reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-49 Certificate of officer, or judge, necessary.

§502-49 Certificate of officer, or judge, necessary.
Every officer who takes the acknowledgment of any instrument shall indorse, subjoin, or attach a certificate thereof, signed by oneself, on the instrument.
Every judge who takes the proof of any instrument shall indorse, subjoin, or attach a certificate thereof, signed by oneself, on the instrument, giving the names of the witnesses examined before the judge, their places of residence, and the substance of the evidence by them given. [L 1909, c 69, §7; RL 1925, §3155; RL 1935, §5141; RL 1945, §12741; RL 1955, §343-33; HRS §502-49; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-51 Exemption of instruments offered on behalf of United States.

§502-51 Exemption of instruments offered on behalf of United States.
In the case of any deed, lease, mortgage, lien, notice, agreement, or other instrument offered for recordation by any judicial, executive, or administrative officer of the United States, acting in the officer's official capacity, or by any duly authorized officer or agent of any agency or instrumentality of the United States created by or under federal or state law, acting in the officer's or agent's official capacity, it shall not be necessary that the instrument, where the instrument is required to be signed by the officer or agent, be acknowledged before a notary public by the officer or agent, and the registrar of conveyances shall accept the instrument for recordation, when the signature of the duly authorized officer or agent, together with the official seal, if any, is attached to the instrument for recordation. [L 1923, c 167, §1; RL 1925, §3157; am L Sp 1933, c 36, §1; RL 1935, §5143; RL 1945, §12743; RL 1955, §343-35; HRS §502-51; gen ch 1985; am L 1993, c 141, §5]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-52 Signatures of certain state officers, acknowledgments not required.

§502-52 Signatures of certain state officers, acknowledgments not required.
In the case of an official signature entitled to be judicially noticed pursuant to section 626-1, rule 901 or 902, the signature shall suffice to show due execution by the officer signing the instrument and the officer is not required to acknowledge the instrument in order to entitle it to be recorded. [L 1945, c 84, §2; RL 1955, §343-36; HRS §502-52; am L 1985, c 68, §19]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-53 No certificate of acknowledgment contrary hereto valid in court or entitled to be recorded; exception.

§502-53 No certificate of acknowledgment contrary hereto valid in court or entitled to be recorded; exception.
No certificate of acknowledgment contrary to this chapter is valid in any court of the State, nor is it entitled to be recorded in the bureau of conveyances, but no certificate of acknowledgment executed before July 29, 1872, shall in consequence of anything in this chapter contained be deemed invalid. [L 1909, c 69, §9; RL 1925, §3158; RL 1935, §5144; RL 1945, §12744; RL 1955, §343-37; HRS §502-53]
Case Notes
Cited: 26 H. 121, 123 (1921).
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-54 Penalty for false certificate.

§502-54 Penalty for false certificate.
Any officer authorized to take acknowledgments to instruments who knowingly incorporates in the certificate of acknowledgment any false or misleading statement as to the facts therein contained, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Nothing in this section shall be construed to do away with the liability for civil damages for such act. [L 1882, c 41; am L 1903, c 8, §2; RL 1925, §3159; RL 1935, §5145; am L 1941, c 22, §1; RL 1945, §12745; RL 1955, §343-38; HRS §502-54]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-61 Changes noted in instrument.

Note
Sections 502-61 to 502-64 designated as Part VI and part heading amended by L 2009, c 102, §2(7).
§502-61 Changes noted in instrument.
Every notary public or the officer authorized to take acknowledgments to instruments, before taking any acknowledgment, shall first carefully inspect any instrument proposed to be acknowledged before the notary public or officer, and ascertain whether there are any interlineations, erasures, or changes in the instrument. If there are any interlineations, erasures, or changes, the notary public or officer shall call the attention thereto of the person offering to acknowledge the instrument. If they are approved, the acknowledging officer shall place the officer's initials in the margin of the instrument opposite each interlineation, erasure, or change. The initialing by the officer taking the acknowledgment is prima facie evidence of the extent of the interlineations, erasures, or changes and of the fact that the same were made prior to acknowledgment of the instrument, but does not preclude proof to the contrary. [L 1896, c 55, §1; RL 1925, §3160; RL 1935, §5146; RL 1945, §12746; RL 1955, §343-39; am L 1963, c 83, §4; HRS §502-61; gen ch 1985]
Case Notes
Cited: 26 H. 121, 123 (1921).
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-62 Penalty for not noting changes.

§502-62 Penalty for not noting changes.
Every notary public or other person authorized to take acknowledgments to instruments who takes the acknowledgment of any person to any instrument in which there are interlineations, erasures, or changes, and who fails to observe or perform the requirements, or any of them, of section 502-61, shall be fined not more than $200. [L 1896, c 55, §2; am L 1903, c 8, §2; RL 1925, §3161; RL 1935, §5147; RL 1945, §12747; RL 1955, §343-40; HRS §502-62]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-63 Not recorded unless initialed.

§502-63 Not recorded unless initialed.
No instrument acknowledged in the State of Hawaii in which there are interlineations, erasures, or changes shall be recorded by the registrar, unless the same are duly initialed by the officer or officers taking the acknowledgment or acknowledgments to the same in the State of Hawaii.
No instrument acknowledged outside of the State of Hawaii in which there are interlineations, erasures, or changes shall be recorded by the registrar, unless the same are duly initialed by either:
(1) The parties to such instrument; or
(2) The officer or officers taking the acknowledgment or acknowledgments to the same. [L 1896, c 55, §3; RL 1925, §3162; RL 1935, §5148; RL 1945, §12748; RL 1955, §343-41; am L 1963, c 83, §5; HRS §502-63; am L 1992, c 197, §12]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-71 Record of acknowledgments to be kept.

Note
Sections 502-71 to 502-74 designated as Part VII and part heading amended by L 2009, c 102, §2(8).
§502-71 Record of acknowledgments to be kept.
All judges and other officers authorized by law to take acknowledgments to instruments, besides the certificate of acknowledgment indorsed upon the instrument, shall keep a record of every acknowledgment in a book of records. Each record shall set forth at least the date of acknowledgment, the parties to the instrument, the persons acknowledging, the date, and some memorandum as to the nature of the instrument acknowledged. [L 1888, c 18, §1; RL 1925, §3164; RL 1935, §5150; RL 1945, §12750; RL 1955, §343-43; HRS §502-71]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-72 Disposition of records.

§502-72 Disposition of records.
The books of record so kept shall every five years, and upon the resignation, death, or removal from office of such judge or other officer, be deposited with the clerk of the circuit court of the judicial circuit for and in which the judge or other officer was or is authorized to act. [L 1888, c 18, §2; RL 1925, §3165; RL 1935, §5151; am L 1941, c 322, §7; RL 1945, §12751; RL 1955, §343-44; HRS §502-72; am L 2020, c 54, §22]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-73 Same, open to inspection.

§502-73 Same, open to inspection.
The clerks of the circuit courts shall carefully preserve the books of record deposited with them as provided by section 502-72, filing the same with the records of the court. The records, both while in the custody of the acknowledging officers and after such filing, shall be open at all reasonable times to the inspection of any responsible person, without fee or reward. [L 1888, c 18, §3; RL 1925, §3166; RL 1935, §5152; RL 1945, §12752; RL 1955, §343-45; HRS §502-73; am L 1972, c 125, §1(e)]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-74 Penalty for not keeping.

§502-74 Penalty for not keeping.
Any of the officers to take acknowledgments who fails to keep the record directed by section 502-71, or upon failure to deposit the same with a clerk of a court of record as directed, shall be fined not less than $50 nor more than $250, which may be recovered of such officer, or the officer's personal representatives. [L 1888, c 18, pt of §4; am L 1903, c 8, §2; RL 1925, §3167; RL 1935, §5153; RL 1945, §12753; RL 1955, §343-46; HRS §502-74; am L 1976, c 200, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-81 Instruments may be recorded; as evidence.

Note
Sections 502-81 to 502-85 designated as Part VIII and part heading amended by L 2009, c 102, §2(9).
§502-81 Instruments may be recorded; as evidence.
Every conveyance or other instrument, acknowledged or proved, and certified in the manner hereinbefore prescribed, by any of the officers before named, may be read in evidence without further proof thereof, and is entitled to be recorded. [CC 1859, §1258; am imp L 1917, c 207, §1; am L 1921, c 34, §1; RL 1925, §3168; RL 1935, §5154; RL 1945, §12754; RL 1955, §343-47; HRS §502-81]
Case Notes
Deed of corporation admissible in evidence, when. 18 H. 412, 413 (1907).
Where due execution shown instrument admissible in evidence even if certificate of acknowledgment invalid. 26 H. 121 (1921).
Agreement between grantee named in a deed and another declaring that both had interests in the land and setting out terms of their arrangement, entitled to be recorded. 32 H. 323, 325 (1932).
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-82 Record or copy as evidence.

§502-82 Record or copy as evidence.
The record of an instrument duly recorded, or a transcript thereof, duly certified, may also be read in evidence, with like force and effect as the original instrument. Neither the certificate of acknowledgment, nor the proof of any instrument, is conclusive, but may be rebutted, and the force and effect thereof may be contested by any party affected thereby. If the party contesting the proof of an instrument makes it appear that the proof was taken upon the oath of an interested or incompetent witness, neither the instrument nor the record thereof shall be received in evidence until established by other competent proof. [CC 1859, §1259; RL 1925, §3169; RL 1935, §5155; RL 1945, §12755; RL 1955, §343-48; HRS §502-82]
Case Notes
Record may be offered to impeach original by showing alteration in description after recording. 14 H. 276, 278 (1902).
Record or certified copy admissible though original produced. 14 H. 276, 277 (1902).
Certificate not conclusive. 16 H. 294, 300 (1904). See 18 H. 412, 413 (1907).
Presumption of regularity raised by acknowledgment. 25 H. 470, 473 (1920); 49 H. 62, 73, 412 P.2d 326 (1966).
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-83 Effect of not recording deeds, leases, etc.

§502-83 Effect of not recording deeds, leases, etc.
All deeds, leases for a term of more than one year, mortgages of any interest in real estate, or other conveyances of real estate within the State, shall be recorded in the bureau of conveyances. Every such conveyance not so recorded is void as against any subsequent purchaser, lessee, or mortgagee, in good faith and for a valuable consideration, not having actual notice of the conveyance of the same real estate, or any portion thereof, or interest therein, whose conveyance is first duly recorded. [CC 1859, §1262; RL 1925, §3170; RL 1935, §5156; RL 1945, §12756; RL 1955, §343-49; am L 1963, c 83, §6; HRS §502-83]
Law Journals and Reviews
Later mortgagee having actual notice of earlier mortgage is not entitled to priority merely because earlier mortgage omitted page and book references required by § §502-33 and 506-4. Haw Supp, IV HBJ, no. 3, at 30 (1966).
Case Notes
Under early law, time for recording was limited. See 1 H. 67 (114) (single justice) (1852); 1 H. 229 (409) (single justice) (1856).
Subsequent deed or lease, though recorded, will not prevail against unrecorded deed or lease of which there was actual notice. 2 H. 166 (single justice) (1859); 3 H. 274 (1871); 4 H. 384 (1881). But will prevail where no actual notice. 4 H. 675 (1876).
Actual possession under unrecorded deed is constructive notice; subsequent purchase not in good faith. 5 H. 298 (1885); 25 H. 494, 505 (1920); 26 H. 342, 349 (1922). See 19 H. 602, 611 (1909).
Assignment of lease good against creditors though levy made before recording of assignment. 16 H. 731 (1905). Compare 26 H. 342 (1922).
Mortgage of a leasehold must be recorded under this section. 23 H. 706, 709 (1917).
Recording is notice to one bound to search the records, otherwise not. 26 H. 809, 820 (1923).
Subsequent purchaser not protected, though in good faith, unless purchaser records first. 32 H. 323, 326 (1932); 32 H. 883, 895 (1933).
Knowledge of negotiations for a sale of no significance and such notice does not defeat mortgage. 32 H. 883 (1933).
Cited: 911 F. Supp. 2d 916 (2012); 6 H. 114 (single justice) (1873).
Mentioned: 920 F. Supp. 1080 (1996).
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-84 Powers of attorney, etc.

§502-84 Powers of attorney, etc.
All articles of marriage settlement and powers of attorney for the transfer of real property within the State shall be recorded in the bureau of conveyances, in default of which no such instrument shall be binding to the detriment of third parties or conclusive upon their rights and interests. [CC 1859, §1263; am L 1911, c 20, §1; am imp L 1915, c 47, § §2, 3; am L 1919, c 3, pt of §1; RL 1925, §3171; RL 1935, §5157; RL 1945, §12757; RL 1955, §343-50; HRS §502-84; am L 1972, c 125, §1(f)]
Case Notes
Section inapplicable to instrument not within its terms. 8 H. 8 (1889).
Lack of recording does not affect validity of lease as between parties. 17 H. 87, 89 (1905).
Purchaser at execution sale prevails as against prior deed executed under unrecorded power of attorney even if purchaser at execution sale had knowledge of the power of attorney. 18 H. 25 (1906).
Unrecorded power of attorney for transfer of real estate is valid for some purposes. 18 H. 25, 26 (1906).
Cited: 71 F. Supp. 1, 4 (1947), aff'd 172 F.2d 384 (1949).
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-91 Old records.

Note
Sections 502-91 to 502-95 designated as Part IX and part heading amended by L 2009, c 102, §2(10).
§502-91 Old records.
All records of instruments made in the bureau of conveyances, before July 10, 1850, whether in the book required by law or otherwise, are deemed to have been duly recorded.
All conveyances of real and personal property made and executed before April 27, 1846, and all pledges of property, real and personal, executed before such date, the conditions of which had not been fulfilled before the promulgation of the Act of April 27, 1846, shall, if not recorded in the bureau of conveyances at the instance and expense of the grantee or mortgagee, within ninety days after the promulgation, be void in law as against subsequent grantees and mortgagees of the same property, not having notice of the existence of such previous conveyances or pledges. [L 1846, p 249; CC 1859, §1265; CC 1859, p 374; RL 1925, §3173; RL 1935, §5159; RL 1945, §12760; RL 1955, §343-53; HRS §502-91]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-92 Copies of old records.

§502-92 Copies of old records.
The registrar shall prepare photographic, electronic, or electrostatic copies of the records and record books in the bureau of conveyances which by reason of age, usage, or otherwise are in such condition that they can no longer be conveniently used or consulted without danger of destruction thereof, and certify to the correctness of such copies. The certified copies, and prints made from them and similarly certified, may be read in evidence with the same force and effect as the original instrument. The correctness of such copies is not conclusive but may be rebutted. All such records and record books from which the copies are made shall be deposited with the department of accounting and general services in its public archives. The registrar may convert into electronic form information or documents recorded before the registrar was given the authority to record electronic documents. [L 1931, c 45, §2; RL 1935, §5160; RL 1945, §12761; RL 1955, §343-54; am L 1963, c 107, §5; am imp L 1966, c 26, §1; HRS §502-92; am L 2009, c 102, §2(17)]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-93 Retyping judgment registers.

§502-93 Retyping judgment registers.
The registrar of conveyances may, when retyping the old circuit court and district court judgment registers, delete from the retyped registers all those entries which the registers show have theretofore been fully paid, released, or discharged, and also delete from the retyped registers any judgment entries which have theretofore expired by reason of the statute of limitations and which shall be considered duly paid and discharged. [L 1955, JR 26, §1; RL 1955, §343-54.5; HRS §502-93]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-94 Translation of Hawaiian documents, recording.

§502-94 Translation of Hawaiian documents, recording.
The registrar may appoint such number of qualified translators at such compensation as may be provided for by appropriations of the legislature from time to time for the purpose of translating into English, conveyances and other instruments filed or recorded in the bureau of conveyances, including, but not limited to, conveyances and other instruments affecting title to property. The translators shall be persons expert in the knowledge and usage of both the Hawaiian and the English languages. The translations into English shall be recorded in the bureau of conveyances in books bearing the same book and page numbers as the Hawaiian instruments from which they have been translated and any reference in conveyances or otherwise to such documents by book and page number shall be deemed to refer equally to the Hawaiian and the English versions of such documents. Each such English translation and copies thereof duly certified by the registrar may be used in evidence in the same manner as the original instrument in the Hawaiian language and shall constitute prima facie evidence as to the true meaning and intent of the Hawaiian instrument from which it has been translated. [L 1945, c 54, §1; RL 1955, §343-55; HRS §502-94]
Cross References
References to book and page, see §502-31.5.
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-95 Validation of defective certificates.

§502-95 Validation of defective certificates.
The record made prior to May 14, 1943, in the bureau of conveyances at Honolulu of any instrument otherwise authorized to be recorded therein, notwithstanding any defect in the form of the certificate of acknowledgment or proof, or the failure to make the notations required by section 502-61, or the failure to append thereto the certificate of authority required by section 502-46, or any defect in the form of the certificate, shall be in all respects as valid and effectual as though the certificate of acknowledgment or proof or certificate of authority had been in proper form or the certificate of authority had been appended to the instrument, or such notations had been made; provided that:
(1) In any case of a defect in the certification of the authority of the officer to take the acknowledgment or proof, at the time of taking and in the place where the same was taken (whether because of a defect in the officer's certificate or because of a defect in or failure to append the certificate of the officer's authority, when required), the burden shall be on the party relying on the record to prove the authority, in any proceeding where the fact is in dispute; and
(2) With respect to any interlineation, erasure, or other change, not initialed and noted as required by section 502-61, the burden shall be on the party relying on the record to prove that the change was made before acknowledgment of the instrument, in any proceeding where the fact is asserted by the party and is in dispute. [L 1943, c 197, §6; RL 1945, §12762; RL 1955, §343-56; HRS §502-95; gen ch 1985; am L 2019, c 111, §29]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-101 Veterans certificates.

Note
Section 502-101 designated as Part X and part heading amended by L 2009, c 102, §2(11).
§502-101 Veterans certificates.
The bureau of conveyances, upon request of a veteran, resident in Hawaii, or the veteran's next of kin, shall record any honorable discharge certificate or other separation or discharge document from the military or naval service of the United States of the veteran.
No charge shall be made for the recording. [L 1943, c 205, § §1, 2; RL 1945, §12763; RL 1955, §343-57; am imp L 1966, c 26, §1; HRS §502-101; am L 1969, c 11, §1; gen ch 1985; am L 1993, c 141, §6]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-111 Family child care homes; permitted uses in residential areas.

Note
Section 502-111 designated as Part XI and part heading amended by L 2009, c 102, §2(12).
§502-111 Family child care homes; permitted uses in residential areas.
(a) Family child care homes shall be considered a residential use. Notwithstanding any other law to the contrary, every recorded restriction or prohibition entered into whether by way of covenant, condition upon use or occupancy, or upon transfer of title to residential real property, which directly or indirectly restricts or prohibits family child care homes on residential real property is void.
(b) This provision shall not apply to:
(1) Housing for older persons as defined by 42 United States Code section 3607(b)(2);
(2) Limited-equity housing cooperatives created pursuant to chapter 421H; or
(3) Cooperative housing corporations created pursuant to chapter 421I.
(c) For the purposes of the section, "family child care home" means a private residence, including an apartment, unit, or townhouse, as defined in section 502C-1, at which care may be provided for three to no more than six children who are unrelated to the caregiver by blood, marriage, or adoption at any given time. [L 1996, c 303, §4; am L 1999, c 242, § §6, 8(2); am L 2001, c 225, §3; am L 2005, c 20, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-121 Definitions.

§502-121 Definitions.
As used in this part:
"Document" means information affecting title to real property that is eligible to be entered into the public records, including any plan of land prepared pursuant to section 502-17.
"Electronic" means relating to technology having electric, digital, magnetic, wireless, optical, electromagnetic, or similar properties.
"Electronic document" means a document that is stored in an electronic medium.
"Electronic signature" means an electronic sound, symbol, or process, attached to or logically associated with a document and executed or adopted by a person with the intent of affixing a signature on the document.
"Paper document" means a document that is inscribed on a tangible medium such as paper.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. [L 2009, c 102, pt of §2(1)]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-122 Electronic document and electronic signature; validity.

§502-122 Electronic document and electronic signature; validity.
(a) The registrar may accept an electronic document for recording. The electronic document shall be exempt from any requirement under this chapter that a document or instrument be:
(1) The original document or instrument;
(2) On paper, cloth, or other tangible medium; or
(3) In writing.
(b) When a law requires as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(c) Any requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath shall be satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. It shall not be necessary to accompany an electronic signature with a physical or electronic image or a stamp, impression, or seal.
(d) In a proceeding, evidence of a document or signature shall not be excluded solely because it is in electronic form. [L 2009, c 102, pt of §2(1)]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-123 Recording of documents.

§502-123 Recording of documents.
(a) Notwithstanding any other law to the contrary, and subject to rules adopted by the department of land and natural resources pursuant to chapter 91, the registrar may:
(1) Accept, make, keep, enter, file, index, store, archive, and transmit electronic documents; provided that the registrar shall also continue to accept paper documents for recording and shall place entries for both types of documents in the same index;
(2) Convert or copy paper documents that are accepted for recording into electronic form;
(3) Convert or copy prior records of documents made in the bureau of conveyances into electronic form;
(4) Accept fees for services rendered under this chapter electronically; and
(5) Enter into agreements with other officials of states or political subdivisions thereof, or of the United States, on procedures or processes to electronically satisfy prior approvals and conditions precedent to recording and to facilitate the electronic payment of fees.
(b) This part shall also apply to any document that is received by the registrar of the bureau of conveyances or filed at the bureau of conveyances by the registrar of the land court pursuant to chapter 501.
(c) The department of land and natural resources shall adopt rules pursuant to chapter 91 necessary for the purposes of this part, including to determine when an electronic document shall be considered delivered to the registrar pursuant to section 502-32.
(d) To keep the standards and practices of recording in the State in harmony with the standards and practices of recording offices in other jurisdictions that enact provisions substantially similar to this part, and to keep the technology used by the registrar compatible with technology used by recording offices in other jurisdictions that enact provisions substantially similar to this part, the department of land and natural resources, so far as is consistent with the provisions of this part, in adopting rules under chapter 91, shall consider:
(1) The standards and practices of other jurisdictions;
(2) The most recent standards adopted by national standard setting bodies such as the Property Records Industry Association;
(3) The views of interested persons and governmental officials and entities;
(4) The needs of jurisdictions of varying size, population, and resources; and
(5) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering. [L 2009, c 102, pt of §2(1)]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-124 Uniformity of application and construction.

§502-124 Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2009, c 102, pt of §2(1)]
2023 Hawaii Revised Statutes › Title 28. Property › 502. Bureau of Conveyances; Recording › 502-125 Relation to federal Electronic Signatures in Global and National Commerce Act.

§502-125 Relation to federal Electronic Signatures in Global and National Commerce Act.
This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that Act, or authorize electronic delivery of any of the notices described in section 103(b) of that Act. [L 2009, c 102, pt of §2(1)]
2023 Hawaii Revised Statutes › Title 28. Property › 503B. Time Share Commissioners of Deeds › 503B-1 Commissioners; appointment.

§503B-1 Commissioners; appointment.
The lieutenant governor may appoint commissioners who shall serve for four years from the date of the individual commissioner's respective appointment, unless removed by the lieutenant governor. [L 2013, c 277, pt of §1; am L 2016, c 78, §3]
2023 Hawaii Revised Statutes › Title 28. Property › 503B. Time Share Commissioners of Deeds › 503B-2 Oath and seal.

§503B-2 Oath and seal.
(a) Within three months of appointment, a commissioner shall:
(1) Cause an official seal to be prepared, upon which seal shall appear the commissioner's name and the words "commissioner of deeds for Hawaii"; and
(2) Take and subscribe an oath to faithfully perform the duties of the commissioner's office; provided that the oath shall be taken before:
(A) A notary public in the State or any other state;
(B) Any officer of the United States diplomatic or consular service resident in any foreign country or port, when certified by the officer under the officer's seal of office; or
(C) Any person authorized by the law of any foreign country to take an acknowledgment or proof; provided that the acknowledgment or proof shall be accompanied by a certificate to the effect that the person taking the acknowledgment or proof is duly authorized to do so and that the acknowledgment or proof is in a manner prescribed by the laws of the foreign country or a treaty or international agreement of the United States; provided further that a certificate under this subparagraph may be issued by:
(i) A diplomatic or consular officer of the United States under the seal of the officer's office;
(ii) A diplomatic or consular officer of the foreign country under the seal of the officer's office with the signature or facsimile of the signature of the diplomatic or consular officer of the United States; or
(iii) An apostille in the case of a foreign country that is party to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents.
(b) A commissioner's oath of office, the commissioner's signature, and an impression of the commissioner's seal shall be transmitted to and filed with the office of the lieutenant governor.
(c) For purposes of this section, a diplomatic or consular officer includes any minister, consul, vice consul, charge d'affaires, consular or commercial agent, or a vice consular or vice commercial agent. [L 2013, c 277, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 503B. Time Share Commissioners of Deeds › 503B-3 Powers; charges.

§503B-3 Powers; charges.
A commissioner, in any foreign country; in international waters; and in any possession, territory, or commonwealth of the United States, including but not limited to the United States territorial seas, may administer oaths and take acknowledgments and proofs of execution of any deed, assignment of lease, apartment deed and ground lease, condominium conveyance document, mortgage, deed of trust, contract, power of attorney, or any other instrument or writing to be used or recorded in the State in connection with:
(1) A time share interest;
(2) Any property subject to a time share plan; or
(3) The operation of a time share plan that includes any property located within the State;
provided that the instrument or writing is executed in international waters or in the United States territorial seas, or outside of the fifty states and the District of Columbia. Oaths, acknowledgments, and proofs of execution shall be taken or made in the manner provided by the laws of the State, including but not limited to sections 502-42, 502-43, 502-48, 502-61, 502-62, and 502-63, and shall be certified by the commissioner under the commissioner's official seal. The certification shall be endorsed on or attached to the instrument or writing and shall have the same effect as if made or taken in the State by a notary public commissioned in the State. Charges made by commissioners for services rendered shall be no higher than the rates authorized by any law governing similar services rendered by notaries within the jurisdictions in which the services are performed or, if in international waters or in the United States territorial seas, no higher than the rates authorized to be charged by notaries in this State. [L 2013, c 277, pt of §1; am L 2016, c 78, §4]
2023 Hawaii Revised Statutes › Title 28. Property › 503B. Time Share Commissioners of Deeds › 503B-4 Records.

§503B-4 Records.
Each commissioner shall keep a record of every acknowledgment, oath, and proof of execution in a book of records. Each record shall set forth, at a minimum, the date of the acknowledgment, the parties to the instrument, the persons making the acknowledgments, and a memorandum as to the nature of the instrument acknowledged. For oaths and affidavits, the record shall set forth, at a minimum, the names of the parties making the oath or affidavit, the date of the oath or affidavit, the nature of the instrument, and the date the oath was administered. [L 2013, c 277, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 503B. Time Share Commissioners of Deeds › 503B-7 Notice of legal effect.

§503B-7 Notice of legal effect.
(a) A commissioner shall provide to each person whose signature is witnessed or acknowledged by the commissioner a written notice in substantially the following form:
"LEGAL EFFECT OF CERTIFICATION BY A COMMISSIONER OF DEEDS
A certification by a Hawaii commissioner of deeds is intended only to confirm that a document was signed by a person whose signature appears on it. It does not validate the substance, contents, or legal effect of the document, nor indicate that the document has been approved or endorsed by any governmental authority, including the State of Hawaii. The documents that you are signing may have legal consequences, and you may have rights under Hawaii law. By signing below, you acknowledge that you have read and understand this."
(b) If the person whose signature is witnessed or acknowledged by the commissioner does not speak English, a translation of the notice required by subsection (a) shall be provided to the person in the predominant language spoken in the country in which the execution or acknowledgment takes place; provided that:
(1) The content of the notice may be varied as necessary to convey the intended concepts in the other language; and
(2) Neither the commissioner nor any other person shall be liable for errors in translation of the notice required by subsection (a) so long as a good faith effort to accurately translate the notice was made.
(c) A commissioner of deeds shall retain, for three calendar years from the date upon which the notice was executed, the original executed notice or a copy made by any means capable of providing an accurate reproduction of the executed notice.
(d) Failure to provide the notice required by subsection (a) shall subject the commissioner of deeds to a penalty in an amount to be established by the lieutenant governor by rule adopted pursuant to chapter 91 but shall not render any agreement void or voidable, nor shall it constitute a defense to any action to enforce the agreement or any action for breach of the agreement by any party to the agreement. [L 2013, c 277, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 503B. Time Share Commissioners of Deeds › 503B-8 Bond.

§503B-8 Bond.
(a) Each commissioner forthwith and before entering upon the duties of the commissioner's office shall execute at the commissioner's own expense an official surety bond or deposit with the lieutenant governor a cash bond, which in either case shall be in the sum of $10,000. Each bond shall be approved by the office of the lieutenant governor.
(b) The obligee of each bond shall be the State and the condition contained therein shall be that the commissioner will well, truly, and faithfully perform all the duties of the commissioner's office that are then or may thereafter be required, prescribed, or defined by law or by any rule made under the express or implied authority of any statute, and all duties and acts undertaken, assumed, or performed by the commissioner by virtue or color of the commissioner's office. The surety on any surety bond shall be a surety company authorized to do business in the State. After approval, the bond shall be deposited and kept on file in the office of the lieutenant governor. The lieutenant governor shall keep a book to be called the "bond record", in which the lieutenant governor shall record the data in respect to each of the bonds deposited and filed in the lieutenant governor's office.
(c) A commissioner who files a cash bond may cancel the bond by giving thirty days notice in writing to the lieutenant governor; provided that the security for the bond shall not be returned for a period of six years after the effective date of cancellation of the bond or upon posting a surety bond meeting the requirements set forth in this section, whichever shall occur first. [L 2013, c 277, pt of §1; am L 2016, c 78, §5]
2023 Hawaii Revised Statutes › Title 28. Property › 503B. Time Share Commissioners of Deeds › 503B-9 Liabilities; limitations on; official bond.

§503B-9 Liabilities; limitations on; official bond.
(a) In the performance of a commissioned act, a commissioner's liability shall be limited to a failure by the commissioner to perform properly the actions required for oaths, acknowledgments, and proofs of execution. The commissioner's liability shall not be based on statements in a document apart from the commissioner's certificate.
(b) For the official misconduct or neglect of a commissioner or breach of any of the conditions of the commissioner's official bond, the commissioner and the surety on the commissioner's official bond shall be liable to the party injured thereby for all the damages sustained. The party shall have a right of action in the party's own name upon the bond and may prosecute the action to final judgment and execution. The liability of the surety shall not exceed the amount of the bond issued to the commissioner of deeds for whom the bond was issued. [L 2013, c 277, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 503B. Time Share Commissioners of Deeds › 503B-10 Fees and administrative fines.

§503B-10 Fees and administrative fines.
(a) The lieutenant governor shall charge and collect the following fees:
(1) Application for commissioner of deeds commission, $10;
(2) Application for renewal of commissioner of deeds commission, $10;
(3) Application for restoration of forfeited commission, $10;
(4) Application for reinstatement of suspended commission, $10;
(5) Issuance of the original commission, $40;
(6) Renewal of the commission, $40;
(7) Restoration of forfeited commission, $60;
(8) Reinstatement of suspended commission, $40; and
(9) Commission name change, $10.
Fees may be adjusted by the lieutenant governor by adopting rules pursuant to chapter 91.
(b) The lieutenant governor may impose and collect the following administrative fines if a commissioner of deeds fails to do the following:
(1) Maintain an official seal in accordance with section 503B-2(a)(1) and any rule adopted pursuant to chapter 91, $20;
(2) Surrender the seal and certificate of the commissioner of deeds to the lieutenant governor within ninety days of resignation, removal from office, or the expiration of a term without renewal, $200;
(3) Authenticate every acknowledgment or jurat with a certificate that is signed and dated by a commissioner and in a form prescribed by the lieutenant governor, $500;
(4) Record all of the transactions of the commissioner of deeds as prescribed by section 503B-4 and any rules adopted pursuant to chapter 91, $200;
(5) Surrender the record books of the commissioner of deeds to the lieutenant governor within ninety days of the expiration or termination of the commission, resignation, or removal from office, $500; [or]
(6) Notify the lieutenant governor within ten days after loss, misplacement, or theft of the commissioner's seal or record book, or both, $20; provided that, in the case of theft, the commissioner shall also:
(A) Inform the appropriate local law enforcement agency of the theft within ten days of discovery of the theft or, if the theft occurs on a vessel, inform the vessel's captain of the theft within ten days of discovery of the theft;
(B) Use reasonable efforts to obtain a copy of a report of the theft from the appropriate local law enforcement agency or, if the theft occurs on a vessel, from the vessel's captain or other officer; and
(C) Deliver a copy of any report of the theft to the lieutenant governor within ten days after receipt thereof.
Administrative fines may be adjusted by the lieutenant governor by adopting rules pursuant to chapter 91.
(c) Moneys collected by the lieutenant governor pursuant to this section shall be deposited by the director of finance to the credit of the general fund. [L 2016, c 78, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 503B. Time Share Commissioners of Deeds › 503B-11 Rules.

§503B-11 Rules.
The lieutenant governor may adopt rules pursuant to chapter 91 as the lieutenant governor deems necessary to implement this chapter, including but not limited to the appointment and duties of commissioners of deeds and other measures necessary to prevent the fraudulent use of a document affixed with the commissioner of deeds' seal. [L 2016, c 78, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 503B. Time Share Commissioners of Deeds › 503B-12 Immunity.

§503B-12 Immunity.
(a) The lieutenant governor and employees of the office of the lieutenant governor shall be immune from liability for good faith conduct under this chapter.
(b) Notwithstanding any law to the contrary, nothing in this chapter shall be construed to constitute a waiver of any immunity of the State, and no action or failure to act under this chapter shall be construed to create any liability for the State or its officers or employees for the recovery of any damages caused by any action or failure to act. [L 2016, c 78, pt of §2]
2023 Hawaii Revised Statutes › Title 28. Property › 504. Federal Judgment Registration › 504-1 Registration of federal judgments.

§504-1 Registration of federal judgments.
Judgments of United States courts may be registered, recorded, docketed, and indexed in the bureau of conveyances or with the assistant registrar of the land court in the same manner as judgments of the courts of the State. Except as otherwise provided, every judgment shall contain or have endorsed on it the State of Hawaii general excise taxpayer identification number, the federal employer identification number, or the last four digits only of the social security number for persons, corporations, partnerships, or other entities against whom the judgment is rendered. If the judgment debtor has no social security number, State of Hawaii general excise taxpayer identification number, or federal employer identification number, or if that information is not in the possession of the party seeking the registration, recordation, docketing, or indexing of the judgment, the judgment shall be accompanied by a certificate that provides that the information does not exist or is not in the possession of the party seeking registration, recordation, docketing, or indexing of the judgment. Failure to disclose or disclosure of an incorrect social security number, State of Hawaii general excise taxpayer identification number, or federal employer identification number shall not in any way adversely affect or impair the lien created upon the registration, recordation, docketing, or indexing of the judgment. [L 1951, c 295, §1; RL 1955, §347-1; HRS §504-1; am L 1990, c 203, §4; am L 2008, c 86, §3]
Rules of Court
Recordation, see RLC rule 62(f).
2023 Hawaii Revised Statutes › Title 28. Property › 505. Uniform Federal Tax Lien Registration Act (Modified) › 505-1 Notices filed where.

§505-1 Notices filed where.
Notices of liens for internal revenue taxes payable to the United States and certificates of release or of partial discharge of such liens may be recorded in the bureau of conveyances. [L 1931, c 220, §1; RL 1935, §5190; RL 1945, §12790; am L 1949, c 216, §1; RL 1955, §346-1; am L 1966, c 33, §9; HRS §505-1; am L 1973, c 128, §1]
Rules of Court
Filing liens, see RLC rule 62.
Case Notes
Applied. 113 F. Supp. 702, 710 (1953).
2023 Hawaii Revised Statutes › Title 28. Property › 505. Uniform Federal Tax Lien Registration Act (Modified) › 505-2 Index of liens.

§505-2 Index of liens.
When a notice of such tax lien is recorded, the registrar shall forthwith cause the same to be indexed in the general indexes of the bureau of conveyances. [L 1931, c 220, §2; RL 1935, §5191; RL 1945, §12791; RL 1955, §346-2; am L 1966, c 33, §10; HRS §505-2]
2023 Hawaii Revised Statutes › Title 28. Property › 505. Uniform Federal Tax Lien Registration Act (Modified) › 505-3 Certificates of release.

§505-3 Certificates of release.
Certificates of release or of partial discharges of any tax lien containing a reference to the book and page or document number of the registration of the original tax lien issued by the collector of internal revenue or other proper officer are entitled to be recorded in the bureau of conveyances. The registrar shall forthwith cause the same to be indexed in the general indexes in like manner as the original lien. [L 1931, c 220, §3; RL 1935, §5192; RL 1945, §12792; RL 1955, §346-3; am L 1966, c 33, §11; HRS §505-3; am L 1989, c 47, §13]
2023 Hawaii Revised Statutes › Title 28. Property › 505. Uniform Federal Tax Lien Registration Act (Modified) › 505-4 Fees.

§505-4 Fees.
Unless otherwise provided by rules established by the department of land and natural resources, pursuant to chapter 91, the fees payable under this chapter are as follows:
(1) For each notice of federal tax lien in the bureau of conveyances, $10; and
(2) For each certificate of release, partial release, or discharge of a federal tax lien in the bureau of conveyances, $10. [L 1931, c 220, §5; RL 1935, §5194; RL 1945, §12794; am L 1949, c 56, §1; RL 1955, §346-4; am L 1966, c 33, §12; HRS §505-4; am L 1973, c 128, §2; am L 1989, c 47, §14; am L 2019, c 111, §30]
Cross References
Modification of fees, see §92-28.