Hawaii Revised Statutes
485A. Uniform Securities Act
485A-801 Definitions.

§485A-801 Definitions. As used in this part, unless the context otherwise requires:
"Elder" means an individual sixty-two years of age or older.
"Financial exploitation" means:
(1) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elder or a vulnerable adult; or
(2) Any act or omission by a person, including through the use of a power of attorney, guardianship, or conservatorship of an elder or a vulnerable adult, to:
(A) Obtain control through deception, intimidation, or undue influence over the elder's or vulnerable adult's money, assets, or property to deprive the elder or vulnerable adult of the ownership, use, benefit, or possession of the elder's or vulnerable adult's money, assets, or property; or
(B) Convert money, assets, or property of the elder or vulnerable adult to deprive the elder or vulnerable adult of the ownership, use, benefit, or possession of the elder's or vulnerable adult's money, assets, or property.
"Qualified person" means any agent, broker-dealer, investment adviser representative, investment adviser, or person who serves in a supervisory or compliance capacity for a broker-dealer or an investment adviser.
"Reasonably associated individual" means any person known to the qualified person to be reasonably associated with the elder, vulnerable adult, or account.
"Vulnerable adult" means a person eighteen years of age or older who, because of mental, developmental, or physical impairment, is unable to:
(1) Communicate or make responsible decisions to manage the person's own care or resources;
(2) Carry out or arrange for essential activities of daily living; or
(3) Protect oneself from abuse. [L 2021, c 54, pt of §1]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 26. Trade Regulation and Practice

485A. Uniform Securities Act

485A-101 Short title.

485A-102 Definitions.

485A-103 References to federal statutes.

485A-104 References to federal agencies.

485A-105 Electronic records and signatures.

485A-201 Exempt securities.

485A-202 Exempt transactions.

485A-203 Additional exemptions and waivers.

485A-204 Denial, suspension, revocation, condition, or limitation of exemptions.

485A-301 Securities registration requirement.

485A-302 Notice filing.

485A-303 Securities registration by qualification.

485A-304 Securities registration filings.

485A-305 Denial, suspension, and revocation of securities registration.

485A-306 Waiver and modification.

485A-401 Broker-dealer registration requirement and exemptions.

485A-402 Agent registration requirement and exemptions.

485A-403 Investment adviser registration requirement and exemptions.

485A-404 Investment adviser representative registration requirement and exemptions.

485A-405 Federal covered investment adviser notice filing requirement.

485A-406 Registration by broker-dealer, agent, investment adviser, and investment adviser representative.

485A-407 Succession and change in registration of broker-dealer or investment adviser.

485A-408 Termination of employment or association of agent and investment adviser representative; transfer of employment or association.

485A-409 Withdrawal of registration of broker-dealer, agent, investment adviser, and investment adviser representative.

485A-410 Filing fees.

485A-411 Postregistration requirements.

485A-412 Denial, revocation, suspension, withdrawal, restriction, condition, or limitation of registration.

485A-501 General fraud.

485A-502 Prohibited conduct in providing investment advice.

485A-503 Evidentiary burden.

485A-504 Filing of sales and advertising literature.

485A-505 Misleading filings.

485A-506 Misrepresentations concerning registration or exemption.

485A-507 Qualified immunity.

485A-508 Criminal penalties.

485A-509 Civil liability.

485A-510 Rescission offers.

485A-601 Commissioner of securities.

485A-602 Investigations and subpoenas.

485A-603 Civil enforcement.

485A-603.5 Additional civil penalties for securities violations committed against elders.

485A-604 Administrative enforcement.

485A-604.5 Additional administrative penalties for securities violations committed against elders. If a person commits a violation under this chapter and the violation is directed toward, targets, or is committed against a person who at the time of t...

485A-605 Venue.

485A-606 Rules, forms, orders, interpretative opinions, and hearings.

485A-607 Administrative files and opinions.

485A-608 Public records; confidentiality.

485A-609 Appeals to court, first circuit; time; bonds; costs; decree; further appeal.

485A-610 Service of process.

485A-701 Application of act to existing proceeding and existing rights and duties.

485A-801 Definitions.

485A-802 Governmental disclosures.

485A-803 Immunity for governmental disclosures.

485A-804 Third-party disclosures.

485A-805 Immunity for third-party disclosures.

485A-806 Delaying disbursements or transactions.

485A-807 Immunity for delaying disbursements or transactions.

485A-808 Records.

485A-809 Multiple duties to report.