LD 2245
pg. 54
Page 53 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 55 of 493
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LR 1087
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nonnegotiable or uncertificated certificates of deposit. Under
the definition, an uncertificated certificate of deposit would be
a deposit account (assuming there is no writing evidencing the
bank's obligation to pay) whereas a nonnegotiable certificate of
deposit would be a deposit account only if it is not an
"instrument" as defined in this section (a question that turns on
whether the nonnegotiable certificate of deposit is "of a type
that in ordinary course of business is transferred by delivery
with any necessary indorsement or assignment.")

 
A deposit account evidenced by an instrument is subject to the
rules applicable to instruments generally. As a consequence, a
security interest in such an instrument cannot be perfected by
"control" (see Section 9-104 [Maine cite section 9-1104]), and
the special priority rules applicable to deposit accounts (see
Sections 9-327 and 9-340 [Maine cite sections 9-1327 and 9-1340])
do not apply.

 
The term "deposit account" does not include "investment
property," such as securities and security entitlements. Thus,
the term also does not include shares in a money-market mutual
fund, even if the shares are redeemable by check.

 
13. Proceeds-Related Definitions: "Cash Proceeds"; "Noncash
Proceeds"; "Proceeds." The revised definition of "proceeds"
expands the definition beyond that contained in former Section 9-
306 [Maine cite section 9-1306] and resolves ambiguities in the
former section.

 
a. Distributions on Account of Collateral. The phrase
"whatever is collected on, or distributed on account of,
collateral," in subparagraph (B) [Maine cite paragraph (6)],
is broad enough to cover cash or stock dividends distributed
on account of securities or other investment property that
is original collateral. Compare former Section 9-306 ("Any
payments or distributions made with respect to investment
property collateral are proceeds."). This section rejects
the holding of Hastie v. FDIC, 2 F.3d 1042 (10th Cir. 1993)
(postpetition cash dividends on stock subject to a
prepetition pledge are not "proceeds" under Bankruptcy Code
Section 552(b)), to the extent the holding relies on the
Article 9 [Maine cite Article 9-A] definition of "proceeds."

 
b. Distributions on Account of Supporting Obligations.
Under subparagraph (B) [Maine cite paragraph (6)],
collections on and distributions on account of collateral
consisting of various credit-support arrangements
("supporting obligations," as defined in Section 9-102)
[Maine cite section 9-1102] also are proceeds.
Consequently, they are afforded treatment
identical to


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