§484-5  Application for registration. 
(a)  The application for registration of subdivided lands shall be filed in
accordance with this chapter and rules adopted by the director pursuant to
chapter 91, and shall contain the following documents and information:



(1)  An irrevocable appointment of the director to
receive service of any lawful process in any noncriminal proceeding arising
under this chapter against the applicant or the applicant's personal
representative;



(2)  A map or maps of the subdivided lands offered for
registration showing the name and location of the subdivided lands, the
division proposed or made, the topographic features of the lands, and the land
area of the lots, parcels, units, or interests and the relation of the
subdivided lands to existing and proposed streets, roads, easements, and other
off-site improvements;



(3)  The states or jurisdictions in which an
application for registration or similar document has been filed, and any
adverse order, judgment, or decree entered in connection with the subdivided
lands by the regulatory authorities in each jurisdiction or by any court;



(4)  The applicant's name, address, and the form,
date, jurisdiction of organization, current evidence of being admitted to
conduct business in this State, and the address of each of the applicant's
offices in this State;



(5)  The name, address, and principal occupation for
the past five years of every director and officer of the applicant or person
occupying a similar status or performing similar functions, including, but not
limited to, every director and officer of the managing general partner of a
partnership; and the extent and nature of the director's and officer's or
person's interest in the applicant or the subdivided lands as of a specified
date within thirty days of the filing of the application;



(6)  A statement, in a form acceptable to the
director, of the condition of the title to the subdivided lands containing a
legal description of the subdivided lands offered for registration, including
all encumbrances thereon, as of a specified date within thirty days of the date
of application by a title report prepared by a title company authorized to do
business in the State of Hawaii, or by a title opinion of a licensed attorney,
not a salaried employee, officer, or director of the applicant or owner, or by
other evidence of title acceptable to the director;



(7)  Copies of the instruments which will be delivered
to a purchaser to evidence the purchaser's interest in the subdivided lands and
copies of the contracts and other agreements which a purchaser will be required
to agree to or sign;



(8)  Copies of the instruments by which the interest
in the subdivided lands was acquired by the subdivider and a statement of all
liens or encumbrances upon the subdivider's title to the subdivided lands, and
copies of the instruments creating the liens or encumbrances, if any, with data
as to recording;



(9)  If there is a monetary lien or encumbrance
affecting more than one lot, parcel, unit, or interest, a statement of the
consequences to a purchaser in the event of a failure to discharge the lien or
encumbrance and the steps, if any, taken to protect the purchaser in case of
this eventuality;



(10)  Copies of instruments creating easements,
restrictions, or other encumbrances, and a statement describing all proposed
easements, restrictions, or other encumbrances, affecting the subdivided lands;



(11)  A statement of any existing tax and existing or
proposed special taxes or assessments which affect the subdivided lands and evidence
that all current taxes and assessments have been paid;



(12)  A statement of the existing provisions for
access, sewage disposal, water, and other public utilities in the subdivision;
a statement of the improvements to be installed, the completion schedule, and a
statement as to the provisions for improvement maintenance;



(13)  A narrative description of the promotional plan
for the disposition of the subdivided lands together with copies of all
advertising material which have been prepared for public distribution by any
means of communication, or a statement that no such advertising materials have
been produced as of the date of application;



(14)  The proposed public offering statement and a copy
of the receipt for the public offering statement;



(15)  An executed copy of the escrow agreement between
the subdivider and a bank, savings and loan association, trust company
authorized to do business in the State under an escrow arrangement, or a
corporation licensed as an escrow depository under chapter 449; which
agreement:



(A)  Provides that all funds and instruments
received from purchasers or prospective purchasers shall be held by the escrow
agent in accordance with this chapter and any rules adopted by the director
pursuant to chapter 91;



(B)  Complies with the requirements of this
chapter and any rules adopted by the director pursuant to chapter 91; and



(C)  Contains a statement that no disbursement
shall be made from the escrow account to or on behalf of the subdivider until
the director enters a final order registering the subdivided land and until the
requirements of sections 484-8.6(b) and (c) and 484-8.7 are met;



(16)  Any other documents or information, including any
current financial statement, which the director by the director's rules requires:



(A)  For the protection of purchasers; or



(B)  To obtain, or as a result of having
obtained, certification of Hawaii law by the Secretary of the Department of
Housing and Urban Development pursuant to 15 United States Code section 1708;



(17)  A statement which indicates the existing zoning
and the land use designation of each lot and the proposed use of each lot in
the subdivision, including, without limitation, such uses as roadway lots,
residential dwellings, churches, agriculture, hospitals, schools, low density
apartments, high density apartments and hotels, and a subdivision map which
shows such information;



(18)  If federal registration is required, the date of
registration (date of filing if pending registration) and a copy of the
"Statement of Record";



(19)  A letter of preliminary or final subdivision
approval, or both, from the county or other appropriate jurisdiction;



(20)  A description of a road maintenance fund or any
other maintenance fund that may have been established by the developer;



(21)  A specimen of a receipt for the written notice
advising of the purchaser's right to rescind a contract within seven days after
signing the contract, without penalty to the purchaser;



(22)  An executed copy of a listing agreement between
the subdivider and a real estate broker duly licensed and in good standing
under the laws of this State;



(23)  The name, address, and telephone number of the
subdivider's representative or real estate broker in this State; and



(24)  A statement that the subdivider has not, or if a
corporation, the officers, directors, and principals, or if a partnership,
general partners, have not been convicted of a crime involving land
dispositions or any aspect of land sales business in the United States or any
foreign country within the past ten years, and have not been subject to any
injunction or administrative order within the past ten years restraining a
false or misleading promotional plan involving land dispositions.



(b)  If the subdivider registers additional
subdivided lands to be offered for disposition, the subdivider may consolidate
or incorporate by reference the subsequent registration with any earlier
registration offering subdivided lands for disposition under the same common
promotional plan if the subdivider files an application for the subsequent
registration within two years after a final order of registration has been
issued in connection with the earlier registration.



(c)  The application shall be submitted with
payment of the appropriate registration and consultant fees and inspection
expenses.



(d)  The subdivider shall immediately report
any material changes in the information contained in any application for
registration. [L 1967, c 223, §5; HRS §484-5; am L 1970, c 47, §1; am L 1983, c
175, §4; gen ch 1985; am L 1992, c 132, §4; am L 2008, c 19, §52]