§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
Title 26. Trade Regulation and Practice
485A-103 References to federal statutes.
485A-104 References to federal agencies.
485A-105 Electronic records and signatures.
485A-203 Additional exemptions and waivers.
485A-204 Denial, suspension, revocation, condition, or limitation of exemptions.
485A-301 Securities registration requirement.
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-407 Succession and change in registration of broker-dealer or investment adviser.
485A-411 Postregistration requirements.
485A-502 Prohibited conduct in providing investment advice.
485A-504 Filing of sales and advertising literature.
485A-506 Misrepresentations concerning registration or exemption.
485A-601 Commissioner of securities.
485A-602 Investigations and subpoenas.
485A-603.5 Additional civil penalties for securities violations committed against elders.
485A-604 Administrative enforcement.
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-701 Application of act to existing proceeding and existing rights and duties.
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.