§485A-806 Delaying disbursements or transactions. (a) A qualified person may delay a disbursement from, or a transaction in connection with, an account of an elder or a vulnerable adult, or an account on which an elder or a vulnerable adult is a beneficiary, if:
(1) The qualified person reasonably believes that the requested disbursement or transaction may result in financial exploitation of the elder or vulnerable adult after initiating an internal review of the requested disbursement or transaction and the suspected financial exploitation; and
(2) The qualified person:
(A) Immediately, but in no event more than two business days after the requested disbursement or transaction is delayed, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless any party is reasonably believed to have engaged in suspected or attempted financial exploitation of the elder or vulnerable adult;
(B) Immediately, but in no event more than two business days after the requested disbursement or transaction is delayed, notifies the commissioner; and
(C) Continues its internal review of the suspected or attempted financial exploitation of the elder or vulnerable adult, as necessary, and provides status updates to the commissioner upon request.
(b) Any delay of a requested disbursement or transaction as authorized by this section shall expire upon the sooner of:
(1) A determination by the qualified person that the requested disbursement or transaction will not result in financial exploitation of the elder or vulnerable adult; or
(2) Fifteen business days after the date on which the qualified person first delayed the requested disbursement or transaction, unless the commissioner requests that the qualified person extend the delay, in which case the delay shall expire no later than twenty-five business days after the date on which the qualified person first delayed the requested disbursement or transaction, unless sooner terminated or further extended by the commissioner or by an order of a court of competent jurisdiction.
(c) A court of competent jurisdiction may enter an order extending the delay of the requested disbursement or transaction, or may order other protective relief based on the petition of the commissioner, the qualified person who initiated the delay under this section, or other interested party. [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.