(a) Except as otherwise provided in this section or § 200A-28, a security interest in a vessel may be perfected only by receipt by the department of an application for a certificate of title that identifies the secured party and otherwise complies with § 200A-7. The security interest is perfected on receipt by the department of the application and the applicable fee or attachment of the security interest under section 490:9-203, whichever occurs later.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 200A-15

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Barge: means a vessel that is not self propelled or fitted for propulsion by sail, paddle, oar, or similar device. See Hawaii Revised Statutes 200A-2
  • Buyer: means a person that buys or contracts to buy a vessel. See Hawaii Revised Statutes 200A-2
  • Certificate of title: means a record, created by the department under this chapter or by a governmental agency of another jurisdiction under the law of that jurisdiction, that is designated as a certificate of title by the department or agency and is evidence of ownership of a vessel. See Hawaii Revised Statutes 200A-2
  • Debtor: means :

    (1) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;
    (2) A seller of accounts, chattel paper, payment intangibles, or promissory notes; or
    (3) A consignee. See Hawaii Revised Statutes 200A-2
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 200A-2
  • Documented vessel: means a vessel covered by a certificate of documentation issued pursuant to title 46 United States Code § 12105, as amended. See Hawaii Revised Statutes 200A-2
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Hawaii Revised Statutes 200A-2
  • Hull identification number: means the alphanumeric designation assigned to a vessel pursuant to title Title 33 of the Code of Federal Regulations, Part 181, as amended. See Hawaii Revised Statutes 200A-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Hawaii Revised Statutes 200A-2
  • Owner: means a person that has legal title to a vessel. See Hawaii Revised Statutes 200A-2
  • Owner of record: means the owner indicated in the department's files or, if the files indicate more than one owner, the owner indicated first. See Hawaii Revised Statutes 200A-2
  • Person: means an individual; corporation; business trust; estate; trust; statutory trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency, or instrumentality; or any other legal or commercial entity. See Hawaii Revised Statutes 200A-2
  • Purchaser: means a person that takes by purchase. See Hawaii Revised Statutes 200A-2
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 200A-2
  • Security interest: includes any interest of a consignor in a vessel in a transaction that is subject to article 9 of chapter 490. See Hawaii Revised Statutes 200A-2
  • Vessel: means any watercraft used or capable of being used as a means of transportation on water, except:

    (1) An amphibious vehicle for which a certificate of title is issued pursuant to part III of chapter 286 or a similar statute of another state;
    (2) A watercraft less than eight feet in length and propelled solely by sail, paddle, oar, or an engine of less than ten horsepower;
    (3) A watercraft that operates only on a permanently fixed, manufactured course and the movement of which is restricted to or guided by means of a mechanical device to which the watercraft is attached or by which the watercraft is controlled;
    (4) A stationary floating structure that:
    (A) Does not have and is not designed to have a mode of propulsion of its own;
    (B) Is dependent for utilities upon a continuous utility hookup to a source originating on shore; and
    (C) Has a permanent, continuous hookup to a shoreside sewage system;
    (5) A watercraft owned by the United States; a state; a foreign government; or a political subdivision of the United States, a state, or a foreign government; and
    (6) A watercraft used solely as a lifeboat on another watercraft. See Hawaii Revised Statutes 200A-2
  • Written certificate of title: means a certificate of title consisting of information inscribed on a tangible medium. See Hawaii Revised Statutes 200A-2
(b) If the interest of a person named as owner, lessor, consignor, or bailor in an application for a certificate of title received by the department is a security interest, the application shall be deemed to sufficiently identify the person as a secured party. Identification on the application for a certificate of a person as owner, lessor, consignor, or bailor shall not be by itself a factor in determining whether the person’s interest is a security interest.
(c) If the department has created a certificate of title for a vessel, a security interest in the vessel may be perfected by receipt by the department of an application, on a form the department may require, to have the security interest added to the certificate. The application shall be signed by an owner of the vessel or by the secured party and shall include:

(1) The name of the owner of record;
(2) The name and mailing address of the secured party;
(3) The hull identification number for the vessel; and
(4) If the department has created a written certificate of title for the vessel, the certificate.
(d) A security interest perfected under subsection (c) is perfected on receipt by the department of the application and all applicable fees or attachment of the security interest under section 490:9-203, whichever occurs later.
(e) On receipt of an application that complies with subsection (c) and payment of all applicable fees, the department shall create a new certificate of title pursuant to § 200A-8 and deliver the new certificate or a record evidencing an electronic certificate pursuant to section 200A-12(a). The department shall maintain in its files the date and time of receipt of the application by the department.
(f) If a secured party assigns a perfected security interest in a vessel, the receipt by the department of a statement providing the name of the assignee as secured party shall not be required to continue the perfected status of the security interest against creditors of and transferees from the original debtor. A purchaser of a vessel subject to a security interest that obtains a release from the secured party indicated in the department’s files or on the certificate takes free of the security interest and of the rights of a transferee unless the transfer is indicated in the department’s files or on the certificate.
(g) This section shall not apply to a security interest:

(1) Created in a vessel by a person during any period in which the vessel is inventory held for sale or lease by the person or is leased by the person as lessor if the person is in the business of selling vessels;
(2) In a barge for which no application for a certificate of title has been delivered to the department; or
(3) In a vessel before delivery if the vessel is under construction, or completed, pursuant to contract and for which no application for a certificate has been delivered to the department.
(h) This subsection shall only apply if a certificate of documentation for a documented vessel is deleted or canceled. If a security interest in the vessel was valid immediately before deletion or cancellation against a third party as a result of compliance with title 46 United States Code § 31321, as amended, the security interest is and remains perfected until four months after cancellation of the certificate or the time the security interest becomes perfected under this chapter, whichever occurs earlier.
(i) A security interest in a vessel arising under section 490:2-401, 490:2-505, buyer‘s security interest in rejected goods” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>490:2-711(3), or 490:2A-508(e) is perfected when it attaches but becomes unperfected when the debtor obtains possession of the vessel, unless before the debtor obtains possession the security interest is perfected pursuant to subsection (a) or (c).
(j) A security interest in a vessel as proceeds of other collateral is perfected to the extent provided in section 490:9-315.
(k) A security interest in a vessel perfected under the law of another jurisdiction is perfected to the extent provided in section 490:9-316(d).

  Previous
Next  
 Chapter 200A Contents