Hawaii Revised Statutes
412. Code of Financial Institutions
412:3-603 Procedure for applications pursuant to this part.

§412:3-603 Procedure for applications pursuant to this part. Whenever the written approval of the commissioner is required with respect to any transaction covered by this part, the following procedures shall apply:
(1) An application for approval by the commissioner pursuant to this part shall be on a form prescribed by the commissioner and shall contain any information, data, and records as the commissioner may require, and shall be accompanied by a nonrefundable application fee assessed pursuant to section 412:2-105.2. As far as possible consistent with the effective discharge of the commissioner's responsibilities, the commissioner shall prescribe the use of forms currently prescribed by the appropriate federal regulatory agency of financial institutions and financial institution holding companies for identical or similar types of transactions;
(2) If any material change occurs in the facts set forth in an application, or if for any other reason the applicant desires to amend the application, an amendment setting forth any change, together with copies of all documents and other material relevant to the change, shall be filed with the commissioner. Within twenty days after receiving an application or any amendment thereto, the commissioner may request any additional information necessary in deciding whether to approve a proposed transaction pursuant to this part. The applicant shall submit the additional information in a reasonable time thereafter, as may be specified by the commissioner;
(3) If the commissioner would approve a plan of conversion, merger, or consolidation, an acquisition of assets or assumption of liabilities, an acquisition of control, or a voluntary cessation of business or voluntary dissolution, but on terms different than contained in the application, the commissioner may give notice to the applicant of the nature of the changes that would be approved, and the applicant may submit an amended application;
(4) If the commissioner intends to disapprove an application, the commissioner shall deliver to the applicant a written notice of the intent to disapprove. Within ten days after receipt of the commissioner's notice of intent to disapprove an application, the applicant may request an administrative hearing, to be held in accordance with chapter 91. If no request for a hearing is made, the commissioner's disapproval shall become final. If after the hearing the commissioner finally disapproves the application, the applicant may, within thirty days of the date of the final decision, appeal to the circuit court as provided in chapter 91;
(5) Notwithstanding any other provision of this part, any complete application that is not approved or denied by the commissioner within a period of sixty days after the application is filed with the commissioner or, if the applicant consents to an extension of the period within which the commissioner may act, within the extended period, shall be deemed to be approved by the commissioner as of the first day after the period of sixty days or the extended period. If the commissioner gives notice of an informational and comment proceeding on the application, the sixty-day period shall be extended to a date as may be fixed by order of the commissioner. For purposes of this section, an application is deemed to be filed with the commissioner at the time when the complete application, including any amendments or supplements, containing all of the information in the form required by the commissioner, is received and accepted by the commissioner; and
(6) Any applicant submitting information to the commissioner pursuant to this part may request that the information, or any part thereof, be kept confidential. The request shall be made in writing and shall set forth the specific items sought to be kept confidential and the reasons and authority for the confidential treatment. The commissioner may, pursuant to a request or otherwise, determine that good cause exists to keep some or all of the information confidential, and shall keep the information confidential and not subject to public disclosure. In connection with an application for the acquisition of control pursuant to section 412:3-612, the commissioner may release information to the affected financial institution or financial institution holding company with a directive that some or all of the information be kept confidential. [L 1993, c 350, pt of §1; am L 1994, c 107, §12; am L 2013, c 172, §18]
Rules of Court
Appeals, see HRCP rule 72.

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 22. Banks and Financial Institutions

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.

412:2-100.5 Powers of the commissioner.

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.

412:2-105.1 REPEALED.

412:2-105.2 Hawaii financial institutions; assessments; fees; penalty.

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 Witness; failure to testify or produce records.

412:2-606.5 Financial institution name fraud.

412:2-607 Deception; false statements.

412:2-608 Misapplication of funds.

412:2-609 Imposition of administrative fines; assessment.

412:2-609.5 Imposition of administrative fines on persons who are not Hawaii financial institutions; 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 Maintenance of books and records.

412:3-111.5 Request for information by the commissioner.

412:3-112 Submissions to commissioner.

412:3-113 REPEALED.

412:3-114 Duty to report illegal acts.

412:3-114.5 Mandatory reporting of suspected financial abuse of an elder.

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.

412:3-209 Paid-in capital and surplus.

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.

412:3-608 Conversion to another type of financial institution.

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.

412:4-113 Savings promotion or prize-linked savings contest.

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 Authority to engage in trust business.

412:5-205.5 Insurance and annuities powers. (a) With the prior written approval of the commissioner, and subject to the limitations set forth in this section and section 412:5-205.6 and to any conditions the commissioner may impose, any bank organize...

412:5-205.6 Requirements of banks engaging in insurance activities. (a) Pursuant to section 412:5-205.5 a bank may engage in insurance underwriting if the following requirements are met: (1) The insurance underwriting activities shall be conducted in...

412:5-205.7 Securities powers. (a) With the prior written approval of the commissioner, and subject to the limitations set forth in this section and to any conditions the commissioner may impose, any bank organized under the laws of the State, at the...

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.

412:6-300 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.

412:6-304 Loans and extensions of credit to executive officers, directors, principal shareholders and affiliates

412:6-305 General requirement for investments.

412:6-306 Permitted investments.

412:6-307 Deposits made by savings banks.

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.

412:5-400 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.

412:7-100 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.

412:7-400 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.

412:8-500 Powers and duties.

412:9-100 Definitions.

412:9-101 Necessity for financial services loan company license.

412:9-102 REPEALED.

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 Limitations 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.

412:9-501 Registration of nondepository financial services loan companies with NMLS.

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 REPEALED.

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.