Chapters
CHAPTER 412 [CODE OF FINANCIAL INSTITUTIONS]
Contents
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
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 Hawaii financial institutions; fees; penalty
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
412:2-200 Examinations
412:2-201 Use of federal examinations
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;
412:2-611 Action to recover administrative fines; deposit to compliance resolution fund
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
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
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
412:3-600 Applicability of this part
412:3-601 No conversions, mergers, consolidations, acquisitions, assumptions, voluntary cessations of
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
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
412:5-100 Definition
412:5-101 Necessity for bank charter
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
412:5-400 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-100 Applicability of other provisions of this chapter
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
412:5A-300 to 316 Repealed
412:6-100 Definition
412:6-101 Necessity for savings bank charter
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
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
412:6-305 General requirement for investments
412:6-306 Permitted investments
412:6-307 Deposits made by savings banks
412:7-100 Definition
412:7-101 Necessity for savings and loan association charter
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
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
412:7-305 General requirement for investments
412:7-306 Permitted investments
412:7-307 Deposits made by savings and loan associations
412:7-400 to 408 Repealed
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
412:9-100 Definitions
412:9-101 Necessity for financial services loan company license
412:9-102 Annual license fee
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
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 Credit union advisory board
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
412:10-600 Regular reserve
412:10-601 Special reserves
412:10-602 Risk assets
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
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
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
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
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.
412:13-100 Title and purpose
412:13-101 Application to existing foreign banks
412:13-102 Definitions
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
412:13-300 Purposes
412:13-301 Establishment of interstate branches in this State by out-of-state foreign banks
412:14-100 Automated teller machine fees
§412:3-115
REPEALED.
L 2006, c 228, §47.