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USA Statutes : maine
Title : Title 11. UNIFORM COMMERCIAL CODE
Chapter : Article 10. Transition Provisions
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Title 11 - §10-101. Definitions; retroactivity
Title 11: UNIFORM COMMERCIAL CODE
Article 10: Transition Provisions
§10-101. Definitions; retroactivity
(1) For the purposes of this Article, the phrase "old code" means the Uniform Commercial Code as enacted by public law, 1963,
chapter 362 and as amended by the following:
div>
Public law, 1965, chapter 306;
div>
Public law, 1967, chapter 213;
div>
Public law, 1969, chapter 155;
div>
Public law, 1969, chapter 225;
div>
Public law, 1969, chapter 302;
div>
Public law, 1969, chapter 327;
div>
Public law, 1969, chapter 389;
div>
Public law, 1969, chapter 421;
div>
Public law, 1969, chapter 582;
div>
Public law, 1971, chapter 11;
div>
Public law, 1971, chapter 474;
div>
Public law, 1971, chapter 544;
div>
Public law, 1973, chapter 8;
div>
Public law, 1973, chapter 441;
div>
Public law, 1973, chapter 442;
div>
Public law, 1973, chapter 443;
div>
Public law, 1973, chapter 444;
div>
Public law, 1973, chapter 625;
div>
Public law, 1973, chapter 762;
div>
Public law, 1975, chapter 269;
div>
Public law, 1975, chapter 320;
div>
Public law, 1975, chapter 770; and
div>
Public law, 1977, chapter 90.
p align="center">For the purposes of this Article, the phrase "public law, 1977, chapter 526" means chapter 526 of the public laws of 1977,
"An Act Relating to Secured Transactions under the Uniform Commercial Code," effective January 1, 1978. The phrase "new code"
means the old code as amended by public law, 1977, chapter 526.
[1977, c. 586 (new).]
(2) This Article is retroactive to January 1, 1978.
[1977, c. 586 (new).]
Section History:
PL 1977,
Ch. 586,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 11 - §10-102. Preservation of old transition provision
Title 11: UNIFORM COMMERCIAL CODE
Article 10: Transition Provisions
§10-102. Preservation of old transition provision
Chapter 362, section 41 of the public laws of 1963 shall continue to apply to the new code and for this purpose the old code
and the new code shall be considered one continuous statute.
[1977, c. 586 (new).]
Section History:
PL 1977,
Ch. 586,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 11 - §10-103. Transition to the new code; general rule
Title 11: UNIFORM COMMERCIAL CODE
Article 10: Transition Provisions
§10-103. Transition to the new code; general rule
Transactions validly entered into after December 31, 1964, and before January 1, 1978, and which are subject to the provisions
of the old code and which would be subject to the new code and this Article, as amended if they had been entered into after
the effective date of public law, 1977, chapter 526 and the rights, duties and interests flowing from such transactions remain
valid after January 1, 1978, and may be terminated, completed, consummated or enforced as required or permitted by the new
code. Security interests arising out of those transactions, which are perfected when public law, 1977, chapter 526 becomes
effective, shall remain perfected until they lapse as provided in the new code and may be continued as permitted by the new
code, except as stated in section 10-105.
[1977, c. 586 (new).]
Section History:
PL 1977,
Ch. 586,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 11 - §10-104. Transition provision on change of requirement of filing
Title 11: UNIFORM COMMERCIAL CODE
Article 10: Transition Provisions
§10-104. Transition provision on change of requirement of filing
A security interest for the perfection of which filing or the taking of possession was required under the old code and which
attached prior to the effective date of public law, 1977, chapter 526, but was not perfected shall be deemed perfected on
the effective date of public law, 1977, chapter 526, if the new code permits perfection without filing or authorizes filing
in the office or offices where a prior ineffective filing was made.
[1977, c. 586 (new).]
Section History:
PL 1977,
Ch. 586,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 11 - §10-105. Transition provision on change of place of filing
Title 11: UNIFORM COMMERCIAL CODE
Article 10: Transition Provisions
§10-105. Transition provision on change of place of filing
(1) A financing statement or continuation statement filed prior to January 1, 1978, which shall not have lapsed prior to January
1, 1978, shall remain effective for the period provided in the old code, but not less that 5 years after the filing.
[1977, c. 586 (new).]
(2) With respect to any collateral acquired by the debtor subsequent to the effective date of public law 1977, chapter 526,
any effective financing statement or continuation statement described in this section shall apply only if the filing or filings
are in the office or offices that would be appropriate to perfect the security interests in the new collateral under the new
code.
[1977, c. 586 (new).]
(3) The effectiveness of any financing statement or continuation statement filed prior to January 1, 1978, may be continued
by a continuation statement as permitted by the new code, except that if the new code requires a filing in an office where
there was no previous financing statement, a new financing statement conforming to section 10-106 shall be filed in that office.
[1977, c. 586 (new).]
(4) If the record of a mortgage of real estate would have been effective as a fixture filing of goods described therein if the
new code had been in effect on the date of recording the mortgage, the mortgage shall be deemed effective as a fixture filing
as to those goods under section 9-402, subsection (6) of the new code on the effective date of public law, 1977, chapter 526.
[1977, c. 696, § 155 (amd).]
Section History:
PL 1977,
Ch. 586,
§
(NEW).
PL 1977,
Ch. 696,
§155
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 11 - §10-106. Required refilings
Title 11: UNIFORM COMMERCIAL CODE
Article 10: Transition Provisions
§10-106. Required refilings
(1) If a security interest is perfected or has priority when public law, 1977, chapter 526 takes effect as to all persons or
as to certain persons without any filing or recording and if the filing of a financing statement would be required for the
perfection or priority of the security interest against those persons under the new code, the perfection and priority rights
of the security interest continue until 3 years after the effective date of public law, 1977, chapter 526. The perfection
shall then lapse unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected
otherwise than by filing.
[1977, c. 586 (new).]
(2) If a security interest is perfected when public law, 1977, chapter 526 takes effect under a law other than the Uniform Commercial
Code which requires no further filing, refiling or recording to continue its perfection, perfection continues until and shall
lapse 3 years after public law, 1977, chapter 526 takes effect, unless a financing statement is filed as provided in subsection
(4) or unless the security interest is perfected otherwise than by filing, or unless under section 9-302, subsection (3) the
other law continues to govern filing.
[1977, c. 586 (new).]
(3) If a security interest is perfected by a filing, refiling or recording under a law repealed by public law, 1977, chapter
526 which required further filing, refiling or recording to continue its perfection, perfection continues and shall lapse
on the date provided by the law so repealed for the further filing, refiling or recording unless a financing statement is
filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
[1977, c. 586 (new).]
(4) A financing statement may be filed within 6 months before the perfection of a security interest would otherwise lapse. Any
such financing statement may be signed by either the debtor or the secured party. It shall identify the security agreement,
statement or notice, however denominated in any statute or other law repealed or modified by public law, 1977, chapter 526
or this Article, state the office where and the date when the last filing, refiling or recording, if any, was made with respect
thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement,
statement or notice, however denominated, in another filing office under the Uniform Commercial Code or under any statute
or law repealed or modified by public law, 1977, chapter 526 or this Article is still effective. Sections 9-103 and 9-401
determine the proper place to file such a financing statement. Except as specified in this subsection, the provisions of section
9-403, subsection (3) for continuation statements apply to such a financing statement.
[1977, c. 696, § 156 (amd).]
Section History:
PL 1977,
Ch. 586,
§
(NEW).
PL 1977,
Ch. 696,
§156
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 11 - §10-107. Transition provisions as to priorities
Title 11: UNIFORM COMMERCIAL CODE
Article 10: Transition Provisions
§10-107. Transition provisions as to priorities
Except as otherwise provided in this Article, the old code shall apply to any questions of priority if the positions of the
parties were fixed prior to the effective date of public law, 1977, chapter 526. In other cases, questions of priority shall
be determined by the new code.
[1977, c. 586 (new).]
Section History:
PL 1977,
Ch. 586,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 11 - §10-108. Presumption that rule of law continues unchanged
Title 11: UNIFORM COMMERCIAL CODE
Article 10: Transition Provisions
§10-108. Presumption that rule of law continues unchanged
Unless a change in law has clearly been made, the new code shall be deemed declaratory of the meaning of the old code.
[1977, c. 586 (new).]
Section History:
PL 1977,
Ch. 586,
§
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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