LD 2245
pg. 72
Page 71 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 73 of 493
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LR 1087
Item 1

 
transferee beneficiary or nominated person to the extent that
those rights are independent and superior under Section 5-114.

 
5. Supporting Obligation: Automatic Attachment and
Perfection. A letter-of-credit right is a type of "supporting
obligation," as defined in Section 9-102 [Maine cite section 9-
1102]. Under Sections 9-203 and 9-308 [Maine cite sections 9-
1203 and 9-1308], a security interest in a letter-of-credit right
automatically attaches and is automatically perfected if the
security interest in the supported obligation is a perfected
security interest. However, unless the secured party has control
of the letter-of-credit right or itself becomes a transferee
beneficiary, it cannot obtain any rights against the issuer or a
nominated person under Article 5. Consequently, as a practical
matter, the secured party's rights would be limited to its
ability to locate and identify proceeds distributed by the issuer
or nominated person under the letter of credit.

 
§9-1108.__Sufficiency of description

 
(1)__Except as otherwise provided in subsections (3), (4) and
(5), a description of personal or real property is sufficient,
whether or not it is specific, if it reasonably identifies what
is described.

 
(2)__Except as otherwise provided in subsection (4), a
description of collateral reasonably identifies the collateral if
it identifies the collateral by:

 
(a)__Specific listing;

 
(b)__Category;

 
(c)__Except as otherwise provided in subsection (5), a type
of collateral defined in this Title;

 
(d)__Quantity;

 
(e)__Computational or allocational formula or procedure; or

 
(f)__Except as otherwise provided in subsection (3), any other
method, if the identity of the collateral is objectively
determinable.

 
(3)__A description of collateral as "all the debtor's assets"
or "all the debtor's personal property" or using words of similar
import does not reasonably identify the collateral.


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