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2018 Hawaii Revised Statutes
TITLE 22. BANKS AND FINANCIAL INSTITUTIONS
412. Code of Financial Institutions
ARTICLE 1. GENERAL PROVISIONS
PART I. ADMINISTRATION
FINANCIAL INSTITUTIONS
PART I. GENERAL PROVISIONS
LOAN ASSOCIATIONS, TRUST COMPANIES AND DEPOSITORY
FINANCIAL SERVICES LOAN COMPANIES
LOAN COMPANIES
ASSUMPTIONS, AND VOLUNTARY DISSOLUTIONS
GENERALLY
PART I. GENERAL PROVISIONS PART II. POWERS OF BANKS
PART I. GENERAL PROVISIONS PART II. POWERS OF SAVINGS BANKS
PART I. GENERAL PROVISIONS PART II. POWERS OF SAVINGS AND LOAN ASSOCIATIONS
AND LOAN ASSOCIATIONS--REPEALED ARTICLE 8. TRUST COMPANIES
PART I. GENERAL PROVISIONS
PART I. GENERAL PROVISIONS
PART I. GENERAL PROVISIONS
MERGERS
PART I. GENERAL
FOREIGN BANKS
- 412:1-100 Short title.
- 412:1-101 Purpose.
- 412:1-102 Scope and application of chapter.
- 412:1-103 Application to existing financial institutions.
- 412:1-104 Names.
- 412:1-105 Deposits.
- 412:1-106 Headings; references.
- 412:1-107 Particular provisions prevail.
- 412:1-108 Jurisdiction conferred upon circuit court.
- 412:1-109 Definitions.
PART I. ADMINISTRATION
- 412:2-100 Commissioner of financial institutions; division of financial institutions.
- 412:2-100.5 Powers of the commissioner.
- 412:2-101 Deputy commissioner, acting commissioner.
- 412:2-102 Examiners and other personnel.
- 412:2-103 Disqualifications.
- 412:2-104 Confidentiality of information possessed by commissioner.
- 412:2-105 Fees.
- 412:2-105.1 REPEALED.
- 412:2-105.2 Hawaii financial institutions; assessments; fees; penalty.
- 412:2-106 Public or private hearings.
- 412:2-107 Rules.
- 412:2-108 Alternative mortgage loans rules.
- 412:2-109 Compliance resolution fund; financial institution examiners.
- 412:2-110 Emergency applications.
- 412:2-111 Commissioner's power to subpoena.
- 412:2-300 Enforcement actions.
- 412:2-301 Joint enforcement with federal regulatory agency.
- 412:2-302 Cease and desist orders; grounds for issuance.
- 412:2-303 Permanent cease and desist orders; procedure; hearing; enforcement.
- 412:2-304 Temporary cease and desist orders; effective date; hearing; enforcement.
- 412:2-305 Consent cease and desist orders.
- 412:2-306 Removal or prohibition of institution-affiliated party; grounds.
- 412:2-307 Removal or prohibition of institution-affiliated party; procedure; hearing; enforcement.
- 412:2-308 Order of immediate suspension; procedure; effective date; hearing; enforcement.
- 412:2-309 Consent order of removal or prohibition.
- 412:2-310 Removal, prohibition, or suspension; effect of order.
- 412:2-311 Suspension or revocation of charter or license.
- 412:2-312 Suspension or revocation; procedure; hearing; enforcement.
- 412:2-313 Consent suspension and revocation order.
- 412:2-314 Action to correct capital and surplus impairment.
- 412:2-315 National or state emergencies.
- 412:2-400 Grounds for appointment of conservator or receiver.
- 412:2-401 Appointment of conservator or receiver; judicial review.
- 412:2-402 Additional grounds for appointment.
- 412:2-403 Who may serve as conservator or receiver.
- 412:2-404 Federal insurer as conservator or receiver; subrogation.
- 412:2-405 Removal or replacement of conservator or receiver.
- 412:2-406 Compensation and expenses of conservator or receiver.
- 412:2-407 Stay of judicial proceedings.
- 412:2-408 Duties and powers of conservator.
- 412:2-409 Conservator's segregation of deposits.
- 412:2-410 Supervised reorganization.
- 412:2-411 Termination of conservatorship.
- 412:2-412 Duties and powers of receiver.
- 412:2-413 No interest on deposits of an institution in receivership.
- 412:2-414 Optional court supervision.
- 412:2-415 Notice of receivership; filing of claims.
- 412:2-416 Liquidation by receiver; priority of claims.
- 412:2-417 Final accounting and discharge.
- 412:2-418 Transfer of assets in contemplation of insolvency void.
- 412:2-419 Treatment of lessors.
- 412:2-420 Claims for wrongful termination of employment.
- 412:2-421 Bailments and safe deposit boxes in receivership.
- 412:2-500 Definitions.
- 412:2-501 Commissioner's determination of failing institution.
- 412:2-502 Solicitation of purchasers.
- 412:2-503 Applications to purchase.
- 412:2-504 Granting of application; criteria for approval.
- 412:2-505 Waiver of statewide concentration limits under the Bank Holding Company Act of 1956, as amended.
- 412:2-506 Charter or license.
- 412:2-507 Expedited approvals.
- 412:2-508 Provisional approval to organize.
- 412:2-509 Effect of merger or acquisition on prior business, title and obligations.
- 412:2-510 Commissioner's powers.
- 412:2-511 Modification of time periods.
- 412:2-512 REPEALED.
- 412:2-600 Applicability of part.
- 412:2-601 Violation of chapter.
- 412:2-602 Copying records of Hawaii financial institutions.
- 412:2-603 Disclosures of records of Hawaii financial institutions.
- 412:2-604 Concealment.
- 412:2-605 REPEALED.
- 412:2-606 Witness; failure to testify or produce records.
- 412:2-606.5 Financial institution name fraud.
- 412:2-607 Deception; false statements.
- 412:2-608 Misapplication of funds.
- 412:2-609 Imposition of administrative fines; assessment.
- 412:2-609.5 Imposition of administrative fines on persons who are not Hawaii financial institutions; assessment.
- 412:2-610 Compromise or modification of administrative fines; determining amount of fine; hearing.
- 412:2-611 Action to recover administrative fines; deposit to compliance resolution fund.
FINANCIAL INSTITUTIONS
PART I. GENERAL PROVISIONS
- 412:3-100 Applicability of this part.
- 412:3-101 Name of financial institution.
- 412:3-102 Change of name.
- 412:3-103 REPEALED.
- 412:3-104 Qualifications of directors.
- 412:3-105 Election and appointment of executive officers.
- 412:3-106 Residency of chief executive officer.
- 412:3-107 Meetings of the board.
- 412:3-108 Generally accepted accounting principles.
- 412:3-109 Charging down assets.
- 412:3-110 Holding of assets.
- 412:3-111 Maintenance of books and records.
- 412:3-111.5 Request for information by the commissioner.
- 412:3-112 Submissions to commissioner.
- 412:3-113 REPEALED.
- 412:3-114 Duty to report illegal acts.
- 412:3-114.5 Mandatory reporting of suspected financial abuse of an elder.
- 412:3-115 REPEALED.
LOAN ASSOCIATIONS, TRUST COMPANIES AND DEPOSITORY
FINANCIAL SERVICES LOAN COMPANIES
- 412:3-200 Applicability of part.
- 412:3-201 Application for preliminary approval to organize a financial institution.
- 412:3-202 Additional requirements for holding company.
- 412:3-203 Deferral of application requirements.
- 412:3-204 Publication of notice.
- 412:3-205 Informational and comment proceeding on application.
- 412:3-206 Grant of preliminary approval to organize a financial institution.
- 412:3-207 Denial of preliminary approval to organize.
- 412:3-208 REPEALED.
- 412:3-209 Paid-in capital and surplus.
- 412:3-210 REPEALED.
- 412:3-211 Time limit to complete organization.
- 412:3-212 Final application for charter or license.
- 412:3-213 Denial of charter or license.
LOAN COMPANIES
- 412:3-300 Applicability of part.
- 412:3-301 Application for license.
- 412:3-302 Publication of notice.
- 412:3-303 Informational and comment proceeding.
- 412:3-304 Grant of approval.
- 412:3-305 Denial of license.
- 412:3-306 Paid-in capital and surplus.
- 412:3-400 Applicability of part.
- 412:3-401 Applicability of Hawaii Business Corporation Act.
- 412:3-402 Capital stock.
- 412:3-403 Dividends and other capital distributions.
- 412:3-500 Prohibition of business at unauthorized locations.
- 412:3-501 Authorized places of business.
- 412:3-502 Foreign financial institution.
- 412:3-503 Opening or relocating principal office, branch, or agency.
- 412:3-504 Notice and deadline for opening or relocating principal office, branch, or agency.
- 412:3-505 Opening or relocating out-of-state branch or agency.
- 412:3-506 Opening or relocating a support facility
- 412:3-507 Closing branch or agency; temporary closures and relocations.
- 412:3-508 Closing a support facility.
- 412:3-509 Out-of-state branch or agency.
ASSUMPTIONS, AND VOLUNTARY DISSOLUTIONS
- 412:3-600 Applicability of this part.
- 412:3-601 No conversions, mergers, consolidations, acquisitions, assumptions, voluntary cessations of business, or voluntary dissolutions except pursuant to this part.
- 412:3-602 Definitions.
- 412:3-603 Procedure for applications pursuant to this part.
- 412:3-604 Shareholder or member vote.
- 412:3-605 Notice to credit union member.
- 412:3-606 Conversion from State to comparable federal financial institution.
- 412:3-607 Conversion from federal to comparable Hawaii financial institution.
- 412:3-608 Conversion to another type of financial institution.
- 412:3-609 Merger or consolidation of Hawaii financial institutions.
- 412:3-610 Effect of conversion, merger, or consolidation.
- 412:3-611 Merger or consolidation of financial institution holding companies.
- 412:3-612 Acquisition of control of financial institution or financial institution holding company.
- 412:3-613 Sale or acquisition of assets and transfer or assumption of liabilities.
- 412:3-614 Sale or transfer of charter or license prohibited.
- 412:3-615 Nonconforming assets or business.
- 412:3-616 Authority for expedited conversion, merger, consolidation, acquisition, or assumption.
- 412:3-617 Voluntary cessation of business; dissolution.
- 412:3-618 Injunctions.
GENERALLY
- 412:4-100 Law applicable.
- 412:4-101 Forms of deposit.
- 412:4-102 Deposit account statements.
- 412:4-103 Statements presumed correct after one year; statute of limitations.
- 412:4-104 Federal deposit insurance required.
- 412:4-105 Accounts held in more than one name.
- 412:4-106 Fiduciary accounts.
- 412:4-107 Accounts of minors.
- 412:4-108 No notice of incapacity.
- 412:4-109 Checks drawn or transfers or withdrawals made by authorized persons.
- 412:4-110 Checks drawn or transfers or withdrawals made by intoxicated persons.
- 412:4-111 Accounts of deceased nonresidents.
- 412:4-112 Pledging of assets
PART I. GENERAL PROVISIONS PART II. POWERS OF BANKS
- 412:5-200 General powers.
- 412:5-201 Powers granted under federal law.
- 412:5-202 Membership in federal banks.
- 412:5-203 Operating subsidiaries.
- 412:5-204 Acceptances of drafts and bills of exchange.
- 412:5-205 Authority to engage in trust business.
- 412:5-205.5 Insurance and annuities powers.
- 412:5-205.6 Requirements of banks engaging in insurance activities.
- 412:5-205.7 Securities powers.
- 412:5-206 International banking facilities.
- 412:5-300 Applicability of part.
- 412:5-301 General requirements for loans.
- 412:5-302 Limitations on loans and extensions of credit to one borrower.
- 412:5-303 Loans to executive officers, directors, principal shareholders and affiliates.
- 412:5-304 General requirement for investments.
- 412:5-305 Permitted investments.
- 412:5-306 Deposits made by banks.
- 412:6-300 Applicability of part.
- 412:6-301 General requirements for loans.
- 412:6-302 Requirements and limits for certain loans.
- 412:6-303 Limitations on loans and extensions of credit to one borrower.
- 412:6-304 Loans and extensions of credit to executive officers, directors, principal shareholders and affiliates
- 412:6-305 General requirement for investments.
- 412:6-306 Permitted investments.
- 412:6-307 Deposits made by savings banks.
- 412:7-300 Applicability of part.
- 412:7-301 General requirements for loans.
- 412:7-302 Requirements and limits for certain loans.
- 412:7-303 Limitations on loans and extensions of credit to one borrower.
- 412:7-304 Loans and extensions of credit to executive officers, directors, principal shareholders and affiliates.
- 412:7-305 General requirement for investments.
- 412:7-306 Permitted investments.
- 412:7-307 Deposits made by savings and loan associations.
- 412:5-400 Definitions.
- 412:5-401 Required approval.
- 412:5-402 Procedure to obtain approval.
- 412:5-403 Examination and regulation.
- 412:5-404 Termination of authority of intra-Pacific bank.
- 412:5-405 Termination of authority of intra-Pacific bank holding company.
- 412:5-406 Paid-in capital and surplus.
- 412:5-407 Same powers and duties as banks.
- 412:5A-200 Scope and definitions.
- 412:5A-201 Application; fee; approval.
- 412:5A-202 Majority ownership by bank.
- 412:5A-203 Paid-in capital and surplus.
- 412:5A-204 Prohibition of business in United States.
- 412:5A-205 Powers and duties.
- 412:5A-206 Acceptance of deposits and reserves.
- 412:5A-207 Deposit of corporate funds.
- 412:5A-208 Limitation on investments.
- 412:5A-209 Acquisition of stock in competing corporation.
- 412:5A-210 Acquisition of stock to save a loss.
- 412:5A-211 Prohibited corporate activities.
- 412:5A-212 Improper discounting of loans.
- 412:5A-213 Improper fixing of commodity prices.
- 412:5A-214 Misrepresentation of state liability for bonds.
PART I. GENERAL PROVISIONS PART II. POWERS OF SAVINGS BANKS
- 412:6-200 General powers.
- 412:6-201 Powers granted under federal law.
- 412:6-202 Membership in federal home loan bank.
- 412:6-203 Service corporations.
- 412:6-204 Operating subsidiaries.
PART I. GENERAL PROVISIONS PART II. POWERS OF SAVINGS AND LOAN ASSOCIATIONS
- 412:7-200 General powers.
- 412:7-201 Powers granted under federal law.
- 412:7-202 Membership in federal home loan bank.
- 412:7-203 Service corporations.
- 412:7-204 Operating subsidiaries.
AND LOAN ASSOCIATIONS--REPEALED ARTICLE 8. TRUST COMPANIES
PART I. GENERAL PROVISIONS
- 412:8-100 Applicability of article.
- 412:8-101 Definitions.
- 412:8-102 Necessity for trust company charter.
- 412:8-103 Authority to serve as trustee
- 412:8-200 General powers.
- 412:8-201 Fiduciary powers.
- 412:8-202 Acting as agent.
- 412:8-203 Use of nominees.
- 412:8-204 Agreement between trust companies and banks.
- 412:8-300 Applicability of part.
- 412:8-301 Permitted investments of capital and surplus.
- 412:8-302 Deposits made by trust companies.
- 412:8-400 General requirements.
- 412:8-401 Trust funds awaiting investment.
- 412:8-402 Common trust fund investments.
- 412:8-403 Disclosure of fees.
PART I. GENERAL PROVISIONS
- 412:9-100 Definitions.
- 412:9-101 Necessity for financial services loan company license.
- 412:9-102 REPEALED.
- 412:9-103 Display of license.
- 412:9-200 General powers.
- 412:9-201 Powers that require regulatory approval.
- 412:9-202 Prohibitions.
- 412:9-300 General requirements for loans and extensions of credit.
- 412:9-301 Interest computation methods.
- 412:9-302 Interest rates.
- 412:9-303 Effect of excessive interest.
- 412:9-304 Consumer loan charges.
- 412:9-305 Open-end consumer loans.
- 412:9-306 Refunds on prepayment of a precomputed loan.
- 412:9-307 Fraction of a month.
- 412:9-308 Repayment terms.
- 412:9-309 Assignments, sale or pledge of loans.
- 412:9-400 Special powers of a depository financial services loan company.
- 412:9-401 Required reserve for a depository financial services loan company
- 412:9-402 Membership in federal home loan bank.
- 412:9-403 Service corporations
- 412:9-404 Limitations on loans and extensions of credit to one borrower
- 412:9-405 Loans and extensions of credit fully secured by real property.
- 412:9-406 REPEALED.
- 412:9-407 Limits on transactions with affiliates, executive officers, directors or principal shareholders.
- 412:9-408 General requirement for investments.
- 412:9-409 Permitted investments.
- 412:9-410 Deposits made by depository financial services loan companies.
- 412:9-500 Prohibitions.
- 412:9-501 Registration of nondepository financial services loan companies with NMLS.
PART I. GENERAL PROVISIONS
- 412:10-100 Definitions.
- 412:10-101 Necessity for credit union charter.
- 412:10-102 Capital stock or surplus.
- 412:10-103 Application for charter.
- 412:10-104 Articles and bylaws.
- 412:10-105 Disclosure of information.
- 412:10-106 Deposit and share insurance.
- 412:10-107 Grant of approval.
- 412:10-108 Denial of charter.
- 412:10-109 Membership.
- 412:10-110 Membership meetings.
- 412:10-111 Voting.
- 412:10-112 Board of directors.
- 412:10-113 No compensation of directors or committee members.
- 412:10-114 Credit committee.
- 412:10-115 Credit manager.
- 412:10-116 Loan officers.
- 412:10-117 Supervisory committee.
- 412:10-118 Record of officials.
- 412:10-119 Conflicts of interest.
- 412:10-120 Suspension or removal of officials.
- 412:10-121 Central credit unions.
- 412:10-122 Taxation.
- 412:10-123 Fiscal year.
- 412:10-124 Conducting business outside this State.
- 412:10-125 REPEALED.
- 412:10-200 General powers.
- 412:10-201 Powers granted under federal law.
- 412:10-202 Credit union service organizations.
- 412:10-203 Sale or purchase of obligations or notes.
- 412:10-204 Sale or purchase of assets.
- 412:10-300 Applicability of other provisions of this chapter.
- 412:10-301 Share accounts and membership shares.
- 412:10-302 Dividends.
- 412:10-303 Deposit accounts.
- 412:10-304 Withdrawals.
- 412:10-305 Minor accounts.
- 412:10-306 Joint accounts.
- 412:10-307 Trust accounts.
- 412:10-308 Payable-on-death accounts.
- 412:10-309 Liens.
- 412:10-310 Dormant accounts.
- 412:10-400 Applicability of part.
- 412:10-401 General requirements for loans.
- 412:10-402 Loans to members.
- 412:10-403 Interest rates.
- 412:10-404 Other charges.
- 412:10-405 Applications.
- 412:10-406 Prepayment of loan.
- 412:10-407 Limitations on obligations of one borrower.
- 412:10-408 Loans to officials.
- 412:10-409 Real estate mortgage loans.
- 412:10-410 Lines of credit.
- 412:10-411 Loans to other credit unions.
- 412:10-412 Participation loans.
- 412:10-413 Other loan programs.
- 412:10-500 Applicability of part.
- 412:10-501 General requirement for investments.
- 412:10-502 Permitted investments.
- 412:10-503 Deposits made by credit unions.
- 412:10-700 Insurance for members.
- 412:10-701 Liability insurance for officers
- 412:10-702 Group purchasing
- 412:10-703 Money-type instruments
- 412:10-704 Retirement accounts
- 412:10-800 Application of part.
- 412:10-801 Purposes.
- 412:10-802 Membership.
- 412:10-803 Organization.
- 412:10-804 Management and operation of corporate credit union.
- 412:10-805 Powers.
- 412:10-806 Participation in central system.
- 412:10-807 Collection on loans to members.
- 412:10-808 Meetings.
- 412:11-100 Applicability of article.
- 412:11-101 Registration and reporting of financial institution holding companies.
- 412:11-102 Examination of financial institution holding company.
- 412:11-103 Use of state or federal examinations.
- 412:11-104 Service of process.
- 412:11-105 Sanctions for failure to register or submit reports.
- 412:11-106 Injunctions.
MERGERS
- 412:12-100 Purpose.
- 412:12-101 Definitions.
- 412:12-102 Authority of Hawaii state banks to establish interstate branches by merger.
- 412:12-103 Authority of Hawaii state banks to establish a de novo interstate branch or acquire an interstate branch.
- 412:12-104 Authority of out-of-state banks to establish interstate branches in Hawaii by merger.
- 412:12-105 Authority of out-of-state banks to establish a de novo interstate branch or acquire an interstate branch.
- 412:12-106 No concentration limit under Hawaii state law; waiver of federal concentration limits.
- 412:12-107 Powers; additional branches.
- 412:12-108 Examinations; periodic reports; cooperative agreements; assessment of fees.
- 412:12-109 Enforcement.
- 412:12-110 Notice of subsequent merger, etc.
PART I. GENERAL
- 412:13-100 Title and purpose.
- 412:13-101 Application to existing foreign banks.
- 412:13-102 Definitions.
FOREIGN BANKS
- 412:13-200 Purpose.
- 412:13-201 Branches and agencies of foreign banks; necessity of licensure.
- 412:13-202 Application to establish and maintain a branch or agency; contents.
- 412:13-203 Application to establish and maintain a branch or agency; manner of filing and determination.
- 412:13-204 Denial of license.
- 412:13-205 Amended license to establish and maintain a branch or agency.
- 412:13-206 Application fees.
- 412:13-207 No concurrent maintenance of federal branches or agencies.
- 412:13-208 Powers of branch and agency.
- 412:13-209 Filing of amendments to articles of incorporation.
- 412:13-210 Separate assets.
- 412:13-211 Disclosure of lack of deposit insurance.
- 412:13-212 Limitations on payment of interest on deposits.
- 412:13-213 Pledge of assets.
- 412:13-214 Asset maintenance.
- 412:13-215 Representative office of foreign banks; necessity of licensure.
- 412:13-216 Representative office; application.
- 412:13-217 Representative office; factors for approval of application.
- 412:13-218 Representative office; permissible activities.
- 412:13-219 Posting of license.
- 412:13-220 Licenses not transferable.
- 412:13-221 Change of control of foreign bank.
- 412:13-222 Relocation of office; written application necessary.
- 412:13-223 Examination; payment of fees.
- 412:13-224 Supervision and enforcement.
- 412:13-225 Reports.
- 412:13-226 Books, accounts, and records.
- 412:13-227 Voluntary closure of branch, agency, or representative office; application.
- 412:13-228 Suspension or revocation of license; grounds; procedures.
- 412:13-229 Immediate suspension or revocation.
- 412:13-230 Seizure of foreign bank's property and business; liquidation.
Revision Note
Chapter heading added by revisor.
Cross References
Money transmitters act, see chapter 489D.
Secure and fair enforcement for mortgage licensing act, see chapter 454F.
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
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