficiary must be assured
that its rights to all documents are not impaired.__It will find
it necessary to present all of the required documents to the
issuer in order to be reimbursed.__Moreover, when a nominated
person sends documents to an issuer in connection with the
nominated person's reimbursement, that activity is not a


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