{"data":{"id":"us-hi/haw.-rev.-stat.-490-9-323","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 490:9-323","heading":"Future advances.","body":"(a) Except as otherwise provided in subsection (c), for purposes of determining the priority of a perfected security interest under section 490:9-322(a)(1), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:\n\n(1) Is made while the security interest is perfected only:\n\n(A) Under section 490:9-309 when it attaches; or\n\n(B) Temporarily under section 490:9-312(e), (f), or (g); and\n\n(2) Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under section 490:9-309 or 490:9-312(e), (f), or (g).\n\n(b) Except as otherwise provided in subsection (c), a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than forty-five days after the person becomes a lien creditor unless the advance is made:\n\n(1) Without knowledge of the lien; or\n\n(2) Pursuant to a commitment entered into without knowledge of the lien.\n\n(c) Subsections (a) and (b) do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.\n\n(d) Except as otherwise provided in subsection (e), a buyer of goods takes free of a security interest to the extent that it secures advances made after the earlier of:\n\n(1) The time the secured party acquires knowledge of the buyer's purchase; or\n\n(2) Forty-five days after the purchase.\n\n(e) Subsection (d) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer's purchase and before the expiration of the forty-five-day period.\n\n(f) Except as otherwise provided in subsection (g), a lessee of goods takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of:\n\n(1) The time the secured party acquires knowledge of the lease; or\n\n(2) Forty-five days after the lease contract becomes enforceable.\n\n(g) Subsection (f) does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the forty-five-day period.","path":["Hawaii Code","Division 2","Title 27","Chapter 490"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0490/HRS_0490-0009-0323.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"6b8f5165ada5d6153ac133c98c807ce4a247a5c8755b9b0b094738fccd5b3ae0","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-490-9-322","next":"us-hi/haw.-rev.-stat.-490-9-324"},"notice":"GroundRules: Original legal text. Not legal advice."}