reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:9-802 Savings clause.

§490:9-802 Savings clause.
(a) Except as otherwise provided in this part, this part applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2013.
(b) This part does not affect an action, case, or proceeding commenced before July 1, 2013. [L 2012, c 33, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:9-803 Security interest perfected prior to July 1, 2013.

§490:9-803
Security interest perfected prior to July 1, 2013.
(a) A security interest that is a perfected security interest prior to July 1, 2013, shall be a perfected security interest under this article if, on or before July 1, 2013, the applicable requirements for attachment and perfection under this article are satisfied without further action.
(b) Except as otherwise provided in section 490:9-805, if, prior to July 1, 2013, a security interest is a perfected security interest, but the applicable requirements for perfection under this article are not satisfied by July 1, 2013, the security interest shall remain perfected thereafter only if the applicable requirements for perfection under this article are satisfied on or before July 1, 2014. [L 2012, c 33, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:9-804 Security interest unperfected before July 1, 2013.

§490:9-804 Security interest unperfected before July 1, 2013.
A security interest that is an unperfected security interest prior to July 1, 2013, shall be a perfected security interest:
(1) Without further action, if, on or before July 1, 2013, the applicable requirements for perfection under this article are satisfied; or
(2) Upon satisfaction of the applicable requirements for perfection. [L 2012, c 33, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:9-805 Effectiveness of action taken before July 1, 2013.

§490:9-805
Effectiveness of action taken before July 1, 2013.
(a) If a financing statement is filed prior to July 1, 2013, to perfect a security interest, that filing shall be effective to the extent that it satisfies the applicable requirements for perfection under this article.
(b) A financing statement that was filed prior to July 1, 2013, shall be effective if it satisfies the applicable requirements for perfection under the then-existing state law; provided that except as provided in subsections (c) and (d) and section 490:9-806, the financing statement shall cease to be effective:
(1) If the financing statement was filed in this State, at the time the financing statement would have ceased to be effective under the then-existing state law; or
(2) If the financing statement was filed in another jurisdiction, at the earlier of:
(A) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or
(B) June 30, 2018.
(c) The filing of a continuation statement on or after July 1, 2013, shall not continue the effectiveness of a financing statement filed prior to July 1, 2013; provided that upon the timely filing of a continuation statement on or after July 1, 2013, in accordance with the law of the jurisdiction governing perfection as provided in this article, the effectiveness of a financing statement filed in the same office in that jurisdiction prior to July 1, 2013, shall continue for the period provided by the law of that jurisdiction.
(d) Subsection (b)(2)(B) shall apply to a financing statement that is filed prior to July 1, 2013, against a transmitting utility and that satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this article as it existed prior to July 1, 2013, only to the extent that this article provides that the law of a jurisdiction other than the jurisdiction in which the financing statement was filed governs perfection of a security interest in collateral covered by the financing statement.
(e) A financing statement that includes a financing statement filed prior to July 1, 2013, and a continuation statement filed on or after July 1, 2013, shall be effective only to the extent that it satisfies the requirements of section 490:9-806. A financing statement that indicates that the debtor is a decedent's estate indicates that the collateral is being administered by a personal representative within the meaning of section 490:9-503(a)(2). A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of section 490:9-503(a)(3). [L 2012, c 33, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:9-806 When initial financing statement suffices to continue effectiveness of financing statement.

§490:9-806 When initial financing statement suffices to continue effectiveness of financing statement.
(a) The filing of an initial financing statement in the office specified in section 490:9-501 continues the effectiveness of a financing statement filed prior to July 1, 2013, if:
(1) The filing of an initial financing statement in that office would be effective to perfect a security interest under this article;
(2) The pre-effective-date financing statement was filed in an office in another state; and
(3) The initial financing statement satisfies subsection (c).
(b) The filing of an initial financing statement under subsection (a) continues the effectiveness of the pre-effective-date financing statement:
(1) If the initial financing statement is filed prior to July 1, 2013, for the period provided in section 490:9-515 with respect to an initial financing statement; and
(2) If the initial financing statement is filed on or after July 1, 2013, for the period provided in section 490:9-515 for an initial financing statement.
(c) To be effective for purposes of subsection (a), an initial financing statement shall:
(1) Satisfy the requirements of part 5 for an initial financing statement;
(2) Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
(3) Indicate that the pre-effective-date financing statement remains effective. [L 2012, c 33, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:9-807 Amendment of pre-effective-date financing statement.

§490:9-807 Amendment of pre-effective-date financing statement.
(a) For purposes of this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2013.
(b) On or after July 1, 2013, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in this article; provided that the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Except as otherwise provided in subsection (d), if the law of this State governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended on or after July 1, 2013, only if:
(1) The pre-effective-date financing statement and an amendment are filed in the office specified in section 490:9-501;
(2) An amendment is filed in the office specified in section 490:9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies section 490:9-806(c); or
(3) An initial financing statement that provides the information as amended and satisfies section 490:9-806(c) is filed in the office specified in section 490:9-501.
(d) If the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under section 490:9-805(c) and (e) or 490:9-806.
(e) Whether or not the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this State may be terminated after July 1, 2013, by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies section 490:9-806(c) has been filed in the office governing perfection as provided in this article as the office in which to file a financing statement. [L 2012, c 33, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:9-808 Person entitled to file initial financing statement or continuation statement.

§490:9-808 Person entitled to file initial financing statement or continuation statement.
A person may file an initial financing statement or a continuation statement under this part if:
(1) The secured party of record authorizes the filing; and
(2) The filing is necessary under this part:
(A) To continue the effectiveness of a financing statement filed before this part takes effect; or
(B) To perfect or continue the perfection of a security interest. [L 2012, c 33, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:9-809 Priority.

§490:9-809 Priority.
This article determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, this article as it existed before July 1, 2013, shall determine priority. [L 2012, c 33, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:10-101 Effective date.

§490:10-101 Effective date.
This chapter shall take effect on January 1, 1967. It applies to transactions entered into and events occurring on or after that date. [L 1965, c 208, §10-101; HRS §490:10-101]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:10-103 General repealer.

§
490:10-103 General repealer.
Except as provided in the following section, all acts and parts of acts inconsistent with this chapter are hereby repealed. [L 1965, c 208, §10-103; HRS §490:10-103]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:10-103.1 Inconsistent laws. If any other provision of law is inconsistent with this chapter, this chapter shall govern unless this chapter or such inconsistent provision of law specifically provides otherwise. [L 1965, c 208, §10-103.1; HRS §490:10-103.1] Case Notes Mentioned: 74 H. 1, 837 P.2d 1273.

§
490:10-103.1 Inconsistent laws.
If any other provision of law is inconsistent with this chapter, this chapter shall govern unless this chapter or such inconsistent provision of law specifically provides otherwise. [L 1965, c 208, §10-103.1; HRS §490:10-103.1]
Case Notes
Mentioned: 74 H. 1, 837 P.2d 1273.
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:10-104 Laws not repealed.

§
490:10-104 Laws not repealed.
The article on documents of title (article 7) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees' businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (section 490:1-201). [L 1965, c 208, §10-104; HRS §490:10-104; am L 1997, c 33, §17]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:11-101 Effective date.

Revision Note
"1978 Amendatory Act" was added for clarification purposes.
§490:11-101 Effective date.
This Act shall become effective at 12:01 A.M. on July 1, 1979. [L 1978, c 155, pt of §1(34)]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:11-102 Preservation of old transition provision.

§
490:11-102 Preservation of old transition provision.
The provisions of chapter 490, effective on January 1, 1967, herein referred to as "old U.C.C." shall continue to apply to the amendments herein provided herein referred to as "new U.C.C." and for this purpose the old U.C.C. and new U.C.C. shall be considered one continuous statute. [L 1978, c 155, pt of §1(34)]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:11-103 Transition to new U.

§
490:11-103 Transition to new U.C.C.--General Rule.
Transactions validly entered into after January 1, 1967 and before July 1, 1979, and which were subject to the provisions of old U.C.C. and which would be subject to this Act as amended if they had been entered into after the effective date of July 1, 1979 and the rights, duties and interests flowing from such transactions remain valid after the latter date and may be terminated, completed, consummated or enforced as required or permitted by the new U.C.C. Security interests arising out of such transactions which are perfected when the new U.C.C. becomes effective shall remain perfected until they lapse as provided in the new U.C.C., and may be continued as permitted by new U.C.C., except as stated in section 490:11-105. [L 1978, c 155, pt of §1(34)]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:11-104 Transition provision on change of requirement of filing.

§
490:11-104 Transition provision on change of requirement of filing.
A security interest for the perfection of which filing or the taking of possession as required under old U.C.C. and which attached prior to the effective date of July 1, 1979 but was not perfected shall be deemed perfected on the effective date of the new U.C.C. if the new U.C.C. permits perfection without filing or authorized filing in the office or offices where a prior effective filing was made. [L 1978, c 155, pt of §1(34)]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:11-105 Transition provision on change of place of filing.

§
490:11-105 Transition provision on change of place of filing.
(1) A financing statement or continuation statement filed prior to July 1, 1979 which shall not have lapsed prior to July 1, 1979 shall remain effective for the period provided in the old U.C.C., but not less than five years after the filing.
(2) With respect to any collateral acquired by the debtor subsequent to the effective date of July 1, 1979, any effective financing statement or continuation statement described in this section shall apply only if the filing or filings are in the office or offices that would be appropriate to perfect the security interests in the new collateral under the new U.C.C.
(3) The effectiveness of any financing statement or continuation statement filed prior to July 1, 1979 may be continued by a continuation statement as permitted by the new U.C.C., except that if the new U.C.C. requires a filing in an office where there was no previous financing statement, a new financing statement conforming to section 490:11-106 shall be filed in that office.
(4) If the record of a mortgage of real estate would have been effective as a fixture filing of goods described therein if the new U.C.C. had been in effect on the date of recording the mortgage, the mortgage shall be deemed effective as a fixture filing as to such goods under section 490:9-408 of the new U.C.C. on the effective date of July 1, 1979. [L 1978, c 155, pt of §1(34); am L 1980, c 232, §25]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:11-106 Required refilings.

§490:11-106 Required refilings.
(1) If a security interest is perfected or has priority when this Act takes effect as to all persons or as to certain persons without any filing or recording, and if the filing of a financing statement would be required for the perfection or priority of the security interest against those persons under the new U.C.C., the perfection and priority rights of the security interest continue until three years after the effective date of the new U.C.C. The perfection will then lapse unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(2) If a security interest is perfected when the new U.C.C. takes effect, under a law other than the U.C.C. which requires no further filing, refiling, or recording to continue its perfection, perfection continues until and will lapse three years after the new U.C.C. takes effect, unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing, or unless under section 490:9-311, the other law continues to govern filing.
(3) If a security interest is perfected by a filing, refiling or recording under a law repealed by this Act which required further filing, refiling or recording to continue its perfection, perfection continues and will lapse on the date provided by the law so repealed for such further filing, refiling or recording unless a financing statement is filed as provided in subsection (4) or unless the security interest is perfected otherwise than by filing.
(4) A financing statement may be filed within six months before the perfection of a security interest would otherwise lapse. Any such financing statement may be signed by either the debtor or the secured party. It must identify the security agreement, statement, or notice (however denominated in any statute or other law repealed or modified by this Act), state the office where and the date when the last filing, refiling, or recording, if any, was made with respect thereto, and the filing number, if any, or book and page, if any, of recording and further state that the security agreement, statement, or notice, however denominated, in another filing office under the U.C.C. or under any statute or other law repealed or modified by this Act is still effective. Section 490:9-501 determines the proper place to file the financing statement. Except as specified in this subsection, section 490:9-515 applies to the financing statement. [L 1978, c 155, pt of §1(34); am L 1979, c 169, §1; am L 2000, c 241, §29]
Cross References
Recordation, see §502-31.5.
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:11-107 Transition provisions as to priorities.

§
490:11-107 Transition provisions as to priorities.
Except as otherwise provided in Article 11, old U.C.C. shall apply to any question of priority if the positions of the parties were fixed prior to the effective date of July 1, 1979. In other cases questions of priority shall be determined by the new U.C.C. [L 1978, c 155, pt of §1(34)]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:11-108 Presumption that rule of law continues unchanged.

§
490:11-108 Presumption that rule of law continues unchanged.
Unless a change in law has clearly been made, the provisions of the new U.C.C. shall be deemed declaratory of the meaning of the old U.C.C. [L 1978, c 155, pt of §1(34)]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:12-102 Definitions.

§490:12-102 Definitions.
(a) In this article:
"Controllable electronic record" means a record stored in an electronic medium that may be subjected to control under section 490:12-105. "Controllable electronic record" does not include a controllable account, a controllable payment intangible, a deposit account, an electronic copy of a record evidencing chattel paper, an electronic document of title, electronic money, investment property, or a transferable record.
"Qualifying purchaser" means a purchaser of a controllable electronic record or an interest in a controllable electronic record that obtains control of the controllable electronic record for value, in good faith, and without notice of a claim of a property right in the controllable electronic record.
"Transferable record" has the same meaning as in:
(1) Section 201(a)(1) of the Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7021(a)(1), as amended; or
(2) Section 489E-16(a).
"Value" has the same meaning as in section 490:3-303(a), as if references in that section to an "instrument" were references to a controllable account, controllable electronic record, or controllable payment intangible.
(b) The following definitions in other articles of this chapter shall apply to this article:
"Account debtor". Section 490:9-102.
"Chattel paper". Section 490:9-102.
"Controllable account". Section 490:9-102.
"Controllable payment intangible". Section 490:9-102.
"Deposit account". Section 490:9-102.
"Electronic money". Section 490:9-102.
"Investment property". Section 490:9-102.
(c) Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article. [L 2023, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:12-103 Relation to article 9 and consumer laws.

§490:12-103 Relation to article 9 and consumer laws.
(a) If there is conflict between this article and article 9, article 9 shall govern.
(b) A transaction subject to this article shall be subject to any applicable rule of law that establishes a different rule for consumers, including any other statute or rule that regulates the rates, charges, agreements, and practices for loans, credit sales, or other extensions of credit and any consumer protection statutes or rules. [L 2023, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:12-104 Rights in controllable account, controllable electronic record, and controllable payment intangible.

§490:12-104 Rights in controllable account, controllable electronic record, and controllable payment intangible.
(a) This section shall apply to the acquisition and purchase of rights in a controllable account or controllable payment intangible, including the rights and benefits under subsections (c), (d), (e), (g), and (h) of a purchaser and qualifying purchaser, in the same manner this section applies to a controllable electronic record.
(b) To determine whether a purchaser of a controllable account or a controllable payment intangible is a qualifying purchaser, the purchaser shall be deemed to obtain control of the account or payment intangible if it obtains control of the controllable electronic record that evidences the account or payment intangible.
(c) Except as provided in this section, laws other than this article shall determine whether a person acquires a right in a controllable electronic record and the right the person acquires.
(d) A purchaser of a controllable electronic record shall be deemed to acquire all rights in the controllable electronic record that the transferor had or had power to transfer, except that a purchaser of a limited interest in a controllable electronic record shall be deemed to acquire rights only to the extent of the interest purchased.
(e) A qualifying purchaser shall be deemed to acquire its rights in the controllable electronic record free of a claim of a property right in the controllable electronic record.
(f) Except as provided in subsections (a) and (e) for a controllable account and a controllable payment intangible or law other than this article, a qualifying purchaser shall take a right to payment, right to performance, or other interest in property evidenced by the controllable electronic record subject to a claim of a property right in the right to payment, right to performance, or other interest in property.
(g) An action shall not be asserted against a qualifying purchaser based on both a purchase by the qualifying purchaser of a controllable electronic record and a claim of a property right in another controllable electronic record, whether the action is framed in conversion, replevin, constructive trust, equitable lien, or other theory.
(h) Filing of a financing statement under article 9 shall not be deemed to be a notice of a claim of a property right in a controllable electronic record. [L 2023, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:13-102 Definitions.

§490:13-102 Definitions.
(a) In this article:
"Adjustment date" means July 1, 2025, or the date that is one year after June 29, 2023, whichever is later.
"Article 12 property" means a controllable account, controllable electronic record, or controllable payment intangible.
(b) The following definitions in other articles of this chapter shall apply to this article:
"Controllable account". Section 490:9-102.
"Controllable electronic record". Section 490:12-102.
"Controllable payment intangible". Section 490:9-102.
"Electronic money". Section 490:9-102.
"Financing statement". Section 490:9-102.
(c) Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article. [L 2023, c 132, pt of §1]
Revision Note
"June 29, 2023" substituted for "the effective date of this Act" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:13-201 Savings clause.

§490:13-201 Savings clause.
Except as provided in part 3, a transaction validly entered into before the effective date of this article and the rights, duties, and interests flowing from the transaction shall remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by law other than this chapter or, if applicable, this chapter, as though this article had not taken effect. [L 2023, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:13-301 Savings clause.

§490:13-301 Savings clause.
(a) Except as provided in this part, article 9 as amended by Act 132, Session Laws of Hawaii 2023, and article 12 shall apply to a transaction, lien, or other interest in property, regardless of whether the transaction, lien, or interest was entered into, created, or acquired before the effective date of this article.
(b) Except as provided in subsection (c) and sections 490:13-302 through 490:13-306:
(1) A transaction, lien, or interest in property that was validly entered into, created, or transferred before the effective date of this article and was not governed by this chapter, but would be subject to article 9, as amended by Act 132, Session Laws of Hawaii 2023, or article 12 if it had been entered into, created, or transferred on or after the effective date of this article, including the rights, duties, and interests flowing from the transaction, lien, or interest, shall remain valid on and after the effective date of this article; and
(2) The transaction, lien, or interest may be terminated, completed, consummated, and enforced as required or permitted by this article or by the law that would apply if this article had not taken effect.
(c) This article shall not affect an action, case, or proceeding commenced before the effective date of this article. [L 2023, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:13-302 Security interest perfected before the effective date.

§490:13-302 Security interest perfected before the effective date.
(a) A security interest that is enforceable and perfected immediately before the effective date of this article shall be a perfected security interest under this article if, on the effective date of this article, the requirements for enforceability and perfection under this article are satisfied without further action.
(b) If a security interest is enforceable and perfected immediately before the effective date of this article, but the requirements for enforceability or perfection under this article are not satisfied on the effective date of this article, the security interest shall:
(1) Be deemed a perfected security interest until the earlier of the time perfection would have ceased under the law in effect immediately before the effective date of this article or the adjustment date;
(2) Remain enforceable thereafter only if the security interest satisfies the requirements for enforceability under section 490:9-203, as amended by Act 132, Session Laws of Hawaii 2023, before the adjustment date; and
(3) Remain perfected thereafter only if the requirements for perfection under this article are satisfied before the time specified in paragraph (1). [L 2023, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:13-303 Security interest unperfected before the effective date.

§490:13-303 Security interest unperfected before the effective date.
A security interest that is enforceable immediately before the effective date of this article but is unperfected at that time shall:
(1) Remain an enforceable security interest until the adjustment date;
(2) Remain enforceable thereafter if the security interest becomes enforceable under section 490:9-203, as amended by Act 132, Session Laws of Hawaii 2023, on the effective date of this article or before the adjustment date; and
(3) Become perfected:
(A) Without further action, on the effective date of this article if the requirements for perfection under this article are satisfied before or at that time; or
(B) When the requirements for perfection are satisfied if the requirements are satisfied after that time. [L 2023, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:13-304 Effectiveness of actions taken before the effective date.

§490:13-304 Effectiveness of actions taken before the effective date.
(a) If action, other than the filing of a financing statement, is taken before the effective date of this article and the action would have resulted in perfection of the security interest had the security interest become enforceable before the effective date of this article, the action shall be effective to perfect a security interest that attaches under this article before the adjustment date. An attached security interest shall become unperfected on the adjustment date unless the security interest becomes a perfected security interest under this article before the adjustment date.
(b) The filing of a financing statement before the effective date of this article shall be effective to perfect a security interest on the effective date of this article to the extent that the filing would satisfy the requirements for perfection under this article.
(c) The taking of an action before the effective date of this article shall be sufficient for the enforceability of a security interest on the effective date of this article if the action would satisfy the requirements for enforceability under this article. [L 2023, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:13-305 Priority.

§490:13-305 Priority.
(a) Subject to subsections (b) and (c), this article shall determine the priority of conflicting claims to collateral.
(b) Subject to subsection (c), if the priorities of claims to collateral were established before the effective date of this article, article 9, as in effect before the effective date of this article, shall determine priority.
(c) On the adjustment date, to the extent the priorities determined by article 9, as amended by Act 132, Session Laws of Hawaii 2023, modify the priorities established before the effective date of this article, the priorities of claims to article 12 property and electronic money established before the effective date of this article shall cease to apply. [L 2023, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:13-306 Priority of claims when priority rules of article 9 do not apply.

§490:13-306 Priority of claims when priority rules of article 9 do not apply.
(a) Subject to subsections (b) and (c), article 12 shall determine the priority of conflicting claims to article 12 property when the priority rules of article 9, as amended by Act 132, Session Laws of Hawaii 2023, do not apply.
(b) Subject to subsection (c), when the priority rules of article 9, as amended by Act 132, Session Laws of Hawaii 2023, do not apply and the priorities of claims to article 12 property were established before the effective date of this article, law other than article 12 shall determine priority.
(c) When the priority rules of article 9, as amended by Act 132, Session Laws of Hawaii 2023, do not apply, to the extent the priorities determined by this article modify the priorities established before the effective date of this article, the priorities of claims to article 12 property established before the effective date of this article shall cease to apply on the adjustment date. [L 2023, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 27. Uniform Commercial Code › 490. Uniform Commercial Code › 490:13-401 Effective date.

§490:13-401 Effective date.
This article shall take effect on June 29, 2023. [L 2023, c 132, pt of §1]
Revision Note
"June 29, 2023" substituted for "the effective date of this Act" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-2 Judges; assignment of cases.

§501-2 Judges; assignment of cases.
The administrative judge of the circuit court of the first circuit, subject to the direction of the chief justice as provided by section 601-2(b)(2)(B), shall assign all land court matters to such judge or judges of the circuit court of the first circuit as shall be deemed appropriate. [L 1903, c 56, §3; am L 1909, c 11, §1; am L 1913, c 21, §1; RL 1925, §3192; RL 1935, §5001; RL 1945, §12601; RL 1955, §342-2; HRS §501-2; am L 1984, c 102, §1]
Case Notes
Land court is tribunal separate and distinct from circuit court. 20 H. 699, 701 (1911); 34 H. 10, 11 (1936).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-3 Sessions.

§501-3 Sessions.
The judge shall so arrange the sessions as to insure a prompt discharge of the business of the court. [L 1903, c 56, §4; RL 1925, §3193; RL 1935, §5002; RL 1945, §12602; RL 1955, §342-3; HRS §501-3]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-4 Process.

§501-4 Process.
Citations, orders of notice, and all other process issuing from the court shall bear teste of the judge, and be under the seal of the court and signed by the registrar. [L 1903, c 56, §5; am imp L 1913, c 21, §1; RL 1925, §3194; RL 1935, §5003; RL 1945, §12603; RL 1955, §342-4; HRS §501-4]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-6 Registrar and assistants; appointment, tenure, powers, and duties.

§501-6 Registrar and assistants; appointment, tenure, powers, and duties.
The judge of the court shall appoint a registrar and such assistants as may be allowed by law. The registrar or an assistant shall attend the sessions of the court and keep a docket of all causes, and shall affix the seal of the court to all processes or papers proceeding therefrom, and requiring a seal. [L 1903, c 56, §7; am L 1909, c 11, §3; am L 1913, c 21, §1; RL 1925, §3196; am L 1927, c 258, §1; RL 1935, §5005; RL 1945, §12605; RL 1955, §342-6; HRS §501-6; am L 2006, c 38, §10]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-7 Registrar; powers, duties.

§501-7 Registrar; powers, duties.
The registrar shall be under the direction of the court, and shall have the custody and control of all papers and documents filed with the registrar under this chapter, and shall carefully number and index the same. The papers and documents shall be kept in Honolulu in an office to be called the land registration office, which shall be near the land court. The registrar may, with the sanction of the court, employ such clerks and messengers as are necessary. [L 1903, c 56, §8; am L 1913, c 21, §1; RL 1925, §3197; RL 1935, §5006; RL 1945, §12606; RL 1955, §342-7; HRS §501-7; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-8 Registrar may act in any circuit.

§501-8 Registrar may act in any circuit.
The registrar may act in any judicial circuit. After lands have been registered under this chapter, the registrar may make all memoranda affecting the title, and enter and issue certificates of title as provided herein. [L 1903, c 56, §9; RL 1925, §3198; RL 1935, §5007; RL 1945, §12607; RL 1955, §342-8; HRS §501-8; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-9 Assistant registrars; powers.

§501-9 Assistant registrars; powers.
The registrar of conveyances in the bureau of conveyances designated in section 502-1 and the registrar of conveyances' deputy are assistant registrars to carry out the duties of recording and registration required under this chapter. Assistant registrars have the same authority as the registrar to make all memoranda affecting the title of land, to enter and issue new certificates of title as provided herein and to affix the seal of the court to the certificates of titles. In executing this chapter, the assistant registrars shall be subject to the general direction of the registrar in order to secure uniformity throughout the State. In case of the death or disability of the registrar, the assistant registrars in Honolulu shall perform the duties of the registrar until the vacancy is filled or the disability removed. [L 1903, c 56, §10; RL 1925, §3199; RL 1935, §5008; RL 1945, §12608; RL 1955, §342-9; HRS §501-9; gen ch 1985; am L 1988, c 346, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-10 Registrar and assistants; oath, accounts, absence.

§501-10 Registrar and assistants; oath, accounts, absence.
The registrar and all assistant registrars shall be sworn before the judge, and a record thereof shall be made. They may administer oaths in all cases in which an oath is required, to persons appearing before them in matters pertaining to the registration of land. They shall keep accurate accounts of all moneys received as fees or otherwise, which shall be subject to examination by the clerk of the supreme court, in the same manner as accounts of deputy clerks. They shall pay over such moneys monthly to the director of finance. [L 1903, c 56, §11; am imp L 1913, c 21, §1; RL 1925, §3200; RL 1935, §5009; RL 1945, §12609; RL 1955, §342-10; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §501-10]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-11 Examiners of title; appointment, removal.

§501-11 Examiners of title; appointment, removal.
The judge may appoint one or more examiners of title in the first judicial circuit, or when necessary in any other judicial circuit, who shall be persons of good moral character, and shall have been declared by the supreme court to be qualified for the office after examination. They shall be subject to removal by the supreme court. [L 1903, c 56, §12; am imp L 1913, c 21, §1; RL 1925, §3201; RL 1935, §5010; RL 1945, §12610; RL 1955, §342-11; HRS §501-11; am L 1972, c 91, §1(c)]
Rules of Court
Examiners, see RLC rule 10.
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-12 Salaries and expenses.

§501-12 Salaries and expenses.
The judge of the court, the registrar, and the authorized clerks and assistants shall receive such salaries as are appropriated by the legislature. In the absence of such provision all salaries of officers or employees or fees of examiners of title shall be paid out of the appropriation for expenses of the court, according to a schedule fixed by the governor. [L 1903, c 56, §13; am L 1904, c 7, §1; am L 1913, c 21, §1; RL 1925, §3202; am L 1927, c 258, §2; RL 1935, §5011; RL 1945, §12611; RL 1955, §342-12; HRS §501-12]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-13 Validity of facsimile signature.

§501-13 Validity of facsimile signature.
A facsimile of the signature of the registrar, imprinted by the registrar or by such office assistant as the registrar in writing may designate, on any paper which the registrar is required by law to certify as a true copy, except a copy of a decree for transcription in a registry of deeds, and such facsimile imprinted by the registrar upon any writ, summons, order of notice or order of attachment, except executions, shall have the same validity as the registrar's written signature. This authorization shall apply to assistant registrars under section 501-9. [L 1975, c 140, §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-21 Registration application; by whom made.

§501-21 Registration application; by whom made.
Application for registration of title may be made by:
(1) The persons who claim, singly or collectively, to own the legal estate or easements or rights in land held and possessed in fee simple, either as a whole or as owner or owners of an undivided part;
(2) The persons who claim, singly or collectively, to have the power of appointing or disposing of the legal estate or easements or rights in land held and possessed in fee simple, either as a whole or as owners of an undivided part;
(3) Infants and other persons under disability, by their legally appointed guardians;
(4) A corporation by its proper officer or by an agent duly authorized by the board of directors;
(5) An unincorporated nonprofit association by a person authorized in a statement of authority recorded in the office of the assistant registrar of the land court or with the registrar of conveyances in the bureau of conveyances;
(6) Any personal representative duly appointed by the proper probate court, and duly authorized so to do by an order of court. For the purpose of registering title, such representative shall be a trustee of any title registered for the heirs of the estate, and be subject to the decree of distribution of the court of probate; and
(7) Any political subdivision of the State by its mayor, after resolution duly passed by its council so directing; the State, by the board of land and natural resources; or the government of the United States by any proper officer thereof thereunto duly authorized.
The basis for determining the fees payable in the registration of the easements and rights above stated shall, instead of the assessed valuation, be the value of the same as found by the land court and instead of the fee for examination of title chargeable under section 501-218, the fee shall be the actual amount allowed by the court to the examiner therefor.
The provisions relative to the registration and conveyance of registered land shall apply to the registration and conveyance of easements and rights. [L 1903, c 56, §19; am L 1907, c 43, §2; am L 1913, c 126, §1; am L 1921, c 208, §2; RL 1925, §3208; RL 1935, §5012; RL 1945, §12612; am L 1953, c 126, §1; RL 1955, §342-13; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §501-21; am L 1972, c 91, §1(d); am L 1976, c 200, pt of §1; am L 2000, c 178, §2]
Law Journals and Reviews
For comparison of procedures under this chapter and quiet title statute, see Adverse Possession Against Unknown Claimants Under Land Court and Quiet Title Procedures. II HBJ, no. 2, at 4 (1964).
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-22 Filing; memorandum to be recorded.

§501-22 Filing; memorandum to be recorded.
The application shall be filed with the registrar.
Upon filing the application the applicant shall forthwith cause to be filed in the bureau of conveyances a memorandum stating that application for registration has been filed, and the date and place of filing, and a copy of the description of the land contained in the application. This memorandum shall be filed and indexed by the assistant registrar with the records of deeds. The fee to be charged the applicant by the assistant registrar for the filing and indexing of this memorandum is $1. [L 1903, c 56, §20; RL 1925, §3209; am L 1931, c 217, §1; RL 1935, §5013; RL 1945, §12613; RL 1955, §342-14; HRS §501-22; gen ch 1993]
Cross References
Modification of fees, see §92-28.
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-23.5 Disposition of fees received at the bureau of conveyances.

§501-23.5 Disposition of fees received at the bureau of conveyances.
Notwithstanding any other law to the contrary, of the fees received at the bureau of conveyances, the registrar of conveyances shall deposit to the credit of the state general fund $18 for each document recorded and shall deposit the remaining balance and all fees other than the special mortgage recording fee established pursuant to section 431P-16 and conveyance tax collected pursuant to section 247-1 to the credit of the bureau of conveyances special fund established under section 502-8. [L 1999, c 125, §1; am L 2002, c 125, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-24 Agent for nonresident.

§501-24 Agent for nonresident.
If the applicant is not a resident of the State, the applicant shall file with the applicant's application a paper appointing an agent residing in the State, giving the agent's name in full and post office address, and shall therein agree that the service of any legal process in proceedings under or growing out of the application is of the same legal effect when made on the agent, as if made on the applicant within the State. If the agent dies, or removes from the State, the applicant shall at once make another appointment. If the applicant fails to do so the court may dismiss the application. [L 1903, c 56, §22; RL 1925, §3211; RL 1935, §5015; RL 1945, §12515; RL 1955, §342-16; HRS §501-24; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 501. Land Court Registration › 501-25 Application may include several parcels.

§501-25 Application may include several parcels.
An application may include two or more parcels of land in which the applicant claims the same interests; provided that all parcels must be within the same district, as such districts are defined by chapter 4, except that the districts of North Kona and South Kona, referred to in subparagraphs (G) and (H) of section 4-1(1), shall be deemed one district for this purpose.
Two or more parcels shall not be included in one application regardless of where they are situated, unless the claim of the applicant is of the same interest in each parcel included in the application. Coapplicants, whether their claims are of equal or unequal interest in the lands sought to be registered, shall not include more than one parcel in one application, unless the interest claimed by each applicant is uniform and of the same quantum of estate in every parcel sought to be included in the one application. [L 1903, c 56, pt of §24; RL 1925, pt of §3213; am L 1927, c 258, §4; am L 1929, c 184, §1; am L 1931, c 221, §1; RL 1935, §5016; RL 1945, §12616; RL 1955, §342-17; HRS §501-25; am L 1972, c 91, §1(e)]