LD 2245
pg. 2
Page 1 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 3 of 493
Download Bill Text
LR 1087
Item 1

 
American Law Institute and the National Conference of Commissioners
on Uniform State Laws, established a committee to study Article 9
of the UCC. The study committee issued its report as of December
1, 1992, recommending the creation of a drafting committee for the
revision of Article 9 and also recommending numerous specific
changes to Article 9. Organized in 1993, a drafting committee met
fifteen times from 1993 to 1998. This Article was approved by its
sponsors in 1998.

 
3. Reorganization and Renumbering; Captions; Style. This
Article reflects a substantial reorganization of former Article 9
and renumbering of most sections. New Part 4 deals with several
aspects of third-party rights and duties that are unrelated to
perfection and priority. Some of these were covered by Part 3 of
former Article 9. Part 5 deals with filing (covered by former
Part 4) and Part 6 deals with default and enforcement (covered by
former Part 5). Appendix I contains conforming revisions to
other Articles of the UCC, and Appendix II contains model
provisions for production-money priority.

 
This Article also includes headings for the subsections as an
aid to readers. Unlike section captions, which are part of the
UCC, see Section 1-109, subsection headings are not a part of the
official text itself and have not been approved by the sponsors.
Each jurisdiction in which this Article is introduced may
consider whether to adopt the headings as a part of the statute
and whether to adopt a provision clarifying the effect, if any,
to be given to the headings. This Article also has been
conformed to current style conventions.

 
4. Summary of Revisions. Following is a brief summary of
some of the more significant revisions of Article 9 that are
included in this Article.

 
a. Scope of Article 9. This Article expands the scope of
Article 9 in several respects.

 
Deposit accounts. Section 9-109 [Maine cite section 9-1109]
includes within this Article's scope deposit accounts as original
collateral, except in consumer transactions. Former Article 9
dealt with deposit accounts only as proceeds of other collateral.

 
Sales of payment intangibles and promissory notes. Section 9-
109 [Maine cite section 9-1109] also includes within the scope of
this Article most sales of "payment intangibles" (defined in
Section 9-102 [Maine cite section 9-1102] as general intangibles
under which an account debtor's principal obligation is monetary)
and "promissory notes" (also defined in Section 9-102 [Maine cite
section 9-1102]). Former Article 9 included sales of accounts
and chattel paper, but not sales of payment intangibles or


Page 1 of 493 Top of Page Page 3 of 493