LD 2245
pg. 51
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LR 1087
Item 1

 
from being a "consumer transaction" or "consumer-goods
transaction."

 
8. Filing-Related Definitions: "Continuation Statement";
"File Number"; "Filing Office"; "Filing-office Rule"; "Financing
Statement"; "Fixture Filing"; "Manufactured-Home Transaction";
"New Debtor"; "Original Debtor"; "Public-Finance Transaction";
"Termination Statement"; "Transmitting Utility." These
definitions are used exclusively or primarily in the filing-
related provisions in Part 5. Most are self-explanatory and are
discussed in the Comments to Part 5. A financing statement filed
in a manufactured-home transaction or a public-finance
transaction may remain effective for 30 years instead of the 5
years applicable to other financing statements. See Section 9-
515(b) [Maine cite section 9-1515, subsection (2)]. The
definitions relating to medium neutrality also are significant
for the filing provisions. See Comment 9.

 
The definition of "transmitting utility" has been revised to
embrace the business of transmitting communications generally to
take account of new and future types of communications
technology. The term designates a special class of debtors for
whom separate filing rules are provided in Part 5, thereby
obviating the many local fixture filings that would be necessary
under the rules of Section 9-501 [Maine cite section 9-1501] for
a farflung public-utility debtor. A transmitting utility will
not necessarily be regulated by or operating as such in a
jurisdiction where fixtures are located. For example, a utility
might own transmission lines in a jurisdiction, although the
utility generates no power and has no customers in the
jurisdiction.

 
9. Definitions Relating to Medium Neutrality.

 
a. "Record." In many, but not all, instances, the term
"record" replaces the term "writing" and "written." A
"record" includes information that is in intangible form
(e.g., electronically stored) as well as tangible form
(e.g., written on paper). Given the rapid development and
commercial adoption of modern communication and storage
technologies, requirements that documents or communications
be "written," "in writing," or otherwise in tangible form do
not necessarily reflect or aid commercial practices.

 
A "record" need not be permanent or indestructible, but the
term does not include any oral or other communication that is not
stored or preserved by any means. The information must be stored
on paper or in some other medium. Information that has not been
retained other than through human memory does not qualify as a
record. Examples of current technologies commercially used to


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