LD 2245
pg. 52
Page 51 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 53 of 493
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LR 1087
Item 1

 
communicate or store information include, but are not limited to,
magnetic media, optical discs, digital voice messaging systems,
electronic mail, audio tapes, and photographic media, as well as
paper. "Record" is an inclusive term that includes all of these
methods of storing or communicating information. Any "writing"
is a record. A record may be authenticated. See Comment 9.b. A
record may be created without the knowledge or intent of a
particular person.

 
Like the terms "written" or "in writing," the term "record"
does not establish the purposes, permitted uses, or legal effect
that a record may have under any particular provision of law.
Whatever is filed in the Article 9 [Maine cite Article 9-A]
filing system, including financing statements, continuation
statements, and termination statements, whether transmitted in
tangible or intangible form, would fall within the definition.
However, in some instances, statutes or filing-office rules may
require that a paper record be filed. In such cases, even if
this Article permits the filing of an electronic record,
compliance with those statutes or rules is necessary. Similarly,
a filer must comply with a statute or rule that requires a
particular type of encoding or formatting for an electronic
record.

 
This Article sometimes uses the terms "for record," "of
record," "record or legal title," and "record owner." Some of
these are terms traditionally used in real-property law. The
definition of "record" in this Article now explicitly excepts
these usages from the defined term. Also, this Article refers to
a record that is filed or recorded in real-property recording
systems to record a mortgage as a "record of a mortgage." This
usage recognizes that the defined term "mortgage" means an
interest in real property; it does not mean the record that
evidences, or is filed or recorded with respect to, the mortgage.

 
b. "Authenticate"; "Communicate"; "Send." The terms
"authenticate" and "authenticated" generally replace "sign"
and "signed." "Authenticated" replaces and broadens the
definition of "signed," in Section 1-201, to encompass
authentication of all records, not just writings.
(References to authentication of, e.g., an agreement,
demand, or notification mean, of course, authentication of a
record containing an agreement, demand, or notification.)
The terms "communicate" and "send" also contemplate the
possibility of communication by nonwritten media. These
definitions include the act of transmitting both tangible
and intangible records. The definition of "send" replaces,
for purposes of this Article, the corresponding term in
Section 1-201. The reference to "usual means of
communication" in that definition contemplates an inquiry


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