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Haw. Rev. Stat. § 490:9-310

When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply

Known as the Uniform Commercial Code

The act spans §§ 490–490 (641 sections).

Applied in 1 court decision — leading case Bowers & Merena Auctions, LLC v. Lull (In Re Lull) (2008)

Most recently applied in Bowers & Merena Auctions, LLC v. Lull (In Re Lull) (February 2008)

L 2000, c 241, pt of §1; am L 2004, c 163, §26; am L 2023, c 132, §46

(a) Except as otherwise provided in subsection (b) and section 490:9-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.

(b) The filing of a financing statement shall not be necessary to perfect a security interest:

(1) That is perfected under section 490:9-308(d), (e), (f), or (g);

(2) That is perfected under section 490:9-309 when it attaches;

(3) In property subject to a statute, regulation, or treaty described in section 490:9-311(a);

(4) In goods in possession of a bailee perfected under section 490:9-312(d)(1) or (2);

(5) In certificated securities, documents, goods, or instruments perfected without filing, control, or possession under section 490:9-312(e), (f), or (g);

(6) In collateral in the secured party's possession under section 490:9-313;

(7) In a certificated security perfected by delivery of the security certificate to the secured party under section 490:9-313;

(8) In controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter-of-credit rights perfected by control under section 490:9-314;

(9) In chattel paper perfected by possession and control under section 490:9-314.5;

(10) In proceeds perfected under section 490:9-315; or

(11) That is perfected under section 490:9-316.

(c) If a secured party assigns a perfected security interest or agricultural lien, a filing under this article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.