Hawaii Revised Statutes 490:9-102 – Definitions and index of definitions
“Accession” means goods that are physically united with other goods in a manner in which the identity of the original goods is not lost.
“Account”, except as used in “account for”, “account statement”, “account to”, “customer’s account”, “on account of”, “statement of account”, “commodity account”, and “deposit account”:
Terms Used In Hawaii Revised Statutes 490:9-102
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lineal descendant: Direct descendant of the same ancestors.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute: A law passed by a legislature.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trustee: A person or institution holding and administering property in trust.
“Account debtor” means a person obligated on an account, chattel paper, or general intangible. “Account debtor” does not include persons obligated to pay a negotiable instrument, even if the negotiable instrument evidences chattel paper.
“Accounting”, except as used in “accounting for”, means a record:
“Agricultural lien” means an interest in farm products:
“As-extracted collateral” means:
“Assignee”, except as used in “assignee for benefit of creditors”, means a person:
“Assignee” includes a person to which a security interest has been transferred by a secured party.
“Assignor” means a person that:
“Assignor” includes a secured party that has transferred a security interest to another person.
“Bank” means an organization that is engaged in the business of banking. “Bank” includes savings banks, savings and loan associations, credit unions, and trust companies.
“Cash proceeds” means proceeds that are money, checks, deposit accounts, or the like.
“Certificate of title” means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. “Certificate of title” includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificates of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral.
“Chattel paper” means a right to payment of a monetary obligation that is either:
“Chattel paper” does not include a right to payment arising out of a charter or other contract involving the use or hire of a vessel or a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.
“Collateral” means the property subject to a security interest or agricultural lien. “Collateral” includes:
“Commercial tort claim” means a claim arising in tort with respect to which the claimant is:
“Commodity account” means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer.
“Commodity contract” means a commodity futures contract, an option on a commodity futures contract, a commodity option, or another contract if the contract or option is:
“Commodity customer” means a person for which a commodity intermediary carries a commodity contract on its books.
“Commodity intermediary” means a person that:
“Communicate” means:
“Consignee” means a merchant to which goods are delivered in a consignment.
“Consignment” means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:
“Consignor” means a person that delivers goods to a consignee in a consignment.
“Consumer debtor” means a debtor in a consumer transaction.
“Consumer goods” means goods that are used or bought for use primarily for personal, family, or household purposes.
“Consumer-goods transaction” means a consumer transaction in which:
“Consumer obligor” means an obligor who is an individual and who incurred the obligation as part of a transaction entered into primarily for personal, family, or household purposes.
“Consumer transaction” means a transaction in which:
“Consumer transaction” includes consumer-goods transactions.
“Continuation statement” means an amendment of a financing statement that:
“Controllable account” means an account evidenced by a controllable electronic record that provides that the account debtor undertakes to pay the person that has control under section 490:A-105 of the controllable electronic record.
“Controllable payment intangible” means a payment intangible evidenced by a controllable electronic record that provides that the account debtor undertakes to pay the person that has control under section 490:A-105 of the controllable electronic record.
“Debtor” means:
“Deposit account” means a demand, time, savings, passbook, or similar account maintained with a bank. “Deposit account” does not include investment property or accounts evidenced by an instrument.
“Document” means a document of title or a receipt of the type described in section 490:7-201(b).
“Electronic money” means money in an electronic form.
“Encumbrance” means a right, other than an ownership interest, in real property. “Encumbrance” includes mortgages and other liens on real property.
“Equipment” means goods other than inventory, farm products, or consumer goods.
“Farming operation” means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation.
“Farm products” means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and that are:
“File number” means the number assigned to an initial financing statement pursuant to section 490:9-519(a).
“Filing office” means an office designated in section 490:9-501 as the place to file a financing statement.
“Filing-office rule” means a rule adopted pursuant to section 490:9-526.
“Financing statement” means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement.
“Fixture filing” means the filing of a financing statement covering goods that are or are to become fixtures and satisfying section 490:9-502(a) and (b). “Fixture filing” includes the filing of a financing statement covering goods of a transmitting utility that are or are to become fixtures.
“Fixtures” means goods that have become so related to particular real property that an interest in them arises under real property law.
“General intangible” means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. “General intangible” includes controllable electronic records, payment intangibles, and software.
“Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.
“Goods” :
“Governmental unit” means a subdivision, agency, department, county, parish, municipality, or other unit of the government of the United States, a state, or a foreign country. “Governmental unit” includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States.
“Health-care-insurance receivable” means an interest in or claim under a policy of insurance that is a right to payment of a monetary obligation for health-care goods or services provided or to be provided.
“Instrument” means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. “Instrument” does not include:
“Inventory” means goods, other than farm products, that:
“Investment property” means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account.
“Jurisdiction of organization”, with respect to a registered organization, means the jurisdiction under whose law the organization is formed or organized.
“Letter-of-credit right” means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. “Letter-of-credit right” does not include the right of a beneficiary to demand payment or performance under a letter of credit.
“Lien creditor” means:
“Manufactured home” means a structure, transportable in one or more sections, that, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under title 42 of the United States Code.
“Manufactured-home transaction” means a secured transaction:
“Money” has the same meaning as in section 490:1-201(b), but does not include:
“Mortgage” means a consensual interest in real property, including fixtures, that secures payment or performance of an obligation.
“New debtor” means a person that becomes bound as debtor under section 490:9-203(d) by a security agreement previously entered into by another person.
“New value” means:
“New value” does not include an obligation substituted for another obligation.
“Noncash proceeds” means proceeds other than cash proceeds.
“Obligor” means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral:
“Obligor” does not include issuers or nominated persons under a letter of credit.
“Original debtor”, except as used in section 490:9-310(c), means a person that, as debtor, entered into a security agreement to which a new debtor has become bound under section 490:9-203(d).
“Payment intangible” means a general intangible under which the account debtor’s principal obligation is a monetary obligation. “Payment intangible” includes a controllable payment intangible.
“Person related to”, with respect to an individual, means:
“Person related to”, with respect to an organization, means:
“Proceeds”, except as used in section 490:9-609(b), means the following property:
“Promissory note” means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.
“Proposal” means a record signed by a secured party that includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to sections 490:9-620, 490:9-621, and 490:9-622.
“Public-finance transaction” means a secured transaction in connection with which:
“Public organic record” means a record that is available to the public for inspection and is:
“Pursuant to commitment”, with respect to an advance made or other value given by a secured party, means pursuant to the secured party’s obligation, whether or not a subsequent event of default or other event not within the secured party’s control has relieved or may relieve the secured party from its obligation.
“Record”, except as used in “for record”, “of record”, “record or legal title”, and “record owner”, 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.
“Registered organization” means an organization formed or organized solely under the law of a single state or the United States by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the state or the United States. “Registered organization” includes a business trust that is formed or organized under the law of a single state if a statute of the state governing business trusts requires that the business trust’s organic record be filed with the state.
“Secondary obligor” means an obligor to the extent that:
“Secured party” means:
“Security agreement” means an agreement that creates or provides for a security interest.
“Software” means a computer program and any supporting information provided in connection with a transaction relating to the program. “Software” does not include a computer program that is included in the definition of goods.
“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
“Supporting obligation” means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property.
“Tangible money” means money in a tangible form.
“Termination statement” means an amendment of a financing statement that:
“Transmitting utility” means a person primarily engaged in the business of:
“Applicant”. Section 490:5-102.
“Beneficiary”. Section 490:5-102.
“Broker”. Section 490:8-102.
“Certificated security”. Section 490:8-102.
“Check”. Section 490:3-104.
“Clearing corporation”. Section 490:8-102.
“Contract for sale”. Section 490:2-106.
“Control”. Section 490:7-106.
“Controllable electronic record”. Section 490:A-102.
“Customer”. Section 490:4-104.
“Entitlement holder”. Section 490:8-102.
“Financial asset”. Section 490:8-102.
“Holder in due course”. Section 490:3-302.
“Issuer” (with respect to a letter of credit or letter-of-credit right). Section 490:5-102.
“Issuer” (with respect to a security). Section 490:8-201.
“Issuer” (with respect to documents of title). Section 490:7-102.
“Lease”. Section 490:2A-103.
“Lease agreement”. Section 490:2A-103.
“Lease contract”. Section 490:2A-103.
“Leasehold interest”. Section 490:2A-103.
“Lessee”. Section 490:2A-103.
“Lessee in ordinary course of business”. Section 490:2A-103.
“Lessor”. Section 490:2A-103.
“Lessor’s residual interest”. Section 490:2A-103.
“Letter of credit”. Section 490:5-102.
“Merchant”. Section 490:2-104.
“Negotiable instrument”. Section 490:3-104.
“Nominated person”. Section 490:5-102.
“Note”. Section 490:3-104.
“Proceeds of a letter of credit”. Section 490:5-114.
“Protected purchaser”. Section 490:8-303.
“Prove”. Section 490:3-103.
“Qualifying purchaser”. Section 490:A-102.
“Sale”. Section 490:2-106.
“Securities account”. Section 490:8-501.
“Securities intermediary”. Section 490:8-102.
“Security”. Section 490:8-102.
“Security certificate”. Section 490:8-102.
“Security entitlement”. Section 490:8-102.
“Uncertificated security”. Section 490:8-102.