Haw. Rev. Stat. § 490:9-301

Current through the 2024 Legislative Session
Section 490:9-301 - Law governing perfection and priority of security interests

Except as otherwise provided in sections 490:9-303 through 490:9-306.6, the following rules shall determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:

(1) Except as otherwise provided in this section, while a debtor 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 collateral;
(2) While collateral 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 possessory security interest in that collateral;
(3) Except as otherwise provided in paragraph (4), while negotiable tangible documents, goods, instruments, or tangible money is located in a jurisdiction, the local law of that jurisdiction shall govern:
(A) Perfection of a security interest in the goods by filing a fixture filing;
(B) Perfection of a security interest in timber to be cut; and
(C) The effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral; and
(4) The local law of the jurisdiction in which the wellhead or minehead is located shall govern perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.

HRS § 490:9-301

Amended by L 2023, c 132,§ 43, eff. 6/29/2023.
L 2000, c 241 , pt of §1; am L 2004, c 163, §25 .