§247-6  Certificate of conveyance required. 
(a)  Any party, with the exception of governmental bodies, agencies, or
officers, to a document or instrument subject to this chapter, or the party's
authorized representative, shall file, in the manner and place which the
director of taxation shall prescribe, a certificate of conveyance setting forth
the actual and full consideration of the property transferred, including any
lien or encumbrance on the property, and such other facts as the director may
by rules prescribe.  The certificate of conveyance shall be verified by a
written declaration thereon that the statements made therein are subject to the
penalties in section 231-36.  The certificate shall be appended to the document
or instrument made subject to this chapter and shall be filed with the director
simultaneously with the aforementioned document or instrument for the
imprinting of the required seal or seals.



(b)  No certificate is required to be filed for
any document or instrument made exempt by section 247-3, except that in the
following situations, a certificate shall be filed in the manner and place
which the director shall prescribe, within ninety days after the transaction or
prior to the recordation or filing of the document or instrument with the
registrar of conveyances or the assistant registrar of the land court or after
such period, recordation, or filing as the director shall prescribe:



(1)  In the case of any document or instrument
described under section 247-3(3), any party to the document or instrument shall
file a certificate declaring that the document or instrument merely confirms or
corrects a deed, lease, sublease, assignment, transfer, or conveyance
previously recorded or filed.



(2)  In the case of any document or instrument described
under section 247-3(4), any party to the document or instrument shall file a
certificate declaring the amount of the nominal consideration paid and marital
or parental relationship of the parties.



(3)  In the case of any document or instrument
described under section 247-3(5), any party to the document or instrument shall
file a certificate declaring the reasons why the consideration is $100 or less.



(4)  In the case of any document or instrument
described in section 247-3(6), any party to the document or instrument shall
file a certificate declaring that the document or instrument is made pursuant
to an agreement of sale, and where applicable, an assignment or assignments of
agreements of sale.



(5)  In the case of any document or instrument
described under section 247-3(8), any person made a party to the document or
instrument as grantee, assignee, or transferee shall file a certificate
declaring the full and actual consideration of the property transferred.



(6)  In the case of any document or instrument
described under section 247-3(11), any party to the document or instrument
shall file a certificate declaring each owner's:



(A)  Undivided interest in the real property
and the value of that interest before partition; and



(B)  Proportionate interest and the value of
that interest after partition.



(7)  In the case of any document or instrument
described under section 247-3(12), any party to the document or instrument
shall file a certificate declaring that the document or instrument is made
pursuant to an order of the court and containing the court case number.



(8)  In the case of any document or instrument
described under section 247-3(13), any party to the document or instrument
shall file a certificate declaring that the document or instrument conveys real
property from a testamentary trust to a trust beneficiary.



(9)  In the case of any document or instrument
described under section 247-3(14), any party to the document or instrument
shall file a certificate declaring that the document or instrument conveys real
property from the grantor to a grantor's revocable living trust or from a
grantor's revocable living trust to the grantor.



(c)  The form of the certificate and the
procedure to be followed for the submission of the certificate shall be
prescribed by the director.



(d)  Notwithstanding the foregoing, where the
director deems it impracticable to require the filing of a certificate or
certificates or to obtain the signatures of any or all parties to a certificate
or certificates required under this section, the director may, in the
director's discretion, waive the requirement of filing the certificate or
certificates or of securing the signature of any or all parties to the
certificate or certificates.



(e)  No document or instrument, on account of
which a certificate is required to be filed with the office of the director
under this section, shall be accepted for recordation or filing with the
registrar of conveyances or the assistant registrar of the land court, unless
the certificate has been duly filed. [L 1966, c 10, pt of §1; am L 1967, c 293,
§2; HRS §247-6; am L 1968, c 5, §§11 to 15; am L 1983, c 286, §1; gen ch 1985;
am L 1993, c 195, §4; am L 1995, c 92, §18]



 



Cross References



 



  Bureau of
conveyances, recording, see chapter 502.



  Land court
registration, see chapter 501.



 



Rules of Court



 



  Recordation, see RLC
rule 66.