LD 2245
pg. 50
Page 49 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 51 of 493
Download Bill Text
LR 1087
Item 1

 
and securities markets are closely linked. The rules on security
interests in commodity contracts and commodity accounts provide a
structure that may be essential in times of stress in the
financial markets. Suppose, for example that a firm has a
position in a securities market that is hedged by a position in a
commodity market, so that payments that the firm is obligated to
make with respect to the securities position will be covered by
the receipt of funds from the commodity position. Depending upon
the settlement cycles of the different markets, it is possible
that the firm could find itself in a position where it is
obligated to make the payment with respect to the securities
position before it receives the matching funds from the commodity
position. If cross-margining arrangements have not been
developed between the two markets, the firm may need to borrow
funds temporarily to make the earlier payment. The rules on
security interests in investment property would facilitate the
use of positions in one market as collateral for loans needed to
cover obligations in the other market.

 
7. Consumer-Related Definitions: "Consumer Debtor";
"Consumer Goods"; "Consumer-goods transaction"; "Consumer
Obligor"; "Consumer Transaction." The definition of "consumer
goods" (discussed above) is substantially the same as the
definition in former Section 9-109 [Maine cite section 9-1109].
The definitions of "consumer debtor," "consumer obligor,"
"consumer-goods transaction," and "consumer transaction" have
been added in connection with various new (and old) consumer-
related provisions and to designate certain provisions that are
inapplicable in consumer transactions.

 
"Consumer-goods transaction" is a subset of "consumer
transaction." Under each definition, both the obligation secured
and the collateral must have a personal, family, or household
purpose. However, "mixed" business and personal transactions
also may be characterized as a consumer-goods transaction or
consumer transaction. Subparagraph (A) [Maine cite paragraph
(a)] of the definition of consumer-goods transactions and clause
(i) [Maine cite paragraph (a)] of the definition of consumer
transaction are primary purposes tests. Under these tests, it is
necessary to determine the primary purpose of the obligation or
obligations secured. Subparagraph (B) [Maine cite paragraph (b)]
and clause (iii) [Maine cite paragraph (c)] of these definitions
are satisfied if any of the collateral is consumer goods, in the
case of a consumer-goods transaction, or "is held or acquired
primarily for personal, family, or household purposes," in the
case of a consumer transaction. The fact that some of the
obligations secured or some of the collateral for the obligation
does not satisfy the tests (e.g., some of the collateral is
acquired for a business purpose) does not prevent a transaction


Page 49 of 493 Top of Page Page 51 of 493