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HRS §490:9-305

Which state's laws control security interests in investment property

This section says which state's laws decide if a security interest in investment property is valid and who gets paid first. For paper certificates, it is where the certificate is. For other types, it depends on the issuer, intermediary, or debtor's location. Some rules are set by agreement.

creditorsdebtorsfinancial institutions

The statute, as written — Law governing perfection and priority of security interests in investment property

(a) Except as otherwise provided in subsection (c), the following rules apply: (1) While a security certificate is located in a jurisdiction, the local law of that jurisdiction shall govern perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby; (2) The local law of the issuer's jurisdiction as specified in section 490:8-110(d) shall govern perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security; (3) The local law of the securities intermediary's jurisdiction as specified in section 490:8-110(e) shall govern perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account; (4) The local law of the commodity intermediary's jurisdiction shall govern perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account; and (5) Paragraphs (2), (3), and (4) shall apply regardless of whether the transaction bears any relation to the jurisdiction. (b) The following rules determine a commodity intermediary's jurisdiction for purposes of this part: (1) If an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary's jurisdiction for purposes of this part, this article, or this chapter, that jurisdiction is the commodity intermediary's jurisdiction. (2) If paragraph (1) does not apply and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary's jurisdiction. (3) If neither paragraph (1) nor paragraph (2) applies and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediary's jurisdiction. (4) If none of the preceding paragraphs applies, the commodity intermediary's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customer's account is located. (5) If none of the preceding paragraphs applies, the commodity intermediary's jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located. (c) The local law of the jurisdiction in which the debtor is located governs: (1) Perfection of a security interest in investment property by filing; (2) Automatic perfection of a security interest in investment property created by a broker or securities intermediary; and (3) Automatic perfection of a security interest in a commodity contract or commodity account created by a commodity intermediary.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§490:8-110 Which state's law applies to securities and accounts

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