Terms Used In Hawaii Revised Statutes > Chapter 431 > Article 3 > Part III - Annual Requirements and Limiting Provisions

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of 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.
• 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
• Buyer in ordinary course of business: means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. 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
• Consumer goods: means goods that are used or bought for use primarily for personal, family, or household purposes. 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
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• Electronic certificate of title: means a certificate of title consisting of information that is stored solely in an electronic medium and is retrievable in perceivable form. See Hawaii Revised Statutes 200A-2
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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.
• 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
• Purchase: means to take by sale, lease, mortgage, pledge, consensual lien, security interest, gift, or any other voluntary transaction that creates an interest in a vessel. 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
• Secured party of record: means the secured party whose name is indicated as the name of the secured party in the department's files or, if the files indicate more than one secured party, the name indicated first. See Hawaii Revised Statutes 200A-2
• Security agreement: means an agreement that creates or provides for a security interest. 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
• Sign: means , with present intent to authenticate or adopt a record, to:
  (1) Make or adopt a tangible symbol; or
  (2) Attach to or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 200A-2
• 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. See Hawaii Revised Statutes 200A-2
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Testify: Answer questions in court.
• Transfer of ownership: means a voluntary or involuntary conveyance of an interest in a vessel. 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