§412:3-610  Effect of conversion,
merger, or consolidation.  (a)  A Hawaii financial institution or federal
financial institution resulting from a conversion, merger, or consolidation
pursuant to this part continues the corporate entities of each converting or
participating institution and shall be deemed to be continuing the same
business of each converting or participating institution carried on prior to
the conversion, merger, or consolidation with all of the property, rights,
powers, and duties of each converting or participating institution, except as
affected by the law of this State in the case of a resulting Hawaii financial
institution or by federal law in the case of a resulting federal financial
institution, and by the articles of incorporation, charter, and bylaws of the
resulting institution.  No assignment, deed, conveyance, or other instrument of
transfer need be executed in order for the resulting institution to maintain
the title, rights, and powers held by the converting or participating institutions. 
The rights of any creditor or obligee of a converting or participating
institution prior to any conversion, merger, or consolidation shall not be
affected by such conversion, merger, or consolidation.



(b)  A resulting institution shall have the
right to use the names of the converting or participating institutions for all
legal purposes, including the recordation and filing of documents pursuant to
chapters 501 and 502, whenever it can do any act under that name more
conveniently.  Any reference to a converting or participating institution in
any writing, whether executed or taking effect before or after the conversion,
merger, or consolidation, shall be deemed a reference to the resulting
institution if not inconsistent with the other provisions of the writing. 
Provided, however, that the resulting institution shall not use a name in its
signage, advertising, or other promotional materials in a manner that suggests
or might tend to lead others into believing that it is a different type of financial
institution.



(c)  Except to the extent inconsistent with
this part or in contravention of federal law, sections 414-315(b) and 414-316
shall be applicable to any merger or consolidation under this part.



(d)  If a
converting or participating institution is a trust company or a bank that
is authorized to do a trust business, the
resulting institution, by operation of law and without further court order,
transfer, substitution, act, or deed shall succeed to the rights, properties,
assets, investments, deposits, demands, agreements, and trusts of the
converting or participating institutions under all trusts, personal
representations, executorships, administrations, guardianships, agencies, and
all other fiduciary or representative capacities as though the resulting
institution had originally assumed the same and shall succeed to and be
entitled to take and execute the appointment to all trusteeships, personal
representations, executorships, guardianships, conservatorships, and other
fiduciary and representative capacities to which the converting or
participating institution may be named or is thereafter named in wills, whether
probated before or after the conversion, merger, or consolidation, or to which
it is or may be named or appointed by any other instrument. [L 1993, c
350, pt of §1; am L 2002, c 40, §26; am L 2006, c 228, §28]