reglab/housing_qa huggingface dataset:
HI Rev Stat § 554G-4.5 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554G. Permitted Transfers in Trust|554G-4.5 Advisors.

  §554G-4.5 Advisors. (a) A transferor may appoint, through the trust instrument, one or more advisors or protectors, including:  (1) Advisors who have authority under the terms of the trust to remove and appoint trustees, advisors, trust committee members, or protectors;  (2) Advisors who have authority under the terms of the trust to direct, consent to, or disapprove of distributions from the trust; and  (3) Advisors, including the transferor beneficiary of the trust, who serve as investment advisors to the trust.  (b) While a trustee may appoint an advisor, the administrative and non-administrative authority over the trust shall remain with the trustee.  (c) Notwithstanding subsection (b), whenever there is a dispute, deadlock, or difference of opinion between a trustee and an advisor, the transferor may direct that the determination of the advisor shall be binding upon the trustee; provided that the trustee shall bear no liability or accountability for any act or transaction entered into or omitted as a result of the enforcement of the advisor's determination. The trustee's administrative and non-administrative fiduciary duty to the beneficiaries shall be waived as to the specific act or transaction entered into or omitted as a result of the enforcement of the advisor's determination; provided that:  (1) The trustee dissents in writing:  (A) Before the act or transaction is completed;  (B) To a failure to act; or  (C) In a reasonably timely manner to enter into a transaction; or  (2) If the advisor is appointed by the transferor under the terms of the trust and section 554D-808(c) applies to the trust and the advisor, the trustee is not required to dissent in writing for the waiver of the trustee's administrative and non-administrative fiduciary duties to the beneficiaries to take effect. [L 2011, c 161, §2; am L 2014, c 59, §2; am L 2021, c 32, §4]
HI Rev Stat § 554G-6 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554G. Permitted Transfers in Trust|554G-6 Investments.

  §554G-6 Investments. Nothing in this chapter shall prohibit a trustee from diversifying trust assets. [L 2010, c 182, pt of §2; am L 2011, c 161, §6]
HI Rev Stat § 554G-7 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554G. Permitted Transfers in Trust|554G-7 Retained interests of transferor.

  §554G-7 Retained interests of transferor. (a) A permitted transfer shall be subject to this chapter notwithstanding a transferor's retention of any or all of the powers and rights described in section 554G-5(c) and notwithstanding the transferor's service as investment advisor pursuant to section 554G-4.5(a)(3).  (b) The transferor shall have only the powers and rights specifically conferred by the trust instrument. Except as permitted by sections 554G-5(c) and 554G-4.5(a)(3), a transferor shall have no rights or authority with respect to the property that is the subject of a permitted transfer or to the income from property that is the subject of a permitted transfer. Any agreement or understanding purporting to grant or permit the retention of any greater rights or authority shall be void. [L 2010, c 182, pt of §2; am L 2011, c 161, §7]
HI Rev Stat § 554G-8 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554G. Permitted Transfers in Trust|554G-8 Avoidance of permitted transfers in trust.

  §554G-8 Avoidance of permitted transfers in trust. (a) No claim, including an action to enforce a judgment entered by a court or other body having adjudicative authority, by a creditor against property that is subject to a permitted transfer that arises after a permitted transfer and no claim by a creditor to avoid a permitted transfer shall be brought at law or in equity for attachment or other provisional remedy unless the permitted transfer was made with actual intent to defraud, hinder, or delay the creditor.  (b) An allowable claim under subsection (a) shall be extinguished unless:  (1) The creditor's claim arose before the permitted transfer was made and the action is brought within the limitations of section 651C-9 on the latter of the date of the permitted transfer or July 1, 2010; or  (2) Notwithstanding the provisions of section 651C-9, the creditor's claim arose concurrent with or subsequent to the permitted transfer, and the action is brought within two years after the permitted transfer is made.  (c) In any action described in subsection (a), the burden to prove intent to defraud, hinder, or delay by clear and convincing evidence shall be upon the creditor.  (d) For purposes of this section, a permitted transfer that is made by a transferor who is a trustee shall be deemed to have been made as of the date that the property that is the subject of the permitted transfer was originally transferred via a trust instrument that meets the requirements of this chapter to the transferor or the transferor's predecessor in interest.   (e) Notwithstanding any law to the contrary, a creditor or other person who purports to have a claim against property that is the subject of a permitted transfer shall have only the rights, with respect to a permitted transfer, as are provided in this section and sections 554G-9 and 554G-10.  (f) No creditor or any other person shall have any claim or cause of action, including an action to enforce a judgment entered by a court or other body having adjudicative authority, against a trustee or advisor described in section 554G-4.5(a) or against any person involved in drafting, preparing, executing, or funding a trust or in counseling the parties to a trust that is the subject of a permitted transfer if, as of the date the action is brought, an action with respect to the permitted transfer would be barred under this section. [L 2010, c 182, pt of §2; am L 2011, c 161, §8]
HI Rev Stat § 554G-9 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554G. Permitted Transfers in Trust|554G-9 Limitations on permitted transfers.

  §554G-9 Limitations on permitted transfers. The limitations contained in section 554G-8 on actions by creditors to avoid permitted transfers shall not apply to:  (1) Any person to whom the transferor is indebted on account of a family court-supervised agreement or family court order for the payment of support or alimony to the transferor's spouse, former spouse, or children, or for a division or distribution of property to the transferor's spouse or former spouse; provided that the transferor is in default by thirty days or more of making a payment due under the agreement or order, but only to the extent of the debt and not to any claim for forced heirship, legitime, or elective share;  (2) Any person who suffers death, personal injury, or property damage on or before the date of a permitted transfer; provided that the death, personal injury, or property damage is determined to have been caused in whole or in part by the tortious act or omission of either the transferor or another person for whom the transferor is or was vicariously liable to the extent of the transferor's liability or vicarious liability;  (3) Any lender who extends a secured or collateralized loan to the transferor based on the transferor's or the transferor's agent's express or implied representation that the assets of a trust established under this chapter would be available as security against the loan in the event of the transferor's default thereon;  (4) The State of Hawaii to the extent that a transfer results in the transferor being unable to meet the transferor's tax liabilities, but only to the extent necessary to extinguish the outstanding tax liabilities; or  (5) A divorce or dissolution of marriage or civil union, for purposes of considering property subject to division under section 580-47, a transferor-beneficiary's interest with respect to assets transferred to the trust instrument:  (A) After the transferor's marriage or entry into a civil union; or  (B) Within thirty days prior to the transferor's marriage or civil union unless the transferor gives written notice to the other party to the marriage or civil union of the transfer; provided that in the event of the divorce or dissolution of the marriage or civil union of a non-transferor beneficiary of the trust, the non-transferor beneficiary's interest in the trust is not considered property subject to division under section 580-47. [L 2010, c 182, pt of §2; am L 2011, c 161, §9]
HI Rev Stat § 554G-11 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554G. Permitted Transfers in Trust|554G-11 Multiple transfers.

  §554G-11 Multiple transfers. If more than one permitted transfer is made by means of the same trust instrument:  (1) The making of a subsequent permitted transfer shall be disregarded in determining whether a creditor's claim with respect to a prior permitted transfer is extinguished as provided in section 554G-8; and  (2) Any distribution to a beneficiary shall be deemed to have been made from the latest permitted transfer. [L 2010, c 182, pt of §2]
HI Rev Stat § 554G-12 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|554G. Permitted Transfers in Trust|554G-12 REPEALED.

  §554G-12 REPEALED. L 2011, c 161, §12.
HI Rev Stat § 555-1 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|555. Employees Trust|555-1 Definitions.

  §555-1 Definitions. As used in this chapter:   "Employees trust" means any trust created by an employer as part of a stock bonus, pension, profit-sharing, or annuity plan for the exclusive benefit of some or all of the employer's employees, or their beneficiaries, to which contributions are made by the employer, or employees, or both, for the purpose of distributing in accordance with such plan to the employees, or their beneficiaries, the earnings or the principal, or both earnings and principal, of the trust fund, provided that it is impossible under the trust terms at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries under the trust for any part of the corpus or income to be at any time used for or diverted to purposes other than the exclusive benefit of the employees, or their beneficiaries.   "Employer" includes a group of employers creating a combined plan or trust for the benefit of their employees or the beneficiaries of the employees. [L 1953, c 170, §1; RL 1955, §341-1; HRS §555-1; gen ch 1985]
HI Rev Stat § 555-2 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|555. Employees Trust|555-2 Trust not in violation of rule against perpetuities.

  §555-2 Trust not in violation of rule against perpetuities. Any employees trust may continue for such time as may be necessary to accomplish the purposes for which it has been created and its income may be accumulated for such time as may be necessary to accomplish such purposes. No employees trust shall be deemed to be subject to or in violation of any principle of law against perpetuities under chapter 525 or at common law, or restraints on alienation or perpetual accumulations or perpetual trusts.  The enactment of this chapter shall not in itself give rise to any implication that trusts of this nature have been subject to or in violation of any principle of law against perpetuities under chapter 525 or at common law, or restraints on alienation or perpetual accumulations or perpetual trusts. [L 1953, c 170, § §2, 3; RL 1955, §341-2; HRS §555-2; am L 1992, c 262, §4]
HI Rev Stat § 556-1 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|556. Uniform Fiduciaries Act|556-1 Definition of terms.

  §556-1 Definition of terms. (a) In this chapter unless the context or subject matter otherwise requires:  "Bank" includes any person or association of persons, whether incorporated or not, carrying on the business of banking.  "Fiduciary" includes a trustee under any trust, expressed, implied, resulting, or constructive, personal representative, guardian, conservator, curator, receiver, trustee in bankruptcy, assignee for the benefit of creditors, partner, agent, officer of a corporation, public or private, public officer, or any other person acting in a fiduciary capacity for any person, trust or estate.  "Person" includes a corporation, partnership, or other association, or two or more persons having a joint or common interest.  "Principal" includes any person to whom a fiduciary as such owes an obligation.  (b) A thing is done "in good faith", when it is in fact done honestly, whether it be done negligently or not. [L 1945, c 197, §1; RL 1955, §189-1; HRS §556-1; am L 1976, c 200, pt of §1]
HI Rev Stat § 556-2 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|556. Uniform Fiduciaries Act|556-2 Application of payments made to fiduciaries.

  §556-2 Application of payments made to fiduciaries. A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of such payment or transfer is not invalid in consequence of a misapplication by the fiduciary. [L 1945, c 197, §2; RL 1955, §189-2; HRS §556-2]
HI Rev Stat § 556-3 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|556. Uniform Fiduciaries Act|556-3 Transfer of negotiable instrument by fiduciary.

  §556-3 Transfer of negotiable instrument by fiduciary. If any negotiable instrument payable or indorsed to a fiduciary as such is indorsed by the fiduciary, or if any negotiable instrument payable or indorsed to the fiduciary's principal is indorsed by a fiduciary empowered to indorse such instrument on behalf of the fiduciary's principal, the indorsee is not bound to inquire whether the fiduciary is committing a breach of the fiduciary's obligation as fiduciary in indorsing or delivering the instrument and is not chargeable with notice that the fiduciary is committing a breach of the fiduciary's obligation as fiduciary unless the indorsee takes the instrument with actual knowledge of such breach or with knowledge of such facts that the indorsee's action in taking the instrument amounts to bad faith. If, however, such instrument is transferred by the fiduciary in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is transferred in any transaction known by the transferee to be for the personal benefit of the fiduciary, the creditor or other transferee is liable to the principal if the fiduciary in fact commits a breach of the fiduciary's obligation as fiduciary in transferring the instrument. [L 1945, c 197, §4; RL 1955, §189-4; HRS §556-3; gen ch 1985]
HI Rev Stat § 556-4 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|556. Uniform Fiduciaries Act|556-4 Check drawn by fiduciary payable to third person.

  §556-4 Check drawn by fiduciary payable to third person. If a check or other bill of exchange is drawn by a fiduciary as such, or in the name of the fiduciary's principal by a fiduciary empowered to draw such instrument in the name of the fiduciary's principal, the payee is not bound to inquire whether the fiduciary is committing a breach of the fiduciary's obligation as fiduciary in drawing or delivering the instrument, and is not chargeable with notice that the fiduciary is committing a breach of the fiduciary's obligation as fiduciary unless the payee takes the instrument with actual knowledge of the breach or with knowledge of such facts that the payee's action in taking the instrument amounts to bad faith. If, however, the instrument is payable to a personal creditor of the fiduciary and delivered to the creditor in payment of or as security for a personal debt of the fiduciary to the actual knowledge of the creditor, or is drawn and delivered in any transaction known by the payee to be for the personal benefit of the fiduciary, the creditor or other payee is liable to the principal if the fiduciary in fact commits a breach of the fiduciary's obligation as fiduciary in drawing or delivering the instrument. [L 1945, c 197, §5; RL 1955, §189-5; HRS §556-4; gen ch 1985] Cross References  Uniform Commercial Code, see chapter 490, article 3.
HI Rev Stat § 556-5 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|556. Uniform Fiduciaries Act|556-5 Check drawn by and payable to fiduciary.

  §556-5 Check drawn by and payable to fiduciary. If a check or other bill of exchange is drawn by a fiduciary as such or in the name of the fiduciary's principal by a fiduciary empowered to draw such instrument in the name of the fiduciary's principal, payable to the fiduciary personally, or payable to a third person and by the third person transferred to the fiduciary, and is thereafter transferred by the fiduciary, whether in payment of a personal debt of the fiduciary or otherwise, the transferee is not bound to inquire whether the fiduciary is committing a breach of the fiduciary's obligation as fiduciary in transferring the instrument, and is not chargeable with notice that the fiduciary is committing a breach of obligation as fiduciary unless the transferee takes the instrument with actual knowledge of such breach or with knowledge of such facts that the transferee's action in taking the instrument amounts to bad faith. [L 1945, c 197, §6; RL 1955, §189-6; HRS §556-5; gen ch 1985] Cross References  Uniform Commercial Code, see chapter 490, article 3.
HI Rev Stat § 556-6 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|556. Uniform Fiduciaries Act|556-6 Deposit in name of fiduciary as such.

  §556-6 Deposit in name of fiduciary as such. If a deposit is made in a bank to the credit of a fiduciary as such, the bank is authorized to pay the amount of the deposit or any part thereof upon the check of the fiduciary, signed with the name in which such deposit is entered, without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation as fiduciary in drawing the check or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, the check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of the fiduciary's obligation as fiduciary in drawing or delivering the check. [L 1945, c 197, §7; RL 1955, §189-7; HRS §556-6; gen ch 1985] Cross References  Uniform Commercial Code, see chapter 490, articles 3 and 4.
HI Rev Stat § 556-7 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|556. Uniform Fiduciaries Act|556-7 Deposit in name of principal.

  §556-7 Deposit in name of principal. If a check is drawn upon the account of its principal in a bank by a fiduciary who is empowered to draw checks upon the fiduciary's principal's account, the bank is authorized to pay such check without being liable to the principal, unless the bank pays the check with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation as fiduciary in drawing such check, or with knowledge of such facts that its action in paying the check amounts to bad faith. If, however, such a check is payable to the drawee bank and is delivered to it in payment of or as security for a personal debt of the fiduciary to it, the bank is liable to the principal if the fiduciary in fact commits a breach of the fiduciary's obligation as fiduciary in drawing or delivering the check. [L 1945, c 197, §8; RL 1955, §189-8; HRS §556-7; gen ch 1985] Cross References  Uniform Commercial Code, see chapter 490, articles 3 and 4.
HI Rev Stat § 556-8 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|556. Uniform Fiduciaries Act|556-8 Deposit in fiduciary's personal account.

  §556-8 Deposit in fiduciary's personal account. If a fiduciary makes a deposit in a bank to his personal credit of checks drawn by him upon an account in his own name as fiduciary, or of checks payable to him as fiduciary, or of checks drawn by him upon an account in the name of his principal if he is empowered to draw checks thereon, or of checks payable to his principal and indorsed by him, if he is empowered to endorse such checks, or if he otherwise makes a deposit of funds held by him as fiduciary, the bank receiving such deposit is not bound to inquire whether the fiduciary is committing thereby a breach of his obligation as fiduciary; and the bank is authorized to pay the amount of the deposit or any part thereof upon the personal check of the fiduciary without being liable to the principal, unless the bank receives the deposit or pays the check with actual knowledge that the fiduciary is committing a breach of his obligation as fiduciary in making such deposit or in drawing such check, or with knowledge of such facts that its action in receiving the deposit or paying the check amounts to bad faith. [L 1945, c 197, §9; RL 1955, §189-9; HRS §556-8] Cross References  Uniform Commercial Code, see chapter 490, articles 3 and 4.
HI Rev Stat § 556-9 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|556. Uniform Fiduciaries Act|556-9 Deposit in names of two or more trustees.

  §556-9 Deposit in names of two or more trustees. When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by any trustee or trustees authorized by the other trustee or trustees to draw checks upon the trust account, neither the payee nor other holder nor the bank is bound to inquire whether it is a breach of trust to authorize such trustee or trustees to draw checks upon the trust account, and is not liable unless the circumstances be such that the action of the payee or other holder or the bank amounts to bad faith. [L 1945, c 197, §10; RL 1955, §189-10; HRS §556-9]
HI Rev Stat § 556-10 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|556. Uniform Fiduciaries Act|556-10 Cases not provided for in chapter.

  §556-10 Cases not provided for in chapter. In any case not provided for in this chapter the rules of law and equity, including the law merchant and those rules of law and equity relating to trusts, agency, negotiable instruments, and banking, shall continue to apply. [L 1945, c 197, §12; RL 1955, §189-11; HRS §556-10]
HI Rev Stat § 557A-101 (2021)
2021 Hawaii Revised Statutes|Title 30. Guardians and Trustees|557A. Uniform Principal and Income Act|557A-101 Short title.

  §557A-101 Short title. This chapter may be cited as the Uniform Principal and Income Act. [L 2000, c 191, pt of §1]