§490:9-516  What constitutes filing; effectiveness of filing.  (a)  Except as otherwise provided in subsection (b), communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.

Terms Used In Hawaii Revised Statutes 490:9-516

  • 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.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

     (b)  Filing does not occur with respect to a record that a filing office refuses to accept because:

     (1)  The record is not communicated by a method or medium of communication authorized by the filing office;

     (2)  An amount equal to or greater than the applicable filing fee is not tendered;

     (3)  The filing office is unable to index the record because:

          (A)  In the case of an initial financing statement, the record does not provide a name for the debtor;

          (B)  In the case of an amendment or information statement, the record:

               (i)  Does not identify the initial financing statement as required by § 490:9-512 or 490:9-518, as applicable; or

              (ii)  Identifies an initial financing statement whose effectiveness has lapsed under § 490:9-515;

          (C)  In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s surname; or

          (D)  In the case of a record filed in the filing office described in § 490:9-501(a)(1), the record does not provide a sufficient description of the real property to which it relates;

     (4)  In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;

     (5)  In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:

          (A)  Provide a mailing address for the debtor; or

          (B)  Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;

     (6)  In the case of an assignment reflected in an initial financing statement under § 490:9-514(a) or an amendment filed under § 490:9-514(b), the record does not provide a name and mailing address for the assignee; or

     (7)  In the case of a continuation statement, the record is not filed within the six-month period prescribed by § 490:9-515(d).

     (c)  For purposes of subsection (b):

     (1)  A record does not provide information if the filing office is unable to read or decipher the information; and

     (2)  A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by § 490:9-512, 490:9-514, or 490:9-518, is an initial financing statement.

     (d)  A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (b), is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.