Maine Revised Statutes > Title 11 > Article 9-A > Part 3 – Perfection and Priority
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Terms Used In Maine Revised Statutes > Title 11 > Article 9-A > Part 3 - Perfection and Priority
- Accession: means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost. See Maine Revised Statutes Title 11 Sec. 9-1102
- Account: includes health-care-insurance receivables. See Maine Revised Statutes Title 11 Sec. 9-1102
- Administrator: means any person, other than a carrier, that administers a preferred provider arrangement. See Maine Revised Statutes Title 24-A Sec. 2671
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Agricultural lien: means an interest, other than a security interest, in farm products:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization As-extracted collateral: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Authority: means the Maine Health and Higher Educational Facilities Authority created and established as a public body corporate and politic of the State of Maine by section 2054 or any board, body, commission, department or officer succeeding to the principal functions thereof or to whom the powers conferred upon the authority by this chapter shall be given by law. See Maine Revised Statutes Title 22 Sec. 2053 Bank: includes savings banks, savings and loan associations, credit unions and trust companies. See Maine Revised Statutes Title 11 Sec. 9-1102 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Bureau: means the Bureau of Insurance. See Maine Revised Statutes Title 22 Sec. 2084 Carrier: means an insurance company licensed in accordance with this Title, a fraternal benefit society authorized pursuant to chapter 55 or a nonprofit hospital or medical service organization licensed pursuant to Title 24. See Maine Revised Statutes Title 24-A Sec. 2671 Cash proceeds: means proceeds that are money, checks, deposit accounts or the like. See Maine Revised Statutes Title 11 Sec. 9-1102 Certificate: includes riders, endorsements and enrollment forms, if attached. See Maine Revised Statutes Title 24-A Sec. 2692 Certificate of title: includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificate of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. See Maine Revised Statutes Title 11 Sec. 9-1102 Chattel paper: means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods or a lease of specific goods and license of software used in the goods. See Maine Revised Statutes Title 11 Sec. 9-1102 Collateral: includes :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Commodity account: means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer. See Maine Revised Statutes Title 11 Sec. 9-1102 Commodity contract: means a commodity futures contract, an option on a commodity futures contract, a commodity option or another contract if the contract or option is:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Commodity customer: means a person for which a commodity intermediary carries a commodity contract on its books. See Maine Revised Statutes Title 11 Sec. 9-1102 Commodity intermediary: means a person that:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Community health center: means an incorporated nonprofit health facility that provides comprehensive primary health care to citizens in a community. See Maine Revised Statutes Title 22 Sec. 2053 Community health or social service facility: means a community-based facility that provides medical or medically related diagnostic or therapeutic services, mental health services, services for persons with intellectual disabilities or autism, substance use disorder services or family counseling and domestic abuse intervention services and is licensed by the State. See Maine Revised Statutes Title 22 Sec. 2053 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Consignee: means a merchant to which goods are delivered in a consignment. See Maine Revised Statutes Title 11 Sec. 9-1102 Consignor: means a person that delivers goods to a consignee in a consignment. See Maine Revised Statutes Title 11 Sec. 9-1102 Consumer goods: means goods that are used or bought for use primarily for personal, family or household purposes. See Maine Revised Statutes Title 11 Sec. 9-1102 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Debtor: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Decedent: A deceased person. Dental plan: means insurance written to provide coverage for dental treatment. See Maine Revised Statutes Title 24-A Sec. 2692 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Dependent: A person dependent for support upon another. Deposit account: means a demand, time, savings, passbook or similar account maintained with a bank. See Maine Revised Statutes Title 11 Sec. 9-1102 Devise: To gift property by will. Direct response advertising: means a solicitation through a sponsoring or endorsing entity or individually through mail, telephone, the Internet or other mass communication media. See Maine Revised Statutes Title 24-A Sec. 2692 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Document: means a document of title or a receipt of the type described in section 7?1201, subsection (2). See Maine Revised Statutes Title 11 Sec. 9-1102 Electronic chattel paper: means chattel paper evidenced by a record or records consisting of information stored in an electronic medium. See Maine Revised Statutes Title 11 Sec. 9-1102 Eligible entity: means a facility or institution eligible to participate in financing or other borrowing services authorized by this chapter and includes a participating community health or social service facility, a participating health care facility, a participating institution for higher education or a participating institution providing an educational program. See Maine Revised Statutes Title 22 Sec. 2053 Encumbrance: includes mortgages and other liens on real property. See Maine Revised Statutes Title 11 Sec. 9-1102 Enrollee: means an individual entitled to reimbursement for expenses of health care services under a health plan. See Maine Revised Statutes Title 24-A Sec. 2671 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Facility: means any sole proprietorship, partnership, firm, corporation or other business that provides health services. See Maine Revised Statutes Title 22 Sec. 2084 Farm products: means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and that are:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Maine Revised Statutes Title 11 Sec. 9-1102 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fixture filing: includes the filing of a financing statement covering goods of a transmitting utility that are or are to become fixtures. See Maine Revised Statutes Title 11 Sec. 9-1102 Fixtures: means goods that have become so related to particular real property that an interest in them arises under real property law. See Maine Revised Statutes Title 11 Sec. 9-1102 Form: means a policy, contract, rider, endorsement or application as provided in section 2412. See Maine Revised Statutes Title 24-A Sec. 2692 General intangible: includes payment intangibles and software. See Maine Revised Statutes Title 11 Sec. 9-1102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Goods: includes :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve Group practice: means a group of 2 or more health care practitioners legally organized as a partnership, professional corporation, nonprofit corporation or similar association in which:
A. See Maine Revised Statutes Title 22 Sec. 2084Health care facility: means a nursing home that is, or will be upon completion, licensed under chapter 405; a residential care facility that is, or will be upon completion, licensed under chapter 1663; a continuing care retirement community that is, or will be upon completion, licensed under Title 24-A, chapter 73; an assisted living facility that is, or will be upon completion, licensed under chapter 1664; a hospital; a community mental health facility; a scene response air ambulance licensed under Title 32, chapter 2-B and the rules adopted thereunder; a facility of a hospice program that is, or will be upon completion, licensed under chapter 1681; a nonprofit statewide health information network incorporated in the State for the purpose of exchanging health care information among licensed health care providers in the State; or a community health center. See Maine Revised Statutes Title 22 Sec. 2053 Health care practitioner: means an individual regulated under the laws of this State to provide health services. See Maine Revised Statutes Title 22 Sec. 2084 Health care practitioners: include , without limitation, acupuncturists, chiropractors, dentists, dental hygienists, nurses, occupational therapists, optometrists, pharmacists, physical therapists, physicians including allopathic and osteopathic physicians, physician assistants, podiatrists, psychologists, clinical social workers, speech therapists and audiologists or hearing aid dealers and examiners. See Maine Revised Statutes Title 22 Sec. 2084 Health care services: means health care services or products rendered or sold by a provider within the scope of the provider's legal authorization. See Maine Revised Statutes Title 24-A Sec. 2671 health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704 Health plan: means a plan offered or administered by a carrier that provides for the financing or delivery of health care services to persons enrolled in the plan. See Maine Revised Statutes Title 24-A Sec. 2671 Health services: means diagnosis, treatment and rehabilitative services for an injured, disabled or sick person. See Maine Revised Statutes Title 22 Sec. 2084 Health-care-insurance receivable: means an interest in or claim under a policy of insurance that is a right to payment of a monetary obligation for health-care goods or services provided or to be provided. See Maine Revised Statutes Title 11 Sec. 9-1102 Hospital: means any private, nonprofit or charitable institution or organization which is either:
A. See Maine Revised Statutes Title 22 Sec. 2053Immediate family member: means a health care practitioner's parent, spouse, child or child's spouse. See Maine Revised Statutes Title 22 Sec. 2084 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Institution for higher education: means :
A. See Maine Revised Statutes Title 22 Sec. 2053Institution providing an educational program: means a nonprofit or charitable institution, public or private, that is exempt from federal taxation pursuant to the United States Internal Revenue Code of 1986, as amended, Section 501 and that provides a program of education for the purpose of enhancing the knowledge or abilities of its members or the general public. See Maine Revised Statutes Title 22 Sec. 2053 Instrument: means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease and is of a type that in the ordinary course of business is transferred by delivery with any necessary indorsement or assignment. See Maine Revised Statutes Title 11 Sec. 9-1102 insured: as used in this chapter , shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits and rights provided therein. See Maine Revised Statutes Title 24-A Sec. 2731 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Inventory: means goods, other than farm products, that:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Investment interest: means an equity or debt security issued by a facility, including, without limitation, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes or other equity interests or debt instruments, except that investment interest does not include interest in a hospital licensed under state law. See Maine Revised Statutes Title 22 Sec. 2084 Investment property: means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract or commodity account. See Maine Revised Statutes Title 11 Sec. 9-1102 Investor: means an individual who owns, whose immediate family owns or who directly or indirectly owns a controlling interest in another facility that owns an investment interest in a facility that provides health services. See Maine Revised Statutes Title 22 Sec. 2084 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Letter-of-credit right: means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. See Maine Revised Statutes Title 11 Sec. 9-1102 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Lien creditor: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Manufactured home: includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. See Maine Revised Statutes Title 11 Sec. 9-1102 Manufactured-home transaction: means a secured transaction:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgage: means a consensual interest in real property, including fixtures, that secures payment or performance of an obligation. See Maine Revised Statutes Title 11 Sec. 9-1102 New debtor: means a person that becomes bound as debtor under section 9?1203, subsection (4) by a security agreement previously entered into by another person. See Maine Revised Statutes Title 11 Sec. 9-1102 New value: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Office practice: includes the facility or facilities at which a health care practitioner, on a regular basis, provides or supervises the provision of professional health services to individuals. See Maine Revised Statutes Title 22 Sec. 2084 Oversight: Committee review of the activities of a Federal agency or program. Participating community health or social service facility: means a community health or social service facility that is exempt from taxation under section 501 of the United States Internal Revenue Code and that, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of existing indebtedness as provided in and committed by this chapter. See Maine Revised Statutes Title 22 Sec. 2053 Participating health care facility: means a health care or licensed assisted living facility that, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of existing indebtedness as provided in and permitted by this chapter. See Maine Revised Statutes Title 22 Sec. 2053 Participating institution for higher education: means an institution for higher education which, pursuant to this chapter, shall undertake the financing and construction or acquisition of a project or shall undertake the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter. See Maine Revised Statutes Title 22 Sec. 2053 Participating institution providing an educational program: means an institution providing an educational program that, pursuant to this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter. See Maine Revised Statutes Title 22 Sec. 2053 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Payment intangible: means a general intangible under which the account debtor's principal obligation is a monetary obligation. See Maine Revised Statutes Title 11 Sec. 9-1102 Personal property: All property that is not real property. Policy: means an entire contract between the insurer and the insured, including riders, endorsements and the application, if attached. See Maine Revised Statutes Title 24-A Sec. 2692 Preferred provider: means a provider who enters into a preferred provider arrangement with an administrator or carrier. See Maine Revised Statutes Title 24-A Sec. 2671 Preferred provider arrangement: means a contract, agreement or arrangement between a carrier or administrator and a provider in which the provider agrees to provide services to a health plan enrollee whose plan benefits include incentives for the enrollee to use the services of that provider. See Maine Revised Statutes Title 24-A Sec. 2671 Proceeds: means the following property:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Project: includes all real and personal property, lands, improvements, driveways, roads, approaches, pedestrian access roads, rights-of-way, utilities, easements and other interests in land, machinery and equipment, and all appurtenances and facilities either on, above or under the ground that are used or usable in connection with any of the structures mentioned in this paragraph, and also includes landscaping, site preparation, furniture, machinery, equipment and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies or other items that are customarily considered as a current operating charge; and [PL 2007, c. See Maine Revised Statutes Title 22 Sec. 2053 Promissory note: means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds. See Maine Revised Statutes Title 11 Sec. 9-1102 Provider: means an individual or entity duly licensed or otherwise legally authorized to provide health care services, including, but not limited to, the treatment of physical health and mental health and provision for medical supplies and pharmaceutical supplies. See Maine Revised Statutes Title 24-A Sec. 2671 Quorum: The number of legislators that must be present to do business. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Referral: means a referral of a patient for health services, including, without limitation:
A. See Maine Revised Statutes Title 22 Sec. 2084Refinancing of existing indebtedness: means liquidation, with the proceeds of bonds or notes issued by the authority, of an indebtedness of a health care facility, an institution for higher education or a participating institution providing an educational program incurred to finance or aid in financing a lawful purpose of that health care facility, institution for higher education or participating institution providing an educational program not financed pursuant to this chapter that would constitute a project had it been undertaken and financed by the authority, or consolidation of such indebtedness with indebtedness of the authority incurred for a project related to the purpose for which the indebtedness of the health care facility, institution for higher education or participating institution providing an educational program was incurred. See Maine Revised Statutes Title 22 Sec. 2053 Registered organization: means an organization formed or organized solely under the law of a single state or of the United States by the filing of a public organic record with, the issuance of a public organic record by or the enactment of legislation by the state or the United States. See Maine Revised Statutes Title 11 Sec. 9-1102 required debt service reserve: means , as of any date of computation, the amount or amounts required to be on deposit in the reserve fund as provided by resolution of the authority. See Maine Revised Statutes Title 22 Sec. 2075 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Secured party: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Security agreement: means an agreement that creates or provides for a security interest. See Maine Revised Statutes Title 11 Sec. 9-1102 Service of process: The service of writs or summonses to the appropriate party. Software: means a computer program and any supporting information provided in connection with a transaction relating to the program. See Maine Revised Statutes Title 11 Sec. 9-1102 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 11 Sec. 9-1102 Statute: A law passed by a legislature. Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 2671 Supporting obligation: means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument or investment property. See Maine Revised Statutes Title 11 Sec. 9-1102 Tangible chattel paper: means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium. See Maine Revised Statutes Title 11 Sec. 9-1102 Temporary nurse agency: means a business entity or subdivision thereof that provides nurses to another organization on a temporary basis within this State. See Maine Revised Statutes Title 22 Sec. 2136 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Vision care plan: means insurance written to provide coverage for eye care. See Maine Revised Statutes Title 24-A Sec. 2692 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72