LD 2245
pg. 7
Page 6 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 8 of 493
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LR 1087
Item 1

 
consisting of information stored in an electronic medium (i.e.,
it is not written). Perfection of a security interest in
electronic chattel paper may be by control or filing. See
Sections 9-105 [Maine cite section 9-1105] (sui generis
definition of control of electronic chattel paper), 9-312 [Maine
cite section 9-1312] (perfection by filing), 9-314 [Maine cite
section 9-1314] (perfection by control).

 
Investment property. The perfection requirements for
"investment property" (defined in Section 9-102) [Maine cite
section 9-1102], including perfection by control under Section 9-
106 [Maine cite section 9-1106], remain substantially unchanged.
However, a new provision in Section 9-314 [Maine cite section 9-
1314] is designed to ensure that a secured party retains control
in "repledge" transactions that are typical in the securities
markets.

 
Instruments, agricultural liens, and commercial tort claims.
This Article expands the types of collateral in which a security
interest may be perfected by filing to include instruments. See
Section 9-312 [Maine cite section 9-1312]. Agricultural liens
and security interests in commercial tort claims also are
perfected by filing, under this Article. See Sections 9-308, 9-
310 [Maine cite sections 9-1308, 9-310].

 
Sales of payment intangibles and promissory notes.
Although former Article 9 covered the outright sale of accounts
and chattel paper, sales of most other types of receivables also
are financing transactions to which Article 9 [Maine cite Article
9-A] should apply. Accordingly, Section 9-102 [Maine cite
section 9-1102] expands the definition of "account" to include
many types of receivables (including "health-care-insurance
receivables," defined in Section 9-102) [Maine cite section 9-
1102] that former Article 9 classified as "general intangibles."
It thereby subjects to Article 9's [Maine cite Article 9-A]
filing system sales of more types of receivables than did former
Article 9. Certain sales of payment intangibles--primarily bank
loan participation transactions-should not be subject to the
Article 9 [Maine cite Article 9-A] filing rules. These
transactions fall in a residual category of collateral, "payment
intangibles" (general intangibles under which the account
debtor's principal obligation is monetary), the sale of which is
exempt from the filing requirements of Article 9 [Maine cite
Article 9-A]. See Sections 9-102, 9-109, 9-309 [Maine cite
sections 9-1102, 9-1109, 9-1309] (perfection upon attachment).
The perfection rules for sales of promissory notes are the same
as those for sales of payment intangibles.


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