LD 2245
pg. 86
Page 85 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 87 of 493
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LR 1087
Item 1

 
[Maine cite section 9-1312, subsection (2), paragraph (a) and
section 9-1104]. Either of these steps requires the debtor's
consent.

 
This Article also contains new rules that determine which
State's law governs perfection and priority of a security
interest in a deposit account (Section 9-304) [Maine cite section
9-1304], priority of conflicting security interests in and set-
off rights against a deposit account (Sections 9-327, 9-340)
[Maine cite sections 9-1327, 9-1340], the rights of transferees
of funds from an encumbered deposit account (Section 9-332)
[Maine cite section 9-1332], the obligations of the bank (Section
9-341) [Maine cite section 9-1341], enforcement of security
interests in a deposit account (Section 9-607(c)) [Maine cite
section 9-1607, subsection (3)], and the duty of a secured party
to terminate control of a deposit account (Section 9-208(b))
[Maine cite section 9-1208, subsection (2)].

 
§9-1110.__Security interests arising under Article 2 or 2-A

 
A security interest arising under section 2-401, 2-505, 2-711,
subsection (3), or 2-1508, subsection (5) is subject to this
Article.__However, until the debtor obtains possession of the
goods:

 
(1)__The security interest is enforceable, even if section 9-
1203, subsection (2), paragraph (c) has not been satisfied;

 
(2)__Filing is not required to perfect the security interest;

 
(3)__The rights of the secured party after default by the
debtor are governed by Article 2 or 2-A; and

 
(4)__The security interest has priority over a conflicting
security interest created by the debtor.

 
Official Comments

 
1. Source. Former Section 9-113.

 
2. Background. Former Section 9-113, from which this section
derives, referred generally to security interests "arising solely
under the Article on Sales (Article 2) or the Article on Leases
(Article 2A)." Views differed as to the precise scope of that
section. In contrast, Section 9-110 [Maine cite section 9-1110]
specifies the security interests to which it applies.

 
3. Security Interests Under Articles 2 and 2A. Section 2-505
explains how a seller of goods may reserve a security


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