| | | into the appropriateness of the method of transmission used | | in the particular circumstances involved. |
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| | | 10. Scope-Related Definitions. |
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| | | 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)]. |
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| | | 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. |
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| | | 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. |
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| | | 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." |
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| | | 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." |
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| | | 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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