{"data":{"id":"us-hi/haw.-rev.-stat.-490-9-516","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 490:9-516","heading":"What constitutes filing; effectiveness of filing.","body":"(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.\n\n(b) Filing does not occur with respect to a record that a filing office refuses to accept because:\n\n(1) The record is not communicated by a method or medium of communication authorized by the filing office;\n\n(2) An amount equal to or greater than the applicable filing fee is not tendered;\n\n(3) The filing office is unable to index the record because:\n\n(A) In the case of an initial financing statement, the record does not provide a name for the debtor;\n\n(B) In the case of an amendment or information statement, the record:\n\n(i) Does not identify the initial financing statement as required by section 490:9-512 or 490:9-518, as applicable; or\n\n(ii) Identifies an initial financing statement whose effectiveness has lapsed under section 490:9-515;\n\n(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\n\n(D) In the case of a record filed in the filing office described in section 490:9-501(a)(1), the record does not provide a sufficient description of the real property to which it relates;\n\n(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;\n\n(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:\n\n(A) Provide a mailing address for the debtor; or\n\n(B) Indicate whether the name provided as the name of the debtor is the name of an individual or an organization;\n\n(6) In the case of an assignment reflected in an initial financing statement under section 490:9-514(a) or an amendment filed under section 490:9-514(b), the record does not provide a name and mailing address for the assignee; or\n\n(7) In the case of a continuation statement, the record is not filed within the six-month period prescribed by section 490:9-515(d).\n\n(c) For purposes of subsection (b):\n\n(1) A record does not provide information if the filing office is unable to read or decipher the information; and\n\n(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 section 490:9-512, 490:9-514, or 490:9-518, is an initial financing statement.\n\n(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.","path":["Hawaii Code","Division 2","Title 27","Chapter 490"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0490/HRS_0490-0009-0516.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"c268b777fc2c264a200a5f7ab19af628afb84aa83330731c907e03f1254348ad","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-490-9-515","next":"us-hi/haw.-rev.-stat.-490-9-517"},"notice":"GroundRules: Original legal text. Not legal advice."}
