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HRS §490:9-312

Perfecting a security interest in certain property

This section explains how a lender can make its claim to certain property official, usually by filing paperwork or taking control. It also allows temporary protection for 20 days in some situations. The rules depend on the type of property involved.

creditorsdebtorslandlordstenants

The statute, as written — Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, documents, goods covered by documents, in

struments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without filing or transfer of possession. (a) A security interest in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, instruments, investment property, or negotiable documents may be perfected by filing. (b) Except as otherwise provided in section 490:9-315(c) and (d) for proceeds: (1) A security interest in a deposit account may be perfected only by control under section 490:9-314; (2) And except as otherwise provided in section 490:9-308(d), a security interest in a letter-of-credit right may be perfected only by control under section 490:9-314; (3) A security interest in tangible money may be perfected only by the secured party's taking possession under section 490:9-313; and (4) A security interest in electronic money may be perfected only by control under section 490:9-314. (c) While goods are in the possession of a bailee that has issued a negotiable document covering the goods: (1) A security interest in the goods may be perfected by perfecting a security interest in the document; and (2) A security interest perfected in the document has priority over any security interest that becomes perfected in the goods by another method during that time. (d) While goods are in the possession of a bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods may be perfected by: (1) Issuance of a document in the name of the secured party; (2) The bailee's receipt of notification of the secured party's interest; or (3) Filing as to the goods. (e) A security interest in certificated securities, negotiable documents, or instruments shall be deemed to be perfected without filing or the taking of possession or control for a period of twenty days from the time it attaches to the extent that it arises for new value given under a signed security agreement. (f) A perfected security interest in a negotiable document or goods in possession of a bailee, other than one that has issued a negotiable document for the goods, remains perfected for twenty days without filing if the secured party makes available to the debtor the goods or documents representing the goods for the purpose of: (1) Ultimate sale or exchange; or (2) Loading, unloading, storing, shipping, transshipping, manufacturing, processing, or otherwise dealing with them in a manner preliminary to their sale or exchange. (g) A perfected security interest in a certificated security or instrument remains perfected for twenty days without filing if the secured party delivers the security certificate or instrument to the debtor for the purpose of: (1) Ultimate sale or exchange; or (2) Presentation, collection, enforcement, renewal, or registration of transfer. (h) After the twenty-day period specified in subsection (e), (f), or (g) expires, perfection depends upon compliance with this article.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§490:9-308 When a security interest or agricultural lien is perfected and stays perfected

§490:9-313 How a lender can perfect a security interest by holding collateral

§490:9-314 How to perfect a security interest by control

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

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