reglab/housing_qa huggingface dataset:
HI Rev Stat § 485A-407 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-407 Succession and change in registration of broker-dealer or investment adviser.

  §485A-407 Succession and change in registration of broker-dealer or investment adviser. (a) A broker-dealer or investment adviser may succeed to the current registration of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser, and a federal covered investment adviser may succeed to the current registration of an investment adviser or notice filing of another federal covered investment adviser, by filing as a successor an application for registration pursuant to section 485A-401 or 485A-403 or a notice pursuant to section 485A-405 for the unexpired portion of the current registration or notice filing.  (b) A broker-dealer or investment adviser that changes its form of organization or state of incorporation or organization may continue its registration by filing an amendment to its registration if the change does not involve a material change in its financial condition or management. The amendment becomes effective when filed or on a date designated by the registrant in its filing. The new organization shall be a successor to the original registrant for the purposes of this chapter. If there is a material change in financial condition or management, the broker-dealer or investment adviser shall file a new application for registration. A predecessor registered under this chapter shall stop conducting its securities business other than winding down transactions and shall file for withdrawal of broker-dealer or investment adviser registration within forty-five days after filing its amendment to effect succession.  (c) A broker-dealer or investment adviser that changes its name may continue its registration by filing an amendment to its registration statement and providing any other information that the commissioner determines is appropriate by rule adopted or order issued under this chapter. The amendment becomes effective when filed or on a date designated by the registrant.  (d) A change of control of a broker-dealer or investment adviser may be made in accordance with a rule adopted or order issued under this chapter. [L 2006, c 229, pt of §1]
HI Rev Stat § 485A-409 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-409 Withdrawal of registration of broker-dealer, agent, investment adviser, and investment adviser representative.

  §485A-409 Withdrawal of registration of broker-dealer, agent, investment adviser, and investment adviser representative. The withdrawal of registration by a broker-dealer, agent, investment adviser, or investment adviser representative becomes effective sixty days after the filing of the application to withdraw or within any shorter period as provided by rule adopted or order issued under this chapter unless a revocation or suspension proceeding is pending when the application is filed. If a revocation or suspension proceeding is pending, withdrawal becomes effective when and upon such conditions as required by rule adopted or order issued under this chapter. The commissioner may institute a revocation or suspension proceeding under section 485A-412 within one year after the withdrawal became effective and issue a revocation or suspension order as of the last date on which registration was effective. [L 2006, c 229, pt of §1]
HI Rev Stat § 485A-410 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-410 Filing fees.

  §485A-410 Filing fees. (a) A person shall pay a fee of $200 when initially filing an application for registration as a broker-dealer and a fee of $200 when filing a renewal of registration as a broker-dealer.  (b) The fee for an individual is $50 when filing an application for registration as an agent, a fee of $50 when filing a renewal of registration as an agent, and a fee of $50 when filing for a transfer of registration as an agent.  (c) A person shall pay a fee of $100 when filing an application for registration as an investment adviser and a fee of $100 when filing a renewal of registration as an investment adviser.  (d) The fee for an individual is $50 when filing an application for registration as an investment adviser representative, a fee of $50 when filing a renewal of registration as an investment adviser representative, and a fee of $50 when filing for a transfer of registration as an investment adviser representative.  (e) A federal covered investment adviser required to file a notice under section 485A-405 shall pay an annual fee of $100.  (f) A person required to pay a fee under this section may transmit the fee through or to a designee of the commissioner as provided in a rule adopted or order issued under this chapter.  (g) The fee for copies of documents filed in the office of the commissioner shall be 25 cents per page. [L 2006, c 229, pt of §1]
HI Rev Stat § 485A-501 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-501 General fraud.

   §485A-501 General fraud. (a) It shall be unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly:  (1) To employ a device, scheme, or artifice to defraud;  (2) To make an untrue statement of a material fact or to fail to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading;  (3) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person;  (4) To issue, circulate, or publish any prospectus, circular, advertisement, printed matter, document, pamphlet, leaflet, or other literature (in this chapter collectively referred to as "advertising matter"), which contains an untrue statement of a material fact or fails to state a material fact necessary to make the statements therein made, in light of the circumstances under which they are made, not misleading;  (5) To issue, circulate, or publish any advertising matter or make any written representation, unless the name of the person issuing, circulating, publishing, or making the same and the fact that the person is issuing, circulating, or making the same shall be clearly indicated thereon;  (6) To make any statement or representation or issue, circulate, or publish any advertising matter containing any statement, to the effect that the security has been in any way approved or endorsed by the commissioner; or  (7) To issue, circulate, or publish any advertising matter unless a copy thereof has been previously filed with the office of the commissioner, or unless the commissioner has by rule adopted or order issued under this chapter exempted the filing of any advertising material.  (b) Subsections (a)(5) and (7) shall not apply to any advertising matter that is covered by section 18(a) of the Securities Act of 1933 (15 U.S.C. 77), and that relates to or is used in connection with the offer or sale of a federal covered security. [L 2006, c 229, pt of §1; am L 2012, c 54, §3]
HI Rev Stat § 485A-503 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-503 Evidentiary burden.

  §485A-503 Evidentiary burden. (a) In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion shall have the burden to prove the applicability of the claim.  (b) In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion shall have the burden of going forward with evidence of the claim. [L 2006, c 229, pt of §1]
HI Rev Stat § 485A-504 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-504 Filing of sales and advertising literature.

 [ §485A-504] Filing of sales and advertising literature. (a) Except as otherwise provided in subsection (b) and section 485A-501(a)(7), a rule adopted or order issued under this chapter may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients or prospective clients of a person registered or required to be registered as an investment adviser under this chapter.  (b) This section shall not apply to sales and advertising literature specified in subsection (a) that relate to a federal covered security, a federal covered investment adviser, or a security or transaction exempted by section 485A-201, 485A-202, or 485A-203, except as required pursuant to section 485A-201(7). [L 2006, c 229, pt of §1]
HI Rev Stat § 485A-505 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-505 Misleading filings.

  §485A-505 Misleading filings. It shall be unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to fail to state a material fact necessary to make the statement made, in light of the circumstances under which it was made, not false or misleading. [L 2006, c 229, pt of §1]
HI Rev Stat § 485A-506 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-506 Misrepresentations concerning registration or exemption.

  §485A-506 Misrepresentations concerning registration or exemption. (a) The filing of an application for registration, a registration statement, a notice filing under this chapter, the registration of a person, the notice filing by a person, or the registration of a security under this chapter shall not constitute a finding by the commissioner that the record filed under this chapter is true, complete, and not misleading.  (b) The filing or registration or the availability of an exemption, exception, preemption, or exclusion for a security or a transaction does not mean that the commissioner has passed upon the merits or qualifications of, or recommended or given approval to, a person, security, or transaction.  (c) It shall be unlawful to make, or cause to be made, to a purchaser, customer, client, or prospective customer or client, a representation that is inconsistent with this section. [L 2006, c 229, pt of §1]
HI Rev Stat § 485A-507 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-507 Qualified immunity.

  §485A-507 Qualified immunity. A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative shall not be liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating to a statement that is contained in a record required by or filed with the commissioner or a designee of the commissioner, the Securities and Exchange Commission, or a self-regulatory organization, unless the person knew, or should have known at the time that the statement was made, that it was false in a material respect or the person acted in reckless disregard of the statement's truth or falsity. [L 2006, c 229, pt of §1]
HI Rev Stat § 485A-603 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-603 Civil enforcement.

  §485A-603 Civil enforcement. (a) If the commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a rule adopted or order issued under this chapter, the commissioner may maintain an action in a court of competent jurisdiction to enjoin the act, practice, or course of business, and to enforce compliance with this chapter or a rule adopted or order issued under this chapter.  (b) In an action under this section and on a proper showing, the court may:  (1) Issue a permanent or temporary injunction, restraining order, or declaratory judgment;  (2) Order other appropriate or ancillary relief, which may include:  (A) An asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator, that may be the commissioner, for the defendant or the defendant's assets;  (B) Ordering the commissioner to take charge and control of a defendant's property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property;  (C) Imposing a civil penalty up to $50,000 for a single violation;  (D) Ordering rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act; and  (E) The payment of prejudgment and postjudgment interest;  (3) Order the payment of costs and reasonable attorney's fees; and  (4) Order such other relief as the court considers appropriate.  (c) The commissioner shall not be required to post a bond in an action or proceeding under this chapter.  (d) In an action under this section, the commissioner may apply for and on due showing be entitled to have issued by the court, a subpoena requiring forthwith the appearance of any defendant and the defendant's employees, salespersons, or agents and the production of documents, books, and records as may appear necessary for the hearing of such petition to testify and give evidence concerning the acts or conduct or things complained of in the application for the injunction. [L 2006, c 229, pt of §1]
HI Rev Stat § 485A-603.5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-603.5 Additional civil penalties for securities violations committed against elders.

 §485A-603.5 Additional civil 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 the violation is sixty-two years of age or older, a court, in addition to any other civil penalty, may impose a civil penalty not to exceed $50,000 for each violation; provided that this section shall not apply to registered broker-dealers for violations of [section] 485A-412(d)(9). [L 2007, c 95, pt of §2] Cross References  Some other actions or penalties for violations committed against elders, see § §28-94, 412:3-114.5, 444-10.7, 454-4.5, 480-13, 480-13.5, 485A-604.5, and 487-14.
HI Rev Stat § 485A-604.5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|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 the violation is sixty-two years of age or older, the commissioner, in addition to any other administrative penalty, may impose an administrative penalty not to exceed $50,000 for each violation; provided that this section shall not apply to registered broker-dealers for violations of [section] 485A-412(d)(9). [L 2007, c 95, pt of §2] Cross References Some other actions or penalties for violations committed against elders, see § §28-94, 412:3-114.5, 444-10.7, 454-4.5, 480-13, 480-13.5, 485A-603.5, and 487-14.

 §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 the violation is sixty-two years of age or older, the commissioner, in addition to any other administrative penalty, may impose an administrative penalty not to exceed $50,000 for each violation; provided that this section shall not apply to registered broker-dealers for violations of [section] 485A-412(d)(9). [L 2007, c 95, pt of §2] Cross References  Some other actions or penalties for violations committed against elders, see § §28-94, 412:3-114.5, 444-10.7, 454-4.5, 480-13, 480-13.5, 485A-603.5, and 487-14.
HI Rev Stat § 485A-605 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-605 Venue.

  §485A-605 Venue. Any action brought by the commissioner under this chapter may be brought in any circuit in the State at the commissioner's discretion. Any other action under this chapter shall be brought in the circuit of the plaintiff's residence or in the circuit in which the commissioner has the commissioner's office. [L 2006, c 229, pt of §1]
HI Rev Stat § 485A-606 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-606 Rules, forms, orders, interpretative opinions, and hearings.

 [ §485A-606] Rules, forms, orders, interpretative opinions, and hearings. (a) The commissioner may adopt, amend, and repeal, pursuant to chapter 91, such rules as may be necessary to carry out the purposes of this chapter. Notwithstanding this subsection, the commissioner may adopt, amend, and repeal forms and orders necessary to implement this chapter without regard to chapter 91. No form or order shall be adopted, amended, or repealed without regard to chapter 91, unless the commissioner finds that the action is in the public interest, necessary or appropriate for the protection of investors, and consistent with the purposes of this chapter.  (b) Subject to section 15(h) of the Securities Exchange Act (15 U.S.C. 780) and section 222 of the Investment Advisers Act of 1940 (15 U.S.C. 806-18a), the commissioner may require that a financial statement filed under this chapter be prepared in accordance with generally accepted accounting principles in the United States and comply with other requirements specified by rule adopted or order issued under this chapter. A rule adopted or order issued under this chapter may establish:  (1) Subject to section 15(h) of the Securities Exchange Act (15 U.S.C. 780) and section 222 of the Investment [Advisers] Act of 1940 (15 U.S.C. 806-18a), the form and content of financial statements required under this chapter;  (2) Whether unconsolidated financial statements must be filed; and  (3) Whether required financial statements must be audited by an independent certified public accountant.  (c) The commissioner may provide interpretative opinions or issue determinations that the commissioner will not institute a proceeding or an action under this chapter against a specified person for engaging in a specified act, practice, or course of business if the determination is consistent with this chapter. A rule adopted or order issued under this chapter may establish a reasonable charge for interpretative opinions or determinations that the commissioner will not institute an action or a proceeding under this chapter.  (d) A hearing in an administrative proceeding under this chapter shall be conducted in public unless the commissioner for good cause consistent with this chapter determines that the hearing will not be so conducted. [L 2006, c 229, pt of §1]
HI Rev Stat § 485A-607 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-607 Administrative files and opinions.

  §485A-607 Administrative files and opinions. (a) The commissioner shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this chapter or the predecessor act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor act; and interpretative opinions or no action determinations issued under this chapter.  (b) The commissioner shall make all rules, forms, interpretative opinions, and orders available to the public in accordance with chapter 92F.  (c) The commissioner shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests in accordance with chapter 92F. A copy of the record certified or a certificate by the commissioner of a record's nonexistence is prima facie evidence of a record or its nonexistence. [L 2006, c 229, pt of §1]
HI Rev Stat § 485A-608 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|485A. Uniform Securities Act|485A-608 Public records; confidentiality.

  §485A-608 Public records; confidentiality. (a) Except as otherwise provided in subsection (b) or chapter 92F, records obtained by the commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination.  (b) The following records are not public records and are not available for public examination under subsection (a):  (1) A record obtained by the commissioner in connection with an audit or inspection under section 485A-411(d) or an investigation under section 485A-602;  (2) A part of a record filed in connection with a registration statement under sections 485A-301 and 485A-303 to 485A-305, or a record under section 485A-411(c) that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law;  (3) A record that is not required to be provided to the commissioner or filed under this chapter and is provided to the commissioner only on the condition that the record will not be subject to public examination or disclosure;  (4) A nonpublic record received from a person specified in section 485A-602(g);  (5) Any social security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed; and  (6) A record obtained by the commissioner through a designee of the commissioner that a rule or order under this chapter determines has been:  (A) Expunged from the commissioner's records by the designee; or  (B) Determined to be nonpublic or nondisclosable by that designee if the commissioner finds the determination to be in the public interest and for the protection of investors.  (c) If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified in section 485A-602(g), the commissioner may disclose a record obtained in connection with an audit or inspection under section 485A-411(d) or a record obtained in connection with an investigation under section 485A-602. [L 2006, c 229, pt of §1]