2015 Hawaii Revised Statutes
TITLE 14. TAXATION
241. Taxation of Banks and Other Financial Corporations
241-1 Definitions.

§241-1 Definitions. As used in this chapter unless a different meaning appears from the context:

"Bank" means and includes any national banking association and any bank chartered or licensed pursuant to chapter 412.

"Building and loan association" means any corporation that has been authorized to operate as a savings bank or savings and loan association pursuant to chapter 412, and any federal savings and loan association.

"Building and loan association" means any corporation or mutual association which has been authorized to operate as a savings bank or savings and loan association pursuant to chapter 412, and any federal savings and loan association.

"Chapter 235" means the provisions thereof as amended and applicable to the tax imposed by the chapter in respect of income derived or received on and after the franchise tax date prescribed by this chapter, for example, for the computation of the franchise tax imposed by this chapter as of January 1, 1958, references to chapter 235 signify the provisions thereof as amended and applicable to income derived or received on or after January 1, 1958, in the case of a taxpayer whose taxable year under chapter 235 commences January 1, 1958.

"Development company" means a company approved by the federal Small Business Administration to operate under the provisions of Title V of the federal Small Business Investment Act of 1958, Public Law 699, as amended.

"Financial corporation" means (1) any corporation, domestic or foreign, other than a bank or building and loan association, which is a financial corporation within the meaning of section 5219 of the Revised Statutes of the United States, as amended (12 U.S.C. 548), or other similar law, doing business in the State and not subject to the taxes imposed by chapter 235, but shall not include an insurance company which pays the tax on premiums imposed by chapter 431, and (2) an interbank broker doing business in the State and not subject to the taxes imposed by chapter 235.

"Financial holding company" means any corporation registered under the Federal Bank Holding Company Act of 1956, as amended, or registered as a savings and loan holding company under the Home Owners' Loan Act of 1933, as amended.

"Financial services loan company" means any company which has been authorized to engage in the business of a financial services loan company pursuant to chapter 412.

"Income year" means that year, either the calendar year or fiscal year, the income of which is the measure of the tax for the franchise tax year involved.

"Interbank broker" means a person, who for a fee, brokerage, or other compensation, either directly or indirectly, provides brokerage services as an intermediary or agent in transactions between financial institutions where one financial institution (1) supplies funds to another financial institution by making a loan, placing funds in a deposit account, or otherwise extending credit to the other institution, (2) buys, sells, trades, or swaps currency, commercial paper, banker's acceptances, negotiable certificates of deposit, treasury bills, notes, or bonds with another financial institution, or (3) enters into interest rate swaps, forward rate agreements, or interest rate futures contracts with another financial institution. A "financial institution", as used in this paragraph, means a bank, a savings bank, a building and loan association, a trust company, a financial services loan company, an insurance company, a pension and profit sharing trust, an investment company as defined in the federal Investment Company Act of 1940, an Edge or Agreement Corporation, an international banking facility, and similar United States or foreign institutions.

"Mortgage loan company" means a mortgage loan originator company licensed under chapter 454F.

"Small business investment company" means a company approved by the federal Small Business Administration to operate under the provisions of the federal Small Business Investment Act of 1958 (72 U.S. Statutes at Large 689 et seq.; 15 U.S.C. 661 et seq.), as amended, and issued a license as provided thereunder.

"Subsidiary" means any corporation doing business in Hawaii engaged in activities set forth in Title 12 of the Code of Federal Regulations, sections 225.22 and 225.25 (1990) (Regulation Y) and sections 584.2-1 and 584.2-2 (1990) (Office of Thrift Supervision) and whose voting stock is more than eighty per cent owned, directly or indirectly, by a financial holding company, bank, building and loan association, financial services loan company, financial corporation, or trust company.

"Trust company" means a corporation or joint stock company authorized to conduct business as a trust company under article 8 of chapter 412. [L Sp 1957, c 1, pt of §10(a); am L 1959, c 277, §17; am L 1965, c 224, §5; Supp, §127-1; HRS §241-1; am L 1976, c 203, §3(1); am L 1982, c 92, §3(1); am L 1987, c 168, §2; am L 1989, c 266, §3; am L 1990, c 109, §2; am L 1992, c 106, §10; am L 1993, c 350, §§11, 35; am L 2006, c 228, §2; am L 2010, c 84, §6]

Cross References

Legislative intent re meaning of "financial corporation". L Sp 1957, c 1, §24(c).