LD 2245
pg. 53
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LR 1087
Item 1

 
into the appropriateness of the method of transmission used
in the particular circumstances involved.

 
10. Scope-Related Definitions.

 
a. Expanded Scope of Article: "Agricultural Lien";
"Consignment"; "Payment Intangible"; "Promissory Note."
These new definitions reflect the expanded scope of Article
9 [Maine cite Article 9-A], as provided in Section 9-109(a)
[Maine cite section 9-1109, subsection (1)].

 
b. Reduced Scope of Exclusions: "Governmental Unit";
"Health-Care-Insurance Receivable"; "Commercial Tort
Claims." These new definitions reflect the reduced scope of
the exclusions, provided in Section 9-109(c) and (d) [Maine
cite section 9-1109, subsections (3) and (4)], of transfers
by governmental debtors and assignments of interests in
insurance policies and commercial tort claims.

 
11. Choice-of-Law-Related Definitions: "Certificate of
Title"; "Governmental Unit"; "Jurisdiction of Organization";
"Registered Organization"; "State." These new definitions
reflect the changes in the law governing perfection and priority
of security interests and agricultural liens provided in Part 3,
Subpart 1.

 
Not every organization that may provide information about
itself in the public records is a "registered organization." For
example, a general partnership is not a "registered
organization," even if it files a statement of partnership
authority under Section 303 of the Uniform Partnership Act (1994)
or an assumed name ("dba") certificate. This is because the
State under whose law the partnership is organized is not
required to maintain a public record showing that the partnership
has been organized. In contrast, corporations, limited liability
companies, and limited partnerships are "registered
organizations."

 
12. Deposit-Account-Related Definitions: "Deposit Account";
"Bank." The revised definition of "deposit account" incorporates
the definition of "bank," which is new. The definition derives
from the definitions of "bank" in Sections 4-105(1) and 4A-
105(a)(2), which focus on whether the organization is "engaged in
the business of banking."

 
Deposit accounts evidenced by Article 9 [Maine cite Article 9-
A] "instruments" are excluded from the term "deposit account."
In contrast, former Section 9-105 excluded from the former
definition "an account evidenced by a certificate of deposit."
The revised definition clarifies the proper treatment of


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