LD 2245
pg. 6
Page 5 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 7 of 493
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LR 1087
Item 1

 
collateral, such as accounts, the applicable law for priority
will be that of the jurisdiction in which the debtor is located.

 
Possessory security interests; agricultural liens.
Perfection, the effect of perfection or nonperfection, and
priority of a possessory security interest or an agricultural
lien are governed by the law of the jurisdiction where the
collateral subject to the security interest or lien is located.
See Sections 9-301, 9-302 [Maine cite sections 9-1301, 9-1302].

 
Goods covered by certificates of title; deposit accounts;
letter-of-credit rights; investment property. This Article
includes several refinements to the treatment of choice-of-law
matters for goods covered by certificates of title. See Section
9-303 [Maine cite section 9-1303]. It also provides special
choice-of-law rules, similar to those for investment property
under current Articles 8 and 9, for deposit accounts (Section 9-
304) [Maine cite section 9-1304], investment property (Section 9-
305)[Maine cite section 9-1305], and letter-of-credit rights
(Section 9-306)[Maine cite section 9-1306].

 
Change in applicable law. Section 9-316 [Maine cite section
9-1316] addresses perfection following a change in applicable
law.

 
d. Perfection. The rules governing perfection of security
interests and agricultural liens are found in Part 3,
Subpart 2 (Sections 9-308 through 9-316)[Maine cite sections
9-1308 to 9-1316].

 
Deposit accounts; letter-of-credit rights. With certain
exceptions, this Article provides that a security interest in a
deposit account or a letter-of-credit right may be perfected only
by the secured party's acquiring "control" of the deposit account
or letter-of-credit right. See Sections 9-312, 9-314 [Maine cite
sections 9-1312, 9-1314]. Under Section 9-104 [Maine cite
section 9-1104], a secured party has "control" of a deposit
account when, with the consent of the debtor, the secured party
obtains the depositary bank's agreement to act on the secured
party's instructions (including when the secured party becomes
the account holder) or when the secured party is itself the
depositary bank. The control requirements are patterned on
Section 8-106, which specifies the requirements for control of
investment property. Under Section 9-107 [Maine cite section 9-
1107], "control" of a letter-of-credit right occurs when the
issuer or nominated person consents to an assignment of proceeds
under Section 5-114.

 
Electronic chattel paper. Section 9-102 [Maine cite section
9-1102] includes a new defined term: "electronic chattel paper."
Electronic chattel paper is a record or records


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