§247-6  Certificate of conveyance required. (a)  Any party, with the exception of governmental bodies, agencies, orofficers, to a document or instrument subject to this chapter, or the party'sauthorized representative, shall file, in the manner and place which thedirector of taxation shall prescribe, a certificate of conveyance setting forththe actual and full consideration of the property transferred, including anylien or encumbrance on the property, and such other facts as the director mayby rules prescribe.  The certificate of conveyance shall be verified by awritten declaration thereon that the statements made therein are subject to thepenalties in section 231-36.  The certificate shall be appended to the documentor instrument made subject to this chapter and shall be filed with the directorsimultaneously with the aforementioned document or instrument for theimprinting of the required seal or seals.

(b)  No certificate is required to be filed forany document or instrument made exempt by section 247-3, except that in thefollowing situations, a certificate shall be filed in the manner and placewhich the director shall prescribe, within ninety days after the transaction orprior to the recordation or filing of the document or instrument with theregistrar of conveyances or the assistant registrar of the land court or aftersuch period, recordation, or filing as the director shall prescribe:

(1)  In the case of any document or instrumentdescribed under section 247-3(3), any party to the document or instrument shallfile a certificate declaring that the document or instrument merely confirms orcorrects a deed, lease, sublease, assignment, transfer, or conveyancepreviously recorded or filed.

(2)  In the case of any document or instrument describedunder section 247-3(4), any party to the document or instrument shall file acertificate declaring the amount of the nominal consideration paid and maritalor parental relationship of the parties.

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

(4)  In the case of any document or instrumentdescribed in section 247-3(6), any party to the document or instrument shallfile a certificate declaring that the document or instrument is made pursuantto an agreement of sale, and where applicable, an assignment or assignments ofagreements of sale.

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

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

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

(B)  Proportionate interest and the value ofthat interest after partition.

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

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

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

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

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

(e)  No document or instrument, on account ofwhich a certificate is required to be filed with the office of the directorunder this section, shall be accepted for recordation or filing with theregistrar of conveyances or the assistant registrar of the land court, unlessthe 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 ofconveyances, recording, see chapter 502.

  Land courtregistration, see chapter 501.

 

Rules of Court

 

  Recordation, see RLCrule 66.