LD 2245
pg. 49
Page 48 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 50 of 493
Download Bill Text
LR 1087
Item 1

 
commodity fluctuates during the term of the contract. The rules
of the commodity exchanges require that the contracts be marked
to market on a daily basis; that is, the customer pays or
receives any increment attributable to that day's price change.
Because commodity customers may incur obligations on their
contracts, they are required to provide collateral at the outset,
known as "original margin," and may be required to provide
additional amounts, known as "variation margin," during the term
of the contract.

 
The most likely setting in which a person would want to take a
security interest in a commodity contract is where a lender who
is advancing funds to finance an inventory of a physical
commodity requires the borrower to enter into a commodity
contract as a hedge against the risk of decline in the value of
the commodity. The lender will want to take a security interest
in both the commodity itself and the hedging commodity contract.
Typically, such arrangements are structured as security interests
in the entire commodity account in which the borrower carries the
hedging contracts, rather than in individual contracts.

 
One important effect of including commodity contracts and
commodity accounts in Article 9 [Maine cite Article 9-A] is to
provide a clearer legal structure for the analysis of the rights
of commodity clearing organizations against their participants
and futures commission merchants against their customers. The
rules and agreements of commodity clearing organizations
generally provide that the clearing organization has the right to
liquidate any participant's positions in order to satisfy
obligations of the participant to the clearing corporation.
Similarly, agreements between futures commission merchants and
their customers generally provide that the futures commission
merchant has the right to liquidate a customer's positions in
order to satisfy obligations of the customer to the futures
commission merchant.

 
The main property that a commodity intermediary holds as
collateral for the obligations that the commodity customer may
incur under its commodity contracts is not other commodity
contracts carried by the customer but the other property that the
customer has posted as margin. Typically, this property will be
securities. The commodity intermediary's security interest in
such securities is governed by the rules of this Article on
security interests in securities, not the rules on security
interests in commodity contracts or commodity accounts.

 
Although there are significant analytic and regulatory
differences between commodities and securities, the development
of commodity contracts on financial products in the past few
decades has resulted in a system in which the commodity markets


Page 48 of 493 Top of Page Page 50 of 493