Hawaii StatutesTITLE 22 - BANKS AND FINANCIAL INSTITUTIONS
- CHAPTER 401 - COMMISSIONER OF FINANCIAL INSTITUTIONS
- CHAPTER 402 - FIDUCIARIES AND INVESTMENTS
- CHAPTER 403 - HAWAII BANK ACT
- CHAPTER 404 - BANK MERGERS
- CHAPTER 405 - INTERNATIONAL AND FOREIGN BANKING BY HAWAII CORPORATIONS
- CHAPTER 405A - INTERNATIONAL BANKING FACILITIES
- CHAPTER 405D - FOREIGN BANKS
- CHAPTER 406 - TRUST COMPANIES
- CHAPTER 407 - SAVINGS AND LOAN ASSOCIATIONS
- CHAPTER 408 - FINANCIAL SERVICES LOAN COMPANIES
- CHAPTER 408A - INDUSTRIAL LOAN COMPANY GUARANTY ACT
- CHAPTER 409 - SMALL LOAN COMPANIES
- CHAPTER 410 - STATE CHARTERED CREDIT UNIONS
- CHAPTER 411 - EMERGENCY ACQUISITION OF FINANCIAL INSTITUTIONS
- CHAPTER 412 - [CODE OF FINANCIAL INSTITUTIONS]
- §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.
- §412:2-101 - 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 and assessments.
- §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.
- §412:2-606.5 - Financial institution name fraud.
- §412:2-606 - Witness; failure to testify or produce records.
- §412:2-607 - Deception; false statements.
- §412:2-608 - Misapplication of funds.
- §412:2-609.5 - Imposition of administrative fines on persons who are not Hawaii financial institutions; assessment.
- §412:2-609 - Imposition of administrative fines; assessment.
- §412:2-610 - Compromise or modification of administrative fines; determining amount of fine; hearing.
- §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.
- §412:3-111.5 - Request for information by the commissioner.
- §412:3-111 - Maintenance of books and records.
- §412:3-112 - Submissions to commissioner.
- §412:3-113 - REPEALED.
- §412:3-114.5 - Mandatory reporting of suspected financial abuse of an elder.
- §412:3-114 - Duty to report illegal acts.
- §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.
- §412:3-306 - .
- §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 business, or voluntary dissolutions except pursuant to this part.
- §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.
- §412-0003-0608
- §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 - .
- §412:5-205.7 - Securities powers.
- §412:5-205 - Authority to engage in trust business.
- §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.
- §412-0006-0304
- §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 affiliates.
- §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 - Limitation 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.
- §412:10-100 - 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 holding companies.
- §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 branch.
- §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 branch.
- §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.