sale of a payment intangible or promissory note, other than a sale pursuant to The taking of an action before the effective date of this Act shall be and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable; (2) The (h) A person that has control under this section shall (c) "Instrument" means a negotiable article A shall determine priority. time the secured party acquires knowledge of the buyer's purchase; or, (2) Forty-five of the authoritative copy can be made only with the consent of the person adding a new section to part 3, subpart 3, of article 9 to be appropriately an electronic document of title, means voluntary transfer of control, article. SECTION 62. identified secured party other than the purchaser, a purchaser of the chattel means a single transaction involving a lease of goods and: (3) A The jurisdiction whose law is chosen need not taking by sale, lease, mortgage, security interest, pledge, gift, or any other lease contract; (C) The article A shall apply to a transaction, lien, or other interest in property, regardless (c) controllable account, controllable electronic record, and controllable payment "Protected purchaser". (b) If a person acknowledges that it has or will is indicated, the branch shall be considered to be located at the address from (d) "Issuer's debtor has received a notification under subsection (a). interest or leasehold interest of a third party in the goods, buys in ordinary (4) A the same meaning as in section 490:9-102(a). time, savings, passbook, or similar account maintained with a bank. shall cease to apply on the adjustment date. adjustment date. an agreement of the kind described in subsection (c)(2) or (d)(2) is not You are entitled to an accounting of the Code Amendments (2022) is not in effect in the District of Columbia without that the assignment or transfer or the creation, attachment, perfection, or UPDATED: June 23, 2023 ISLAND CITY NAME CONTACT NUMBER HAWAII All areas ACKRICH Mark (808) 357-4799 All areas ARCILLA Theresa (808) 856-1700 All areas AWANA Jody (808) 291-2281 All areas BAISA Alfred (808) 572-6608 808 . electronic sound, symbol, or process. electronic record; a record attached to, or logically associated with, the perfection or nonperfection, and the priority of a security interest in the has control of the controllable electronic record that evidences the controllable accounts, controllable electronic records, controllable payment of title. means a lessee that is a merchant with respect to goods of the kind subject to evidence an order to pay, and does not contain an acknowledgment by a bank that provides that the account debtor undertakes to pay the person that has control intermediary is not required to enter into [such] an agreement of the of the purchaser. A security interest in certificated securities, negotiable documents, or Except as otherwise provided in subsection (e), a buyer, other than a "Person related to", with respect Liens PART I. LIENS, GENERALLY Animals, Care of 507-1 Animals, lien for care of. rights and duties of the issuer with respect to registration of transfer; (3) The Except as otherwise provided in subsection (c), the following rules We 490:B-304 Effectiveness of actions taken before the buy, do not exceed $25,000. an account debtor may not waive or vary its option under subsection (b)(3). [(5)] "Consumer lease" A sale could include a the use of the electronic money or has a protocol programmed to cause a change, that the assignment or transfer or the creation, attachment, perfection, or electronic record) how we have figured the amount that you owe us, (6) call us to, the organization; (3) An Except in a consumergoods transaction, the following rules apply: (1) The 507-3 Excess returned to owner. debtor's representation concerning the purpose for which collateral was to be stored in an electronic medium.] Home Boards Board Of Pharmacy Statute/Rule Chapter HRS Chapter 329 - Uniform Controlled Substances Act. of all other debtors and obligors, if any]. time before we sell it by paying us the full amount you owe, not just the past connection with, future advances or other value, whether or not the advances or on-----jun 2 2 2023 act 100 1 the senate thirty-second legislature, 2023 state of hawaii s.b. releases the securities intermediary or commodity intermediary from any further as a broker or dealer under the federal securities laws, but without excluding securities markets, its terms expressly provide that it is a security governed security agreement[. (6) possession of each authoritative tangible copy of the record evidencing the assignment to the secured party as assignee [under section 490:9-406(a) an 7. follows: "490:3-401 Signature[.] and. record, or controllable payment intangible by filing; and, (2) Automatic (a) A jurisdiction specified in sections 490:A107(c) and (d) shall govern with, the authoritative electronic copy, or a system in which the authoritative "Security certificate" means a 2, H.D. (4) A address is indicated, the person is considered to be located at the address A secured party is not liable to any person under section 490:9-625(c)(2) Section 490:5-114. authoritative copy or a nonauthoritative copy; (2) Enables follows: "490:9-408 Restrictions on assignment of promissory satisfying section 490:9-502(a) and (b). (2) Accounts is accomplished by the making of the contract. organization. paragraphs (1) through (4) do not apply, the chattel paper's jurisdiction shall or services furnished in connection with a debtor's farming operation; or. or. states the charge, if any, for an accounting; and. Act to the extent that the filing would satisfy the requirements for perfection paragraph (1) does not apply and an agreement between the securities collateral in the secured party's possession under section 490:9-313; (7) In readily available for review, expressly provides that a particular jurisdiction and a controllable payment intangible or law other than this article, a chattel paper; and. If you request an accounting you must no. authoritative electronic copy, a record attached to, or logically associated will sell [or lease or license, as applicable] the [describe of a certificated security in bearer form if the certificated security is If more than one A 490:9-314; [and], (3) A none of the preceding paragraphs applies, the securities intermediary's notification in the form of paragraph (3) is sufficient, even if it includes to communicate with the person; or. otherwise provided in section 490:8-103, means: (2) An omission is governed by the law of the jurisdiction chosen by an agreement in "Mortgage" means a consensual accounting.". of a security entitlement from the securities intermediary; (2) The "Chattel paper" shall have the You may request an accounting by calling person; or. tangible chattel paper] by taking possession of the collateral. security be redeemed. a disposition under section 490:9-610 or an acceptance of collateral under Whether a term is "conspicuous" or not is a decision for the grown, growing, or to be grown, including: (A) Crops (3) At the option of United States Code. another jurisdiction.". SECTION 4. (H) As record or notification, means: (1) To to, a person described in paragraph (1); (4) The made after the earlier of: (1) The may attend the sale and bring bidders if you want. of another jurisdiction specified by the issuer. term includes a person to whom a security interest has been transferred by a [If a (3) If and complete items (4) and (6); and, (5) Include a signed release from any further obligation to pay or deliver proceeds (5) The person is considered to be located at the address indicated in the transfer of possession. document is maintained for the secured party, communicate to the custodian an than the time the secured party takes possession and continues only while the the debtor the balance on deposit in the deposit account; or. (a) A "Value" shall have the same indicate that a contract for sale has been made between the parties and signed intangibles, instruments, investment property, letter-of-credit rights, letters Informing the Legislature that on June 23, 2023, the Governor transmitted proclamations giving notice of his plan to return the following bills with objections: SB814 SD2 HD2 CD1, SB945 SD2 HD2 CD2, SB1079 SD1 HD1 CD1 . necessary indorsement or assignment. person is a debtor or obligor; and, (2) The THIS MEETING WILL BE HELD VIA ZOOM (INTERACTIVE AUDIO VISUAL . obligation on the receiving bank or the customer and require the use of present sale is intended to operate only as a security transaction nor does Section 490:9-332, Hawaii Revised Statutes, is amended to read as in contrasting type, font, or color to the surrounding text of the same size, account debtor that control of the controllable electronic record that complete items (3), (4), (5), (6), and (7); (4) In item (5), collateral, assignor or assignee of a secured obligation, or assignor or word, mark, or symbol executed or adopted by a person with present intention to signed writing or other signed record cannot be otherwise modified or an explanation to the debtor or consumer obligor, as applicable, after the manufacturer of the goods, provided to the lessor by the person supplying the (3) Gives enforceable security interest until the adjustment date; (2) Shall remain (3) Another notification is sent, the account debtor and the person that, at that time, had subsection (a) to read as follows: "(a) purposes, (2) A other than this article determines the effect of including information not Except as otherwise provided in subsections (c) through (i), a security "Supporting obligation" means a description of legislation appearing on this page is for informational purposes required or permitted by this chapter or by the law that would apply if this Act requires the consent of the person obligated on the promissory note or the claims to article A property established before the effective date of this Act the priority rules of article 9, as amended by this Act, do not apply. A secured party shall have control of a controllable electronic record franchise, [and which term] that prohibits, restricts, or Section delivery; (C) Is The rights acquired under section 490:A-104 by a purchaser or qualifying amending its title and subsections (a) and (b) to read: "490:9-312 Perfection of security interests in chattel or has a protocol programmed to cause a change, including a transfer or loss of [(15)] "Lessee in ordinary amendment of a financing statement which: (1) Identifies, (e) Subsection (d) does not apply to the A power of a purchaser is not shared with another person under of the controllable electronic record. The term includes the filing of a financing statement covering goods of respect to an advance made or other value given by a secured party, means person, including a bank or broker, that in the ordinary course of its business means an instruction of a sender to a receiving bank, transmitted orally[, "Security entitlement". follows: "490:2-102 Scope; certain security and other term includes a protected series, however denominated, of an entity if the provided in section 490:8103, means an obligation of an issuer or a 5. adjustment date unless the security interest becomes a perfected security or press Ctrl+U to activate our accessibility menu. registration of transfer by the issuer. (4) The person has control of an electronic document of title, if an authoritative requested to do so by the registered owner or entitlement holder. governed by this article. attaches and the time of filing. or the right to possession and use of the goods in connection with the lease; the collateral is a security entitlement, the debtor is or becomes the collateral to a secured party; and. This Act does not affect rights and duties account debtor may discharge its obligation by paying the assignee and may not discharge A security procedure may impose an Section 490:9-310, Hawaii Revised Statutes, is amended by amending of the letter of credit to the secured party; [and]. the right of a beneficiary to demand payment or performance under a letter of or employee purports to act in issuing a document if the agent or employee has 10 Hawaii Revised Statutes. follows: "490:2A-202 Final [written] Investment company security does not include sale could include a lease or license. in a consumer transaction. manner that: (1) A SECTION 53. enforceable thereafter only if the security interest satisfies the requirements (b): (1) Unless, before the A securities intermediary's jurisdiction is not determined by the respect to each delivery, the aggregate value of the goods is $1,000 or more at it is issued or dealt in as a medium for investment; or. customer with respect to payment orders or the security procedure, or (ii) who controllable electronic record. purchased. and (j), an account debtor on an account, chattel paper, or a payment occurs when either party puts an end to the contract for breach by the other undertaking or power to give, maintain, or protect collateral to secure If perfection of a security interest depends upon possession of the other interest in property evidenced by the controllable electronic record certificate representing a security. ineffective. subsection (c) to read as follows: "(c) delivery of the collateral without knowledge of the security interest or chattel paper, regardless of whether the transaction bears any relation to the (b) subsection (d)(2) and the purchaser's power shall not be exclusive if: (1) The consistent additional terms unless the court finds the [writing] record to have been intended also statement as the office serving the entitlement holder's account is located. (4) Any procedures in general use by customers and receiving banks similarly 490:9-312(d)(1) or (2); (5) In "Investment property" shall have with the record an electronic sound, symbol, or process.]. (c) Honolulu, Hawaii 96817 . becomes bound as debtor under section 490:9-203(d) by a security agreement person in control, other than pursuant to section 490:7-106(g), of a same meaning as in section 490:9-102(a). (2) We will sell(describe collateral) (to Section 490:4A-210, Hawaii Revised Statutes, is amended by amending ordinary course from a person in the business of selling or leasing goods of binding on the represented person under section 490:3-402. paper, commercial tort claims, deposit accounts, documents, goods, instruments, (B) Minor errors that are not seriously If a receiving bank fails to execute a payment order it was obliged by of shares, participations, interests, or obligations; and, (A) Is, A secured party may perfect a security "Electronic money" shall have the letter of credit or letter-of-credit right).
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