LD 2245
pg. 74
Page 73 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 75 of 493
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LR 1087
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to include after-acquired collateral if the agreement does not
explicitly so provide. This question is one of contract
interpretation and is not susceptible to a statutory rule (other
than a rule to the effect that it is a question of contract
interpretation). Accordingly, this section contains no reference
to descriptions of after-acquired collateral.

 
4. Investment Property. Under subsection (d) [Maine cite
subsection (4)], the use of the wrong Article 8 terminology does
not render a description invalid (e.g., a security agreement
intended to cover a debtor's "security entitlements" is
sufficient if it refers to the debtor's "securities"). Note also
that given the broad definition of "securities account" in
Section 8-501, a security interest in a securities account also
includes all other rights of the debtor against the securities
intermediary arising out of the securities account. For example,
a security interest in a securities account would include credit
balances due to the debtor from the securities intermediary,
whether or not they are proceeds of a security entitlement.
Moreover, describing collateral as a securities account is a
simple way of describing all of the security entitlements carried
in the account.

 
5. Consumer Investment Property; Commercial Tort Claims.
Subsection (e) [Maine cite subsection (5)] requires greater
specificity of description in order to prevent debtors from
inadvertently encumbering certain property. Subsection (e)
[Maine cite subsection (5)] requires that a description by
defined "type" of collateral alone of a commercial tort claim or,
in a consumer transaction, of a security entitlement, securities
account, or commodity account, is not sufficient. For example,
"all existing and after-acquired investment property" or "all
existing and after-acquired security entitlements," without more,
would be insufficient in a consumer transaction to describe a
security entitlement, securities account, or commodity account.
The reference to "only by type" in subsection (e) [Maine cite
subsection (5)] means that a description is sufficient if it
satisfies subsection (a) [Maine cite subsection (1)] and contains
a descriptive component beyond the "type" alone. Moreover, if
the collateral consists of a securities account or commodity
account, a description of the account is sufficient to cover all
existing and future security entitlements or commodity contracts
carried in the account. See Section 9-203(h), (i) [Maine cite
section 9-1203, subsections (8) and (9)].

 
Under Section 9-204 [Maine cite section 9-1204], an after-
acquired collateral clause in a security agreement will not reach
future commercial tort claims. It follows that when an effective
security agreement covering a commercial tort claim is entered
into the claim already will exist. Subsection (e) [Maine


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