LD 2245
pg. 3
Page 2 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 4 of 493
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LR 1087
Item 1

 
promissory notes. In its inclusion of sales of payment
intangibles and promissory notes, this Article continues the
drafting convention found in former Article 9; it provides that
the sale of accounts, chattel paper, payment intangibles, or
promissory notes creates a "security interest." The definition
of "account" in Section 9-102 [Maine cite section 9-1102] also
has been expanded to include various rights to payment that were
general intangibles under former Article 9.

 
Health-care-insurance receivables. Section 9-109 [Maine cite
section 9-1109] narrows Article 9's exclusion of transfers of
interests in insurance policies by carving out of the exclusion
"health-care-insurance receivables" (defined in Section 9-102
[Maine cite section 9-1102]). A health-care-insurance receivable
is included within the definition of "account" in Section 9-102
[Maine cite section 9-1102].

 
Nonpossessory statutory agricultural liens. Section 9-109
[Maine cite section 9-1109] also brings nonpossessory statutory
agricultural liens within the scope of Article 9 [Maine cite
Article 9-A].

 
Consignments. Section 9-109 [Maine cite section 9-1109]
provides that "true" consignments--bailments for the purpose of
sale by the bailee--are security interests covered by Article 9
[Maine cite Article 9-A], with certain exceptions. See Section
9-102 [Maine cite section 9-1102] (defining "consignment").
Currently, many consignments are subject to Article 9's filing
requirements by operation of former Section 2326.

 
Supporting obligations and property securing rights to
payment. This Article also addresses explicitly (i) obligations,
such as guaranties and letters of credit, that support payment or
performance of collateral such as accounts, chattel paper, and
payment intangibles, and (ii) any property (including real
property) that secures a right to payment or performance that is
subject to an Article 9 security interest. See Sections 9-203,
9-308 [Maine cite sections 9-1203, 9-1308].

 
Commercial tort claims. Section 9-109 [Maine cite section 9-
1109] expands the scope of Article 9 [Maine cite Article 9-A] to
include the assignment of commercial tort claims by narrowing the
exclusion of tort claims generally. However, this Article
continues to exclude tort claims for bodily injury and other non-
business tort claims of a natural person. See Section 9-102
[Maine cite section 9-1102] (defining "commercial tort claim").

 
Transfers by States and governmental units of States. Section
9-109 [Maine cite section 9-1109] narrows the exclusion of
transfers by States and their governmental units. It excludes


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