§490:9-317 - Interests that take priority over or take free of security interest or agricultural lien. - Hawaii Statutes

Subpart 3.  Priority

 

     §490:9-317  Interests that take priority over or take free of security interest or agricultural lien.  (a)  A security interest or agricultural lien is subordinate to the rights of:

     (1)  A person entitled to priority under section 490:9-322; and

     (2)  Except as otherwise provided in subsection (e), a person that becomes a lien creditor before the earlier of the time:

         (A)  The security interest or agricultural lien is perfected; or

         (B)  One of the conditions specified in section 490:9-203(b)(3) is met and a financing statement covering the collateral is filed.

     (b)  Except as otherwise provided in subsection (e), a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a security certificate takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.

     (c)  Except as otherwise provided in subsection (e), a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.

     (d)  A licensee of a general intangible or a buyer, other than a secured party, of accounts, electronic chattel paper, electronic documents, general intangibles, or investment property other than a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.

     (e)  Except as otherwise provided in sections 490:9-320 and 490:9-321, if a person files a financing statement with respect to a purchase-money security interest before or within twenty days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing. [L 2000, c 241, pt of §1; am L 2001, c 228, §4; am L 2004, c 163, §§30, 31]