HI Rev Stat § 490:9-109 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-109 Scope.

  §490:9-109 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. [L 2000, c 241, pt of §1]