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HRS §490:9-109

What this law covers and what it does not cover

This section explains when the secured transactions law applies. It covers most deals where someone uses personal property as collateral for a loan or debt. It also lists many situations where the law does not apply, like most landlord liens, wage claims, insurance policies, and real estate interests.

borrowersbusinessescreditorsdebtors

The statute, as written — Scope

(a) Except as otherwise provided in subsections (c) and (d), this article applies to: (1) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract; (2) An agricultural lien; (3) A sale of accounts, chattel paper, payment intangibles, or promissory notes; (4) A consignment; (5) A security interest arising under section 490:2-401, 490:2-505, 490:2-711(3), or 490:2A-508(e), as provided in section 490:9-110; and (6) A security interest arising under section 490:4-210 or 490:5-118. (b) The application of this article to a security interest in a secured obligation is not affected by the fact that the obligation is itself secured by a transaction or interest to which this article does not apply. (c) This article does not apply to the extent that: (1) A statute, regulation, or treaty of the United States preempts this article; (2) Another statute of this State expressly governs the creation, perfection, priority, or enforcement of a security interest created by this State or a governmental unit of this State; (3) A statute of another state, a foreign country, or a governmental unit of another state or a foreign country, other than a statute generally applicable to security interests, expressly governs creation, perfection, priority, or enforcement of a security interest created by the state, country, or governmental unit; or (4) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under section 490:5-114. (d) This article does not apply to: (1) A landlord's lien, other than an agricultural lien; (2) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but section 490:9-333 applies with respect to priority of the lien; (3) An assignment of a claim for wages, salary, or other compensation of an employee; (4) A sale of accounts, chattel paper, payment intangibles, or promissory notes as part of a sale of the business out of which they arose; (5) An assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only; (6) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract; (7) An assignment of a single account, payment intangible, or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness; (8) A transfer of an interest in or an assignment of a claim under a policy of insurance, other than an assignment by or to a health-care provider of a health-care-insurance receivable and any subsequent assignment of the right to payment, but sections 490:9-315 and 490:9-322 apply with respect to proceeds and priorities in proceeds; (9) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral; (10) A right of recoupment or set-off, but: (A) Section 490:9-340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and (B) Section 490:9-404 applies with respect to defenses or claims of an account debtor; (11) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, except to the extent that provision is made for: (A) Liens on real property in sections 490:9-203 and 490:9-308; (B) Fixtures in section 490:9-334; (C) Fixture filings in sections 490:9-501, 490:9-502, 490:9-512, 490:9-516, and 490:9-519; and (D) Security agreements covering personal and real property in section 490:9-604; (12) An assignment of a claim arising in tort, other than a commercial tort claim, but sections 490:9-315 and 490:9-322 apply with respect to proceeds and priorities in proceeds; (13) An assignment of a deposit account in a consumer transaction, but sections 490:9-315 and 490:9-322 apply with respect to proceeds and priorities in proceeds; (14) A transfer by a governmental unit; (15) A claim or right to receive compensation for injuries or sickness as described in section 386-57 or Title 26 United States Code section 104(a)(1) or (2), as amended from time to time; or (16) A claim or right to receive benefits under a special needs trust as described in Title 42 United States Code section 1396p(d)(4), as amended from time to time.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§386-57 Legal status of workers' compensation payments

§490:2-401 When ownership of goods passes from seller to buyer

§490:4-210 Bank's rights in checks and related documents

§490:9-110 Security interests from buying or leasing goods

§490:9-203 When a security interest becomes valid and attached

§490:9-315 What happens to a lender's claim when collateral is sold or traded

§490:9-333 Priority of certain liens arising by operation of law

§490:9-334 Who gets paid first for fixtures and crops

§490:9-340 When a bank can use your account to pay a debt

§490:9-404 What rights a new owner of a debt gets

§490:9-501 Where to file a financing statement in Hawaii

§490:9-604 Enforcing a security interest in property that includes real estate or fixtures

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.