Haw. Rev. Stat. § 490:9-104

Current through Act 47 of the 2024 Legislative Session
Section 490:9-104 - Control of deposit account
(a) A secured party shall be deemed to have control of a deposit account if:
(1) The secured party is the bank with which the deposit account is maintained;
(2) The debtor, secured party, and bank have agreed in a signed record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor;
(3) The secured party becomes the bank's customer with respect to the deposit account; or
(4) Another person, other than the debtor:
(A) Has control of the deposit account and acknowledges that it has control on behalf of the secured party; or
(B) Obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party.
(b) A secured party that has satisfied subsection (a) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.

HRS § 490:9-104

Amended by L 2023, c 132,§ 36, eff. 6/29/2023.
L 2000, c 241 , pt of §1