LD 2245
pg. 9
Page 8 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 10 of 493
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LR 1087
Item 1

 
Purchase-money security interests: General; consumer-goods
transactions; inventory. Section 9-103 [Maine cite section 9-
1103] substantially rewrites the definition of purchase-money
security interest (PMSI) (although the term is not formally
"defined"). The substantive changes, however, apply only to non-
consumer-goods transactions. (Consumer transactions and
consumer-goods transactions are discussed below in Comment 4.j.)
For non-consumer-goods transactions, Section 9-103 [Maine cite
section 9-1103] makes clear that a security interest in
collateral may be (to some extent) both a PMSI as well as a non-
PMSI, in accord with the "dual status" rule applied by some
courts under former Article 9 (thereby rejecting the
"transformation" rule). The definition provides an even broader
conception of a PMSI in inventory, yielding a result that accords
with private agreements entered into in response to the
uncertainty under former Article 9. It also treats consignments
as purchase-money security interests in inventory. Section 9-324
[Maine cite section 9-1324] revises the PMSI priority rules, but
for the most part without material change in substance. Section
9-324 [Maine cite section 9-1324] also clarifies the priority
rules for competing PMSIs in the same collateral.

 
Purchase-money security interests in livestock; agricultural
liens. Section 9-324 [Maine cite section 9-1324] provides a
special PMSI priority, similar to the inventory PMSI priority
rule, for livestock. Section 9-322 [Maine cite section 9-1322]
(which contains the baseline first-to-file-or-perfect priority
rule) also recognizes special non-Article 9 priority rules for
agricultural liens, which can override the baseline first-in-time
rule.

 
Purchase-money security interests in software. Section 9-324
[Maine cite section 9-1324] contains a new priority rule for a
software purchase-money security interest. (Section 9-102 [Maine
cite section 9-1102] includes a definition of "software.") Under
Section 9-103 [Maine cite section 9-1102], a software PMSI
includes a PMSI in software that is used in goods that are also
subject to a PMSI. (Note also that the definition of "chattel
paper" has been expanded to include records that evidence a
monetary obligation and a security interest in specific goods and
software used in the goods.)

 
Investment property. The priority rules for investment
property are substantially similar to the priority rules found in
former Section 9-115 [Maine cite section 9-1115], which was added
in conjunction with the 1994 revisions to UCC Article 8. Under
Section 9-328 [Maine cite section 9-1328], if a secured party has
control of investment property (Sections 8-106, 9-106) [Maine
cite section 9-1106], its security interest is senior to a
security interest perfected in another manner (e.g., by filing).


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