reglab/housing_qa huggingface dataset:
HI Rev Stat § 412:3-114 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-114 Duty to report illegal acts.

 §412:3-114 Duty to report illegal acts. A Hawaii financial institution shall immediately notify the commissioner in writing of any act of robbery, embezzlement, or fraud committed in connection with its affairs whenever the concerned act involves a sum in excess of $100,000. [L 1993, c 350, pt of §1; am L 2006, c 228, §14]
HI Rev Stat § 412:3-114.5 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-114.5 Mandatory reporting of suspected financial abuse of an elder.

  §412:3-114.5 Mandatory reporting of suspected financial abuse of an elder. (a) A financial institution shall report suspected financial abuse that is directed towards, targets, or is committed against an elder to the department of human services and the appropriate county police department if:  (1) In connection with providing financial services to the elder, the officer or employee of a financial institution:  (A) Has direct contact with the elder; or  (B) Reviews or approves the elder's financial documents, records, or transactions; and  (2) The officer or employee, within the scope of employment or professional practice:  (A) Observes or has knowledge of an incident the officer or employee believes in good faith appears to be financial abuse; or  (B) In the case of officers or employers who do not have direct contact with the elder, has a good faith suspicion that financial abuse has occurred or may be occurring, based solely on the information present at the time of reviewing or approving the document, record, or transaction.  (b) Suspected financial abuse shall be reported by telephone, facsimile, or electronic device, immediately or as soon as practicably possible, to the department and the appropriate county police department.  (c) Upon notification by a financial institution of suspected financial abuse, the department, in a timely manner, shall determine whether the department has jurisdiction over the elder involved and proceed in accordance with chapter 346.  (d) Upon notification by a financial institution of suspected financial abuse, the county police department, in a timely manner, shall proceed with a criminal investigation.  (e) Notwithstanding any other state law to the contrary, including but not limited to laws concerning confidentiality, any person, including a financial institution, who:  (1) Participates in the making of a report pursuant to this section; and  (2) Believes, in good faith, that the action is warranted by facts known to that person, shall have immunity from any liability, civil or criminal, that might be otherwise incurred or imposed by or as a result of the making of the report. Any person making the report shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.  (f) For the purposes of this section:  "Department" means the department of human services.  "Elder" means a person who is sixty-two years of age or older.  "Financial abuse" means to wrongfully take, appropriate, obtain, or retain, or assist in taking, appropriating, obtaining, or retaining, real or personal property of an elder by any means, including undue influence, or with intent to defraud the elder. [L 2007, c 94, §2; am L 2013, c 216, §1] Cross References  Some other actions or penalties for violations committed against elders, see § §28-94, 444-10.7, 480-13, 480-13.5, 485A-603.5, 485A-604.5, and 487-14.
HI Rev Stat § 412:3-115 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-115 REPEALED.

 §412:3-115 REPEALED. L 2006, c 228, §47.
HI Rev Stat § 412:3-200 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-200 Applicability of part.

  §412:3-200 Applicability of part. The provisions of this part shall govern the organization of Hawaii financial institutions that are banks, savings banks, savings and loan associations, trust companies, and depository financial services loan companies. [L 1993, c 350, pt of §1]
HI Rev Stat § 412:3-203 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-203 Deferral of application requirements.

 §412:3-203 Deferral of application requirements. For good cause, the commissioner may defer specific application requirements until the filing of an application for a charter or license. [L 1993, c 350, pt of §1; am L 2006, c 228, §17]
HI Rev Stat § 412:3-204 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-204 Publication of notice.

 §412:3-204 Publication of notice. (a) Once the application to organize a Hawaii financial institution is complete and has been accepted by the commissioner, the applicant shall publish a notice at least once a week for three successive weeks in a newspaper of general circulation in each county in this State where the proposed financial institution intends to establish a principal office, branch, or agency.  (b) The notice shall be in a form prescribed by the commissioner and shall state the fact that an application has been filed, the names of the applicant and organizers, the location of the financial institution's proposed places of business, and the amount of its proposed capital. The notice shall also state that within fifteen days after the last publication of the notice any person may file with the commissioner written comments on the application or a request for an informational and comment proceeding to present information and comments to the commissioner. Any request for an informational and comment proceeding shall be accompanied by a brief statement of the person's interest in the application, the matters to be discussed at the informational and comment proceeding, and the reasons why written comments will not suffice in lieu of an informational and comment proceeding. [L 1993, c 350, pt of §1; am L 2006, c 228, §18]
HI Rev Stat § 412:3-205 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-205 Informational and comment proceeding on application.

 §412:3-205 Informational and comment proceeding on application. (a) An informational and comment proceeding on the application shall not be mandatory and whether an informational and comment proceeding is held shall be within the commissioner's discretion, regardless of whether any person has requested one.  (b) If the commissioner determines that an informational and comment proceeding is warranted, the commissioner shall notify the applicant and every person who has requested an informational and comment proceeding of the time, date, and place of the proceeding at least ten days prior to the proceeding. [L 1993, c 350, pt of §1]
HI Rev Stat § 412:3-207 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-207 Denial of preliminary approval to organize.

 §412:3-207 Denial of preliminary approval to organize. If the commissioner is not satisfied that the applicant meets all the criteria set forth for preliminary approval to organize, the commissioner shall issue a written decision denying the applicant's application. An applicant who is denied approval may request a hearing before the commissioner in accordance with chapter 91. Any final decision of the commissioner denying an applicant preliminary approval to organize may be appealed to the circuit court as provided in chapter 91. [L 1993, c 350, pt of §1] Rules of Court  Appeals, see HRCP rule 72.
HI Rev Stat § 412:3-208 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-208 REPEALED.

  §412:3-208 REPEALED. L 2006, c 228, §48.
HI Rev Stat § 412:3-209 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-209 Paid-in capital and surplus.

 §412:3-209  Paid-in capital and surplus. (a) Every financial institution existing or organized under the laws of this State shall at all times, and every applicant in organization shall, before filing the final application for a charter or license under this part and at all times thereafter, have paid-in capital and surplus of not less than the following amounts for each type of institution specified below:  Banks $5,000,000  Savings banks $3,000,000  Savings and loan associations $2,000,000  Trust companies $1,500,000  Nondepository trust companies $1,000,000  Depository financial services  loan companies $1,000,000  (b) The initial paid-in capital and surplus of each financial institution shall be in money or in the form of such other property as may be authorized by the board of directors and approved in writing by the commissioner. [L 1993, c 350, pt of §1; am L 2021, c 105, §3] Cross References  Nondepository financial services loan companies, paid-in capital and surplus, see §412:3-306.
HI Rev Stat § 412:3-210 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-210 REPEALED.

  §412:3-210 REPEALED. L 2006, c 228, §49. Note  L 2006, c 229, §6 purports to amend this section.
HI Rev Stat § 412:3-211 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-211 Time limit to complete organization.

 §412:3-211 Time limit to complete organization. (a) A proposed Hawaii financial institution shall obtain its required capital and surplus, complete its organization, and obtain a charter or license from the commissioner within one year from the date of issuance of the decision and order granting the application for preliminary approval to organize; provided that for good cause shown by the applicant in organization, the commissioner may by written order extend the deadline for a period not to exceed six months.  (b) If the applicant in organization fails to meet the deadline set forth in subsection (a), the commissioner shall order the applicant in organization to dissolve the proposed Hawaii financial institution. [L 1993, c 350, pt of §1; am L 2006, c 228, §20]
HI Rev Stat § 412:3-213 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-213 Denial of charter or license.

 §412:3-213 Denial of charter or license. If the commissioner is not satisfied that the applicant meets all the criteria set forth for approval of the charter or license, the commissioner shall issue a written decision denying the applicant's application. An applicant who is denied approval may request a hearing before the commissioner in accordance with chapter 91. Any final decision of the commissioner denying an applicant a charter or license may be appealed to the circuit court as provided in chapter 91. [L 1993, c 350, pt of §1] Rules of Court  Appeals, see HRCP rule 72.
HI Rev Stat § 412:3-300 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-300 Applicability of part.

  §412:3-300 Applicability of part. The provisions of this part shall govern the organization of nondepository financial services loan companies in this State. [L 1993, c 350, pt of §1]
HI Rev Stat § 412:3-302 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-302 Publication of notice.

 §412:3-302 Publication of notice. (a) Once the application for a license is complete and has been accepted by the commissioner, the applicant shall publish a notice at least once in a newspaper of general circulation in each county in this State where the nondepository financial services loan company intends to establish a principal office, branch or agency.  (b) The notice shall be in a form prescribed by the commissioner and shall state the fact that an application has been filed, the name of the applicant, the location of the nondepository financial services loan company's proposed place of business, and the amount of its proposed capital. The notice shall also state that within fifteen days after the last publication of the notice, any person may file with the commissioner written comments on the application or a request for an informational and comment proceeding to present information and comments to the commissioner. Any request for an informational and comment proceeding shall be accompanied by a brief statement of the person's interest in the application, the matters to be discussed at the informational and comment proceeding, and the reasons why written comments will not suffice in lieu of an informational and comment proceeding. [L 1993, c 350, pt of §1; am L 1994, c 107, §8]
HI Rev Stat § 412:3-303 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-303 Informational and comment proceeding.

 §412:3-303 Informational and comment proceeding. (a) An informational and comment proceeding on the application shall not be mandatory and whether an informational and comment proceeding is held shall be within the commissioner's discretion, regardless of whether any person has requested one.  (b) If the commissioner determines that an informational and comment proceeding is warranted, the commissioner shall notify the applicant and every person who has requested an informational and comment proceeding of the time, date, and place of the proceeding at least ten days prior to the proceeding. [L 1993, c 350, pt of §1]
HI Rev Stat § 412:3-305 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-305 Denial of license.

 §412:3-305 Denial of license. If the commissioner is not satisfied that the applicant meets all the criteria set forth for approval, the commissioner shall issue a written decision denying the applicant's application. An applicant who is denied approval may request a hearing before the commissioner in accordance with chapter 91. Any final decision of the commissioner denying an applicant a license may be appealed to the circuit court as provided in chapter 91. [L 1993, c 350, pt of §1] Rules of Court  Appeals, see HRCP rule 72.
HI Rev Stat § 412:3-306 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-306 Paid-in capital and surplus.

 §412:3-306 Paid-in capital and surplus. (a) Every nondepository financial services loan company conducting business under the laws of this State shall at all times have paid-in capital and surplus of not less than $500,000.  (b) The initial paid-in capital and surplus of every nondepository financial services loan company shall be in money. [L 1993, c 350, pt of §1; am L 1996, c 63, §5]
HI Rev Stat § 412:3-400 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-400 Applicability of part.

  §412:3-400 Applicability of part. This part shall govern the management of all Hawaii financial institutions that are stock financial institutions. [L 1993, c 350, pt of §1]
HI Rev Stat § 412:3-401 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-401 Applicability of Hawaii Business Corporation Act.

  §412:3-401 Applicability of Hawaii Business Corporation Act. (a) Except to the extent that the provisions of this chapter are inconsistent, all provisions of chapter 414 shall apply to a corporation engaging in business as a Hawaii financial institution under this chapter. In case of any inconsistencies, the provisions of this chapter shall control.  (b) A copy of each document delivered to the director of commerce and consumer affairs for filing pursuant to chapter 414 shall be simultaneously delivered to the commissioner. [L 1993, c 350, pt of §1; am L 2002, c 40, §17]
HI Rev Stat § 412:3-402 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-402 Capital stock.

 §412:3-402 Capital stock. The following provisions shall apply to all shares of capital stock of a Hawaii stock financial institution:  (1) Subject to any restrictions in chapter 414 or the articles of incorporation, the consideration to be paid for the issuance of authorized capital stock of a Hawaii stock financial institution shall be authorized by the board of directors of the financial institution and shall be paid only in money or such other consideration as may be authorized by chapter 414 or this chapter, but not in labor or services actually performed for the financial institution; provided that upon authorization by the board of directors, the financial institution may issue its own authorized shares of capital stock in exchange for or in conversion of its outstanding shares, or distribute its own shares pro rata to its shareholders or the shareholders of one or more classes or series, to effectuate stock dividends or splits, and any such transaction shall not require consideration; provided further that no such issuance of shares of any class or series shall be made to the holders of shares of any other class or series unless it is either expressly provided for in the articles of incorporation, or is authorized by the affirmative vote or the written consent of the holders of at least a majority of the outstanding shares of the class or series in which a distribution is to be made.  (2) No Hawaii financial institution shall issue any share of its capital stock unless and until the full amount of any consideration therefor as authorized by the board of directors shall have been paid into or received by the financial institution.  (3) No Hawaii stock financial institution other than a nondepository financial services loan company shall issue preferred stock without first obtaining the written approval of the commissioner as to the amount and terms thereof. While any preferred stock of a financial institution is held as owner or pledgee by any federal agency or entity established by law for the purpose of providing financial assistance to financial institutions, such preferred stock and any dividends paid thereon shall be exempt from taxation by this State.  (4) No Hawaii stock financial institution other than a nondepository financial services loan company shall decrease its authorized capital stock or the par value of capital stock having par value, or decrease its outstanding capital stock by the acquisition of its own shares, without first receiving the written approval of the commissioner. [L 1993, c 350, pt of §1; am L 2002, c 40, §18]
HI Rev Stat § 412:3-403 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-403 Dividends and other capital distributions.

 §412:3-403 Dividends and other capital distributions. (a) No Hawaii stock financial institution shall declare or pay any dividends or make any other capital distribution to its shareholders except pursuant to its articles of incorporation, this section, and section 414-111; provided that if section 414-111 is inconsistent with this section, the provisions of this section shall control.  (b) In this section, "capital distribution" means:  (1) A distribution of cash or other property by any Hawaii stock financial institution to its owners made on account of that ownership, but excluding any dividends consisting only of shares of the capital stock of the financial institution or rights to purchase such shares;  (2) A payment by any stock financial institution to repurchase, redeem, retire, or otherwise acquire any of its shares or other ownership interest, including any extensions of credit to finance an affiliated company's acquisition of those shares or interests; or  (3) A transaction that the commissioner determines, by order or rule, to be in substance a distribution of capital to the owners of the financial institution.  (c) A Hawaii stock financial institution shall not make any capital distribution in an amount greater than its retained earnings then on hand or if after such capital distribution the financial institution shall not have the minimum paid-in capital and surplus required by this chapter. For purposes of this section the amount of retained earnings on hand, capital and surplus shall be determined in accordance with generally accepted accounting principles, except that:  (1) All loans and extensions of credit on which interest has been delinquent for one year or more, or upon which a final judgment has been unsatisfied for more than one year and interest has been delinquent for one year or more, unless and to the extent the same are well secured or in the process of collection shall have been charged down;  (2) All assets which the commissioner may have required to be charged down pursuant to section 412:3-109, shall have been charged down; and  (3) Any loss sustained or charge made by a Hawaii financial institution as provided in this subsection shall be netted first against any reserve established therefor, then charged to retained earnings, then to surplus, and then to capital.  (d) Before making any capital distribution, each Hawaii stock financial institution, except for a nondepository financial services loan company, shall, until its capital and surplus equal at least one hundred thirty-three per cent of its initial minimum capital and surplus required under section 412:3-209, transfer to surplus from its retained earnings at least twenty-five per cent of its net profits from the preceding fiscal year. [L 1993, c 350, pt of §1; am L 2002, c 40, §19]
HI Rev Stat § 412:3-500 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-500 Prohibition of business at unauthorized locations.

  §412:3-500 Prohibition of business at unauthorized locations. Except as expressly authorized by this chapter or by federal law, no financial institution shall conduct any business in this State except at places of business or in the manner authorized in this part and except to the extent so authorized. [L 1993, c 350, pt of §1] Cross References  Automated teller machine fees, see §412:14-100.
HI Rev Stat § 412:3-502 (2021)
2021 Hawaii Revised Statutes|Title 22. Banks and Financial Institutions|412. Code of Financial Institutions|412:3-502 Foreign financial institution.

 §412:3-502 Foreign financial institution. No foreign financial institution shall receive deposits, lend money, or pay checks, negotiate orders of withdrawal or share drafts from any principal office, branch, agency, automated teller machine, or other location in this State, unless expressly authorized by this chapter, other laws of this State, or federal law; provided that nothing in this section shall prohibit any foreign financial institution from participating in the disbursement of cash through an automated teller machine network or from operating from any location in this State as a licensee under chapter 454F, or as a real estate collection servicing agent. [L 1993, c 350, pt of §1; am L 1999, c 254, §2; am L Sp 2009, c 32, §3; am L 2010, c 84, §7; am L 2014, c 9, §4]