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HAWAII STATUTES AND CODES

§414-431 - Authority to transact business required.

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PART XVI.  FOREIGN CORPORATIONS A.  Certificate of Authority      [§414-431]  Authority to transact business required.  (a)  A foreign corporation may not transact business in this State until it obtains a certificate of authority from the department director.      (b)  The following activities, among others, do not constitute transacting business within the meaning of subsection (a):      (1)  Maintaining, defending, or settling any proceeding;      (2)  Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs;      (3)  Maintaining bank accounts;      (4)  Maintaining offices or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositories with respect to those securities;      (5)  Selling through independent contractors;      (6)  Soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this State before they become contracts;      (7)  Creating as borrower or lender, or acquiring, as borrower or lender, indebtedness, mortgages, and security interests in real or personal property;      (8)  Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;      (9)  Owning, without more, real or personal property;     (10)  Conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature; and     (11)  Transacting business in interstate commerce.      (c)  The list of activities in subsection (b) is not exhaustive. [L 2000, c 244, pt of §1]
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  • PART XVI.  FOREIGN CORPORATIONS

     

    A.  Certificate of Authority

     

         [§414-431]  Authority to transact business required.  (a)  A foreign corporation may not transact business in this State until it obtains a certificate of authority from the department director.

         (b)  The following activities, among others, do not constitute transacting business within the meaning of subsection (a):

         (1)  Maintaining, defending, or settling any proceeding;

         (2)  Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs;

         (3)  Maintaining bank accounts;

         (4)  Maintaining offices or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositories with respect to those securities;

         (5)  Selling through independent contractors;

         (6)  Soliciting or obtaining orders, whether by mail or through employees or agents or otherwise, if the orders require acceptance outside this State before they become contracts;

         (7)  Creating as borrower or lender, or acquiring, as borrower or lender, indebtedness, mortgages, and security interests in real or personal property;

         (8)  Securing or collecting debts or enforcing mortgages and security interests in property securing the debts;

         (9)  Owning, without more, real or personal property;

        (10)  Conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like nature; and

        (11)  Transacting business in interstate commerce.

         (c)  The list of activities in subsection (b) is not exhaustive. [L 2000, c 244, pt of §1]

     

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