reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-404 Investment adviser representative registration requirement and exemptions.

§485A-404 Investment adviser representative registration requirement and exemptions.
(a) It is unlawful for an individual to transact business in this State as an investment adviser representative unless the individual is registered under this chapter as an investment adviser representative or is exempt from registration as an investment adviser representative under subsection (b).
(b) The following individuals are exempt from the registration requirement of subsection (a):
(1) An individual who is employed by or associated with an investment adviser that is exempt from registration under section 485A-403(b) or a federal covered investment adviser that is excluded from the notice filing requirements of section 485A-405; or
(2) Any other individual exempted by rule adopted or order issued under this chapter.
(c) The registration of an investment adviser representative is effective only while the investment adviser representative is employed by or associated with an investment adviser registered under this chapter or a federal covered investment adviser that has made or is required to make a notice filing under section 485A-405.
(d) If an individual transacts business as an investment adviser representative for more than one investment adviser or federal covered investment adviser, the investment advisers and federal covered investment advisers shall be jointly and severally liable for the business transactions of the investor adviser representative unless otherwise agreed to between the investment adviser representative, investment advisers, and federal covered investment adviser.
(e) It is unlawful for an individual acting as an investment adviser representative, directly or indirectly, to conduct business in this State on behalf of an investment adviser or a federal covered investment adviser if the registration of the individual as an investment adviser representative is suspended or revoked or the individual is barred from employment or association with an investment adviser or a federal covered investment adviser by an order under this chapter, the Securities and Exchange Commission, or a self-regulatory organization. Upon request from a federal covered investment adviser and for good cause, the commissioner, by order issued, may waive, in whole or in part, the application of the requirements of this subsection to the federal covered investment adviser. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-405 Federal covered investment adviser notice filing requirement.

§485A-405 Federal covered investment adviser notice filing requirement.
(a) Except with respect to a federal covered investment adviser described in subsection (b), it is unlawful for a federal covered investment adviser to transact business in this State as a federal covered investment adviser unless the federal covered investment adviser complies with subsection (c).
(b) The following federal covered investment advisers are not required to comply with subsection (c):
(1) A federal covered investment adviser without a place of business in this State if its only clients in this State are:
(A) Federal covered investment advisers, investment advisers registered under this chapter, and broker-dealers registered under this chapter;
(B) Institutional investors;
(C) Bona fide preexisting clients whose principal places of residence are not in this State; or
(D) Other clients specified by rule adopted or order issued under this chapter;
(2) A federal covered investment adviser without a place of business in this State if the person has had, during the preceding twelve months, not more than five clients that are residents of this State in addition to those specified under paragraph (1); or
(3) Any other person excluded by rule adopted or order issued under this chapter.
(c) A person acting as a federal covered investment adviser not excluded under subsection (b) shall file a notice on a form designated by the commissioner, a consent to service of process complying with section 485A-610, and records that have been filed with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as required by rule adopted or order issued under this chapter, and pay the fees specified in section 485A-410(e).
(d) The notice under subsection (c) becomes effective upon its filing. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-406 Registration by broker-dealer, agent, investment adviser, and investment adviser representative.

§485A-406 Registration by broker-dealer, agent, investment adviser, and investment adviser representative.
(a) A person shall register as a broker-dealer, agent, investment adviser, or investment adviser representative by filing an application and a consent to service of process complying with section 485A-610, and paying the fee specified in section 485A-410 and any reasonable fees charged by the commissioner for processing the filing. The application shall contain:
(1) The information required for the filing of a uniform application; and
(2) Upon request by the commissioner, any other financial or other information that the commissioner determines is appropriate.
(b) If the information or record contained in an application filed under subsection (a) is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment.
(c) If an order is not in effect and a proceeding is not pending under section 485A-412, registration becomes effective at noon on the forty-fifth day after a completed application is filed, unless the registration is denied or the commissioner has given written notice of deficiencies that are unresolved. A rule adopted or order issued under this chapter may set an earlier effective date or may defer the effective date until noon on the forty-fifth day after the filing of any amendment completing the application.
(d) A registration is effective until midnight on December 31 of the year for which the application for registration is filed. Unless an order is in effect under section 485A-412, a registration may be automatically renewed each year by filing records that are required by rule adopted or order issued under this chapter to be filed, by paying the fee specified in section 485A-410, and by paying costs charged by the commissioner for processing the filings.
(e) A rule adopted or order issued under this chapter may impose other conditions, not inconsistent with the National Securities Markets Improvement Act of 1996. An order issued under this chapter may waive, in whole or in part, specific requirements in connection with registration as are in the public interest and for the protection of investors. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-407 Succession and change in registration of broker-dealer or investment adviser.

§485A-407 Succession and change in registration of broker-dealer or investment adviser.
(a) A broker-dealer or investment adviser may succeed to the current registration of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser, and a federal covered investment adviser may succeed to the current registration of an investment adviser or notice filing of another federal covered investment adviser, by filing as a successor an application for registration pursuant to section 485A-401 or 485A-403 or a notice pursuant to section 485A-405 for the unexpired portion of the current registration or notice filing.
(b) A broker-dealer or investment adviser that changes its form of organization or state of incorporation or organization may continue its registration by filing an amendment to its registration if the change does not involve a material change in its financial condition or management. The amendment becomes effective when filed or on a date designated by the registrant in its filing. The new organization shall be a successor to the original registrant for the purposes of this chapter. If there is a material change in financial condition or management, the broker-dealer or investment adviser shall file a new application for registration. A predecessor registered under this chapter shall stop conducting its securities business other than winding down transactions and shall file for withdrawal of broker-dealer or investment adviser registration within forty-five days after filing its amendment to effect succession.
(c) A broker-dealer or investment adviser that changes its name may continue its registration by filing an amendment to its registration statement and providing any other information that the commissioner determines is appropriate by rule adopted or order issued under this chapter. The amendment becomes effective when filed or on a date designated by the registrant.
(d) A change of control of a broker-dealer or investment adviser may be made in accordance with a rule adopted or order issued under this chapter. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-409 Withdrawal of registration of broker-dealer, agent, investment adviser, and investment adviser representative.

§485A-409 Withdrawal of registration of broker-dealer, agent, investment adviser, and investment adviser representative.
The withdrawal of registration by a broker-dealer, agent, investment adviser, or investment adviser representative becomes effective sixty days after the filing of the application to withdraw or within any shorter period as provided by rule adopted or order issued under this chapter unless a revocation or suspension proceeding is pending when the application is filed. If a revocation or suspension
proceeding is pending, withdrawal becomes effective when and upon such conditions as required by rule adopted or order issued under this chapter. The commissioner may institute a revocation or suspension proceeding under section 485A-412 within one year after the withdrawal became effective and issue a revocation or suspension order as of the last date on which registration was effective. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-410 Filing fees.

§485A-410 Filing fees.
(a) A person shall pay a fee of $200 when initially filing an application for registration as a broker-dealer and a fee of $200 when filing a renewal of registration as a broker-dealer.
(b) The fee for an individual is $50 when filing an application for registration as an agent, a fee of $50 when filing a renewal of registration as an agent, and a fee of $50 when filing for a transfer of registration as an agent.
(c) A person shall pay a fee of $100 when filing an application for registration as an investment adviser and a fee of $100 when filing a renewal of registration as an investment adviser.
(d) The fee for an individual is $50 when filing an application for registration as an investment adviser representative, a fee of $50 when filing a renewal of registration as an investment adviser representative, and a fee of $50 when filing for a transfer of registration as an investment adviser representative.
(e) A federal covered investment adviser required to file a notice under section 485A-405 shall pay an annual fee of $100.
(f) A person required to pay a fee under this section may transmit the fee through or to a designee of the commissioner as provided in a rule adopted or order issued
under this chapter.
(g) The fee for copies of documents filed in the office of the commissioner shall be 25 cents per page. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-501 General fraud.

§485A-501 General fraud.
(a) It shall be unlawful for a person, in connection with the offer, sale, or purchase of a security, directly or indirectly:
(1) To employ a device, scheme, or artifice to defraud;
(2) To make an untrue statement of a material fact or to fail to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading;
(3) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon another person;
(4) To issue, circulate, or publish any prospectus, circular, advertisement, printed matter, document, pamphlet, leaflet, or other literature (in this chapter collectively referred to as "advertising matter"), which contains an untrue statement of a material fact or fails to state a material fact necessary to make the statements therein made, in light of the circumstances under which they are made, not misleading;
(5) To issue, circulate, or publish any advertising matter or make any written representation, unless the name of the person issuing, circulating, publishing, or making the same and the fact that the person is issuing, circulating, or making the same shall be clearly indicated thereon;
(6) To make any statement or representation or issue, circulate, or publish any advertising matter containing any statement, to the effect that the
security has been in any way approved or endorsed by the commissioner; or
(7) To issue, circulate, or publish any advertising matter unless a copy thereof has been previously filed with the office of the commissioner, or unless the commissioner has by rule adopted or order issued under this chapter exempted the filing of any advertising material.
(b) Subsections (a)(5) and (7) shall not apply to any advertising matter that is covered by section 18(a) of the Securities Act of 1933 (15 U.S.C. 77), and that relates to or is used in connection with the offer or sale of a federal covered security. [L 2006, c 229, pt of §1; am L 2012, c 54, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-503 Evidentiary burden.

§485A-503 Evidentiary burden.
(a) In a civil action or administrative proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion shall have the burden to prove the applicability of the claim.
(b) In a criminal proceeding under this chapter, a person claiming an exemption, exception, preemption, or exclusion shall have the burden of going forward with evidence of the claim. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-504 Filing of sales and advertising literature.

[ §485A-504] Filing of sales and advertising literature.
(a) Except as otherwise provided in subsection (b) and section 485A-501(a)(7), a rule adopted or order issued under this chapter may require the filing of a prospectus, pamphlet, circular, form letter, advertisement, sales literature, or other advertising record relating to a security or investment advice, addressed or intended for distribution to prospective investors, including clients or prospective clients of a person registered or required to be registered as an investment adviser under this chapter.
(b) This section shall not apply to sales and advertising literature specified in subsection (a) that relate to a federal covered security, a federal covered investment adviser, or a security or transaction exempted by section 485A-201, 485A-202, or 485A-203, except as required pursuant to section 485A-201(7). [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-505 Misleading filings.

§485A-505 Misleading filings.
It shall be unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to fail to state a material fact necessary to make the statement made, in light of the circumstances under which it was made, not false or misleading. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-506 Misrepresentations concerning registration or exemption.

§485A-506 Misrepresentations concerning registration or exemption.
(a)
The filing of an application for registration, a registration statement, a notice filing under this chapter, the registration of a person, the notice filing by a person, or the registration of a security under this chapter shall not constitute a finding by the commissioner that the record filed under this chapter is true, complete, and not misleading.
(b)
The filing or registration or the availability of an exemption, exception, preemption, or exclusion for a security or a transaction does not mean that the commissioner has passed upon the merits or qualifications of, or recommended or given approval to, a person, security, or transaction.
(c) It shall be unlawful to make, or cause to be made, to a purchaser, customer, client, or prospective customer or client, a representation that is inconsistent with this section. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-507 Qualified immunity.

§485A-507 Qualified immunity.
A broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative shall not be liable to another broker-dealer, agent, investment adviser, federal covered investment adviser, or investment adviser representative for defamation relating to a statement that is contained in a record required by or filed with the commissioner or a designee of the commissioner, the Securities and Exchange Commission, or a self-regulatory organization, unless the person knew, or should have known at the time that the statement was made, that it was false in a material respect or the person acted in reckless disregard of the statement's truth or falsity. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-603 Civil enforcement.

§485A-603 Civil enforcement.
(a) If the commissioner believes that a person has engaged, is engaging, or is about to engage in an act, practice, or course of business constituting a violation of this chapter or a rule adopted or order issued under this chapter or that a person has, is, or is about to engage in an act, practice, or course of business that materially aids a violation of this chapter or a rule adopted or order issued under this chapter, the commissioner may maintain an action in a court of competent jurisdiction to enjoin the act, practice, or course of business, and to enforce compliance with this chapter or a rule adopted or order issued under this chapter.
(b) In an action under this section and on a proper showing, the court may:
(1) Issue a permanent or temporary injunction, restraining order, or declaratory judgment;
(2) Order other appropriate or ancillary relief, which may include:
(A) An asset freeze, accounting, writ of attachment, writ of general or specific execution, and appointment of a receiver or conservator, that may be the commissioner, for the defendant or the defendant's assets;
(B) Ordering the commissioner to take charge and control of a defendant's property, including investment accounts and accounts in a depository institution, rents, and profits; to collect debts; and to acquire and dispose of property;
(C) Imposing a civil penalty up to $50,000 for a single violation;
(D) Ordering rescission, restitution, or disgorgement directed to a person that has engaged in an act, practice, or course of business constituting a violation of this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act; and
(E) The payment of prejudgment and postjudgment interest;
(3) Order the payment of costs and reasonable attorney's fees; and
(4) Order such other relief as the court considers appropriate.
(c) The commissioner shall not be required to post a bond in an action or proceeding under this chapter.
(d) In an action under this section, the commissioner may apply for and on due showing be entitled to have issued by the court, a subpoena requiring forthwith the appearance of any defendant and the defendant's employees, salespersons, or agents and the production of documents, books, and records as may appear necessary for the hearing of such petition to testify and give evidence concerning the acts or conduct or things
complained of in the application for the injunction. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-603.5 Additional civil penalties for securities violations committed against elders.

§485A-603.5 Additional civil penalties for securities violations committed against elders.
If a person commits a violation under this chapter and the violation is directed toward, targets, or is committed against a person who at the time of the violation is sixty-two years of age or older, a court, in addition to any other civil penalty, may impose a civil penalty not to exceed $50,000 for each violation; provided that this section shall not apply to registered broker-dealers for violations of [section] 485A-412(d)(9). [L 2007, c 95, pt of §2]
Cross References
Some other actions or penalties for violations committed against elders, see § §28-94, 412:3-114.5, 444-10.7, 454-4.5, 480-13, 480-13.5, 485A-604.5, and 487-14.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-604.5 Additional administrative penalties for securities violations committed against elders. If a person commits a violation under this chapter and the violation is directed toward, targets, or is committed against a person who at the time of the violation is sixty-two years of age or older, the commissioner, in addition to any other administrative penalty, may impose an administrative penalty not to exceed $50,000 for each violation; provided that this section shall not apply to registered broker-dealers for violations of [section] 485A-412(d)(9). [L 2007, c 95, pt of §2] Cross References Some other actions or penalties for violations committed against elders, see § §28-94, 412:3-114.5, 444-10.7, 454-4.5, 480-13, 480-13.5, 485A-603.5, and 487-14.

§485A-604.5
Additional administrative penalties for securities violations committed against elders
. If a person commits a violation under this chapter and the violation is directed toward, targets, or is committed against a person who at the time of the violation is sixty-two years of age or older, the commissioner, in addition to any other administrative penalty, may impose an administrative penalty not to exceed $50,000 for each violation; provided that this section shall not apply to registered broker-dealers for violations of [section] 485A-412(d)(9). [L 2007, c 95, pt of §2]
Cross References
Some other actions or penalties for violations committed against elders, see § §28-94, 412:3-114.5, 444-10.7, 454-4.5, 480-13, 480-13.5, 485A-603.5, and 487-14.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-605 Venue.

§485A-605 Venue.
Any action brought by the commissioner under this chapter may be brought in any circuit in the State at the commissioner's discretion. Any other action under this chapter shall be brought in the circuit of the plaintiff's residence or in the circuit in which the commissioner has the commissioner's office. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-606 Rules, forms, orders, interpretative opinions, and hearings.

[ §485A-606] Rules, forms, orders, interpretative opinions, and hearings.
(a) The commissioner may adopt, amend, and repeal, pursuant to chapter 91, such rules as may be necessary to carry out the purposes of this chapter. Notwithstanding this subsection, the commissioner may adopt, amend, and repeal forms and orders necessary to implement this chapter without regard to chapter 91. No form or order shall be adopted, amended, or repealed without regard to chapter 91, unless the commissioner finds that the action is in the public interest, necessary or appropriate for the protection of investors, and consistent with the purposes of this chapter.
(b) Subject to section 15(h) of the Securities Exchange Act (15 U.S.C. 780) and section 222 of the Investment Advisers Act of 1940 (15 U.S.C. 806-18a), the commissioner may require that a financial statement filed under this chapter be prepared in accordance with generally accepted accounting principles in the United States and comply with other requirements specified by rule adopted or order issued under this chapter. A rule adopted or order issued under this chapter may establish:
(1) Subject to section 15(h) of the Securities Exchange Act (15 U.S.C. 780) and section 222 of the Investment [Advisers] Act of 1940 (15 U.S.C. 806-18a), the form and content of financial statements required under this chapter;
(2) Whether unconsolidated financial statements must be filed; and
(3) Whether required financial statements must be audited by an independent certified public accountant.
(c) The commissioner may provide interpretative opinions or issue determinations that the commissioner will not institute a proceeding or an action under this chapter against a specified person for engaging in a specified act, practice, or course of business if the determination is consistent with this chapter. A rule adopted or order issued under this chapter may establish a reasonable charge for interpretative opinions or determinations that the commissioner will not institute an action or a proceeding under this chapter.
(d) A hearing in an administrative proceeding under this chapter shall be conducted in public unless the commissioner for good cause consistent with this chapter determines that the hearing will not be so conducted. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-607 Administrative files and opinions.

§485A-607 Administrative files and opinions.
(a) The commissioner shall maintain, or designate a person to maintain, a register of applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers, and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this chapter or the predecessor act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor act; and interpretative opinions or no action determinations issued under this chapter.
(b) The commissioner shall make all rules, forms, interpretative opinions, and orders available to the public in accordance with chapter 92F.
(c) The commissioner shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests in accordance with chapter 92F. A copy of the record certified or a certificate by the commissioner of a record's nonexistence is prima facie evidence of a record or its nonexistence. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-608 Public records; confidentiality.

§485A-608 Public records; confidentiality.
(a) Except as otherwise provided in subsection (b) or chapter 92F, records obtained by the commissioner or filed under this chapter, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination.
(b) The following records are not public records and are not available for public examination under subsection (a):
(1) A record obtained by the commissioner in connection with an audit or inspection under section 485A-411(d) or an investigation under section 485A-602;
(2) A part of a record filed in connection with a registration statement under sections 485A-301 and 485A-303 to 485A-305, or a record under section 485A-411(c) that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law;
(3) A record that is not required to be provided to the commissioner or filed under this chapter and is provided to the commissioner only on the condition that the record will not be subject to public examination or disclosure;
(4) A nonpublic record received from a person specified in section 485A-602(g);
(5) Any social security number, residential address unless used as a business address, and residential telephone number unless used as a business telephone number, contained in a record that is filed; and
(6) A record obtained by the commissioner through a designee of the commissioner that a rule or order under this chapter determines has been:
(A) Expunged from the commissioner's records by the designee; or
(B) Determined to be nonpublic or nondisclosable by that designee if the commissioner finds the determination to be in the public interest and for the protection of investors.
(c) If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified in section 485A-602(g), the commissioner may disclose a record obtained in connection with an audit or inspection under section 485A-411(d) or a record obtained in connection with an investigation under section 485A-602. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-609 Appeals to court, first circuit; time; bonds; costs; decree; further appeal.

§485A-609 Appeals to court, first circuit; time; bonds; costs; decree; further appeal.
(a) An appeal may be taken by any aggrieved person from any final order of the commissioner to the circuit court of the first circuit in the manner provided in chapter 91. The appellant shall execute a bond in the penal sum of $1,000 to the State, with sufficient surety, to be approved by the commissioner or the court, conditioned upon the faithful prosecution of the appeal to final judgment, and the payment of all such costs as shall be adjudged against the appellant.
(b) The appeal shall be conducted without a jury and confined to the record, and it may be given precedence by the court over other matters pending in the court.
(c) If the order of the commissioner is reversed the court shall by its mandate specifically direct the commissioner as to the commissioner's further action in the matter, including the making and entering of any order or orders in connection therewith, and the conditions, limitations, or restrictions to be therein contained; provided that the commissioner shall not thereby be barred from thereafter revoking or altering the order for any proper cause which may thereafter accrue or be discovered.
(d) If the order is affirmed, the appellant shall not be barred after thirty days from filing a new application; provided the application is not otherwise barred or limited.
(e) The appeal shall not in any way suspend the operation of the order appealed from during the pendency of the appeal unless upon proper order of the commissioner or the court.
(f) An appeal may be taken from the decree of the circuit court to the supreme court. [L 2006, c 229, pt of §1]
Rules of Court
Appeal to circuit court, see HRCP rule 72; appeals, see Hawaii Rules of Appellate Procedure.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-610 Service of process.

§485A-610 Service of process.
(a) A consent to service of process complying with this section shall be signed and filed in the form required by a rule or order under this chapter. A consent appointing the commissioner the person's agent for service of process in a noncriminal action or proceeding against the person, or the person's successor or personal representative under this chapter or a rule adopted or order issued under this chapter after the consent is filed, has the same force and validity as if the service were made personally on the person filing the consent. A person that has filed a consent complying with this subsection in connection with a previous application for registration or notice filing need not file an additional consent.
(b) If a person, including a nonresident of this State, engages in an act, practice, or course of business prohibited or made actionable by this chapter or a rule adopted or order issued under this chapter and the person has not filed a consent to service of process under subsection (a), the act, practice, or course of business constitutes the appointment of the commissioner as the person's agent for service of process in a noncriminal action or proceeding against the person or the person's successor or personal representative.
(c) Service under subsection (a) or (b) may be made by providing a copy of the process to the office of the commissioner; provided that it shall not be effective unless:
(1) The plaintiff, which may be the commissioner, promptly sends notice of the service and a copy of the process, return receipt requested, to the defendant or respondent at the address set forth in the consent to service of process or, if a consent to service of process has not been filed, at the last known address, or takes other reasonable steps to give notice; and
(2) The plaintiff files an affidavit of compliance with this subsection in the action or proceeding on or before the return day of the process, if any, or within the time that the court, or the commissioner in a proceeding before the commissioner, allows.
(d) Service pursuant to subsection (c) may be used in a proceeding before the commissioner or by the commissioner in a civil action in which the commissioner is the moving party.
(e) If process is served under subsection (c), the court, or the commissioner in a proceeding before the commissioner, shall order continuances as are necessary or appropriate to afford the defendant or respondent reasonable opportunity to defend.
(f) If any process or pleadings mentioned in this chapter are served upon the commissioner, it shall be by duplicate copies, one of which shall be filed in the office of the commissioner and another immediately forwarded by the commissioner by registered mail to the principal office of the issuer against which the process or pleadings are directed. [L 2006, c 229, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-701 Application of act to existing proceeding and existing rights and duties.

§485A-701 Application of act to existing proceeding and existing rights and duties.
(a) The predecessor act exclusively governs all actions or proceedings that are pending on July 1, 2008, or may be instituted on the basis of conduct occurring before July 1, 2008; provided that a civil action may not be maintained to enforce any liability under the predecessor act unless instituted within any period of limitation that applied when the cause of action accrued or within five years after July 1, 2008, whichever is earlier.
(b) All effective registrations under the predecessor act, all administrative orders relating to the registrations, rules, statements of policy, interpretative opinions, declaratory rulings, no-action determinations, and conditions imposed on the registrations under the predecessor act shall remain in effect for the period that they would have remained in effect if this chapter had not been enacted. The registration orders, rules, statements, opinions, rulings, determinations, and conditions, shall be deemed to have been filed, issued, or imposed under this chapter, but shall be exclusively governed by the predecessor act. [L 2006, c 229, pt of §1]
Revision Note
"July 1, 2008" substituted for "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-801 Definitions.

§485A-801 Definitions.
As used in this part, unless the context otherwise requires:
"Elder" means an individual sixty-two years of age or older.
"Financial exploitation" means:
(1) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elder or a vulnerable adult; or
(2) Any act or omission by a person, including through the use of a power of attorney, guardianship, or conservatorship of an elder or a vulnerable adult, to:
(A) Obtain control through deception, intimidation, or undue influence over the elder's or vulnerable adult's money, assets, or property to deprive the elder or vulnerable adult of the ownership, use, benefit, or possession of the elder's or vulnerable adult's money, assets, or property; or
(B) Convert money, assets, or property of the elder or vulnerable adult to deprive the elder or vulnerable adult of the ownership, use, benefit, or possession of the elder's or vulnerable adult's money, assets, or property.
"Qualified person" means any agent, broker-dealer, investment adviser representative, investment adviser, or person who serves in a supervisory or compliance capacity for a broker-dealer or an investment adviser.
"Reasonably associated individual" means any person known to the qualified person to be reasonably associated with the elder, vulnerable adult, or account.
"Vulnerable adult" means a person eighteen years of age or older who, because of mental, developmental, or physical impairment, is unable to:
(1) Communicate or make responsible decisions to manage the person's own care or resources;
(2) Carry out or arrange for essential activities of daily living; or
(3) Protect oneself from abuse. [L 2021, c 54, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-802 Governmental disclosures.

§485A-802 Governmental disclosures.
If a qualified person reasonably believes that financial exploitation of an elder or a vulnerable adult may have occurred, may have been attempted, or is being attempted, the qualified person shall promptly notify the commissioner. [L 2021, c 54, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-803 Immunity for governmental disclosures.

§485A-803 Immunity for governmental disclosures.
A qualified person who, in good faith and exercising reasonable care, makes a disclosure of information pursuant to section 485A-802 shall be immune from administrative or civil liability that might otherwise arise from the disclosure or for any failure to notify the commissioner of the disclosure. [L 2021, c 54, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-804 Third-party disclosures.

§485A-804 Third-party disclosures.
If a qualified person reasonably believes that financial exploitation of an elder or a vulnerable adult may have occurred, may have been attempted, or is being attempted, a qualified person may notify a reasonably associated individual or any third party previously designated by the elder or vulnerable adult. Disclosure shall not be made to any reasonably associated individual or previously designated third party who is suspected of financial exploitation or other abuse of the elder or vulnerable adult. [L 2021, c 54, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-805 Immunity for third-party disclosures.

§485A-805 Immunity for third-party disclosures.
A qualified person who, in good faith and exercising reasonable care, makes a disclosure of information pursuant to section 485A-804 shall be immune from any administrative or civil liability that might otherwise arise from the disclosure. [L 2021, c 54, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-806 Delaying disbursements or transactions.

§485A-806 Delaying disbursements or transactions.
(a) A qualified person may delay a disbursement from, or a transaction in connection with, an account of an elder or a vulnerable adult, or an account on which an elder or a vulnerable adult is a beneficiary, if:
(1) The qualified person reasonably believes that the requested disbursement or transaction may result in financial exploitation of the elder or vulnerable adult after initiating an internal review of the requested disbursement or transaction and the suspected financial exploitation; and
(2) The qualified person:
(A) Immediately, but in no event more than two business days after the requested disbursement or transaction is delayed, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless any party is reasonably believed to have engaged in suspected or attempted financial exploitation of the elder or vulnerable adult;
(B) Immediately, but in no event more than two business days after the requested disbursement or transaction is delayed, notifies the commissioner; and
(C) Continues its internal review of the suspected or attempted financial exploitation of the elder or vulnerable adult, as necessary, and provides status updates to the commissioner upon request.
(b) Any delay of a requested disbursement or transaction as authorized by this section shall expire upon the sooner of:
(1) A determination by the qualified person that the requested disbursement or transaction will not result in financial exploitation of the elder or vulnerable adult; or
(2) Fifteen business days after the date on which the qualified person first delayed the requested disbursement or transaction, unless the commissioner requests that the qualified person extend the delay, in which case the delay shall expire no later than twenty-five business days after the date on which the qualified person first delayed the requested disbursement or transaction, unless sooner terminated or further extended by the commissioner or by an order of a court of competent jurisdiction.
(c) A court of competent jurisdiction may enter an order extending the delay of the requested disbursement or transaction, or may order other protective relief based on the petition of the commissioner, the qualified person who initiated the delay under this section, or other interested party. [L 2021, c 54, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-807 Immunity for delaying disbursements or transactions.

§485A-807 Immunity for delaying disbursements or transactions.
A qualified person who, in good faith and exercising reasonable care, complies with section 485A-806 shall be immune from any administrative or civil liability that might otherwise arise from a delay of a requested disbursement or transaction in accordance with that section. [L 2021, c 54, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 485A. Uniform Securities Act › 485A-808 Records.

§485A-808 Records.
A qualified person shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an elder or a vulnerable adult to the commissioner or law enforcement, either as part of a referral to the commissioner or law enforcement, or upon request of the commissioner or law enforcement pursuant to an investigation. The records may include historical records as well as records relating to the most recent transaction or transactions that may comprise financial exploitation of an elder or a vulnerable adult. All records made available under this section shall be exempt from disclosure under chapter 92F.
Nothing in this section shall limit or otherwise impede the authority of the commissioner to access or examine the books and records of a qualified person as otherwise provided by law. [L 2021, c 54, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-2 Cooperation; uniformity of regulations.

§486-2 Cooperation; uniformity of regulations.
The board may cooperate and enter into agreements with any state or county agency, federal or other state or county agency with similar statutory functions for the purpose of carrying out the respective parts of this chapter and to establish uniformity, to the extent that it is reasonably possible, with federal enactments or regulations consistent with the respective parts of this chapter. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-3 Construction.

§486-3 Construction.
The license required by any part of this chapter shall be in addition to any other license required by law.
The operation and effect of any provision of the respective parts of this chapter conferring a general power shall not be impaired or qualified by the granting of a specific power or powers, and to that end each provision of the respective parts of this chapter shall be construed liberally.
If any provision of the respective parts of this chapter is in conflict with any statute, ordinance, rule or regulation, the provisions of this chapter shall take precedence. [L 1988, c 156, pt of §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-4 Measurement standards branch; administrator.

§486-4 Measurement standards branch; administrator.
There shall be a measurement standards branch within the department. The administrator shall enforce the board's rules and administer the branch and such technical and clerical personnel as are necessary to carry out this chapter, in accord with the power, authority and duties delegated by the board. [L 1988, c 156, pt of §3; am L 1991, c 153, §10; am L 1997, c 163, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-5 Powers and duties of the administrator, and inspectors.

§486-5 Powers and duties of the administrator, and inspectors.
The administrator may delegate any of the administrator's authority, powers and duties to the inspectors or other measurement standards personnel when such delegation is deemed necessary for the efficient and effective enforcement of the respective parts of this chapter. [L 1988, c 156, pt of §3; gen ch 1992]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 486. Measurement Standards › 486-6 General powers and duties of board.

§486-6 General powers and duties of board.
The board shall have the custody of the state measurement standards including the other standards and equipment provided for by this chapter, and shall keep accurate records of the same. The board shall maintain such standards in a protective environment, as appropriate to such standards, and through the administrator and inspectors, shall enforce this chapter. The board shall have and maintain general supervision over the measurement standards proposed, established, or in use, and measures and measurement standards offered for sale, sold, or in use in the State. [L 1988, c 156, pt of §3; am L 1991, c 153, §11]