reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 321 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND PROGRAM › Subchapter 2 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND LOAN PROGRAM › Section 15-321-11 - Project criteria for funding; minimum requirements

Current through June, 2024
Qualified housing projects funded in whole or in part
					 through loans from the fund must meet one of the following criteria in
					 descending order of priority:
(1)
				  Affordable for-sale projects or units in projects that are funded by programs
				  of the United States Department of Housing and Urban Development, the United
				  States Department of Agriculture Rural Development, and the United States
				  Department of the Treasury Community Development Financial Institutions Fund,
				  wherein:
(A) At least fifty per cent of the
				  available units are reserved for persons and families having incomes at or
				  below eighty per cent of the United States Department of Housing and Urban
				  Development area median family income and of which at least five per cent of
				  the available units are for persons and families having incomes at or below
				  fifty per cent of the United States Department of Housing and Urban Development
				  area median family income; and
(B)
				  The remaining units are reserved for persons and families having incomes at or
				  below one hundred twenty per cent of the United States Department of Housing
				  and Urban Development area median family income; or
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 321 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND PROGRAM › Subchapter 2 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND LOAN PROGRAM › Section 15-321-12 - Affordable homeownership revolving fund; allowable uses

Current through June, 2024
(a)
				  The fund may be used to provide loans for the development of affordable
				  for-sale projects that meet the minimum criteria for eligibility set forth in
				  section 15-321-11. Additionally, an amount
				  from the fund may be used to pay for administrative expenses incurred by the
				  corporation in administering the fund.
(b) Activities and costs eligible for
				  assistance from the fund shall include, but are not limited to:
(1) Planning;
(2) Design;
(3) Land acquisition, including the costs of
				  options, agreements of sale, and down payments;
(5) Equity financing as matching funds to
				  obtain other sources of private or public financing;
(6) New construction or rehabilitation of
				  housing units;
(7) Acquisition of
				  housing units for the purpose of preservation as affordable housing;
				  and
(8) Pre-development costs;
				  provided that loans for predevelopment costs are limited to only one loan per
				  project.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 321 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND PROGRAM › Subchapter 2 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND LOAN PROGRAM › Section 15-321-13 - Applications for loans; funding priority

Current through June, 2024
(a) A nonprofit
				  housing development organization or nonprofit community development financial
				  institution may apply for a loan by submitting an application, on forms
				  prescribed by the corporation, along with any additional information that the
				  corporation deems to be applicable. Information requested by the corporation
				  may include, but is not limited to:
(1) The
				  borrower, including principals;
(2)
				  Organizational structure and history;
(3) Financial statements;
(4) Experience in the development or
				  financing of affordable for-sale housing;
(5) Project description;
(6) Project status and development
				  timetable;
(7) Site
				  information;
(8) Project
				  financing;
(9) If a loan from the
				  fund will be leveraged to obtain capital from the United States Department of
				  the Treasury or other public and private sources, information on:
(A) The source(s) of other funding,
				  requirements for funding, and loan terms;
(B) The timetable for obtaining outside
				  capital, including how and when loan funds must be disbursed; and
(C) How and when loan funds will be disbursed
				  and repaid relative to the other source(s) of funding;
(10) Any other information that the
				  corporation deems necessary to determine the qualification of the applicant and
				  feasibility of the project.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 321 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND PROGRAM › Subchapter 2 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND LOAN PROGRAM › Section 15-321-14 - Applications for loans; processing

Current through June, 2024
(a) Upon receipt of
				  an application for a loan, staff shall time stamp the same as received and
				  review the application for completeness and compliance with applicable rules
				  under this chapter.
(b) If an
				  application is incomplete, the applicant will be notified in writing and given
				  ten business days to remedy any problems or deficiencies in the application. If
				  the problem or deficiency remains unresolved after the ten-day period, staff
				  shall send a loan denial letter to the applicant stating the reasons for
				  denial.
(c) If the proposed project
				  does not meet the affordability and eligible use requirements set forth in this
				  chapter, staff shall send a loan denial letter to the applicant stating the
				  reasons for denial.
(d) During the
				  project evaluation process, staff may request additional information from the
				  applicant to further inform the evaluation process, even if the application was
				  complete when submitted. In each instance where additional information is
				  requested, the applicant shall be given ten business days to respond, which
				  shall be separate from and in addition to the period provided by subsection
				  (b).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 321 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND PROGRAM › Subchapter 2 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND LOAN PROGRAM › Section 15-321-15 - Evaluation of requests for project loans; project benefits and impact

Current through June, 2024
(a) Staff shall review and evaluate each
				  complete loan application, and shall take into consideration factors such as
				  compliance with the purposes and intent of chapter
				  201H, HRS, and other relevant
				  factors including, but not limited to, the following:
(1) The organizational mission and history,
				  and legal, business, and community standing of the applicant;
(2) Favorable experience of the applicant and
				  development team in the development of affordable for-sale housing;
(3) The creditworthiness of the applicant and
				  the applicant's ability to repay the money borrowed;
(4) The need, market, and anticipated impact
				  of the proposed project;
(5) The
				  status of the proposed project, including site control status, current zoning,
				  and any zoning change and use permit, etc. that may be needed, development
				  timetable, and status of obtaining other proposed sources of funds;
(6) The extent to which loan funds will be
				  leveraged with other funding sources; and
(7) The reasonableness of project costs and
				  pro forma budget.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 321 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND PROGRAM › Subchapter 2 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND LOAN PROGRAM › Section 15-321-16 - Corporation action

Current through June, 2024
After review of the application to assess the qualification
					 of the applicant and the appropriateness, technical compliance, and feasibility
					 of the proposed project, the administrator may submit the application with a
					 recommendation for approval, contingent approval, or disapproval to the board.
					 Any application forwarded to the' board by the administrator may be rejected,
					 accepted, deferred, or rereferred to the administrator for further review and
					 recommendation. If the corporation accepts a request to allocate funds, it must
					 obtain the governor's approval for funds to be allocated to the
					 project.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 321 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND PROGRAM › Subchapter 2 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND LOAN PROGRAM › Section 15-321-17 - Financing requirements

Current through June, 2024
(a) The corporation
				  may make loans to nonprofit community development financial institutions or
				  nonprofit housing development organizations for the purposes set forth in
				  section 15-321-12.
(b) The corporation, through board action,
				  may at any time approve or disapprove any loan provided pursuant to this
				  chapter.
(c) The loan amount shall
				  not exceed the actual cost of the project, including the land cost, total
				  construction contract price, architectural and engineering fees, interest on
				  the loan, legal and accounting expenses, construction insurance and performance
				  bond premiums, and such other related expenses and costs as are directly
				  attributable to the development and construction of the project; provided that
				  in no event shall the loan amount exceed a loan-to-value ratio of one hundred
				  per cent.
(d) Interim loans shall
				  be funded in accordance with section
				  201H-43, HRS.
(e) Mortgage and security requirements may
				  include the condition that the corporation will make no disbursements of the
				  loan amount until it receives satisfactory evidence that there exists a means
				  of repayment of the project loan and, if the loan will be used to satisfy a
				  matching fund requirement, that said financing assistance has been approved and
				  disbursement of loan funds is required.
(f) A building loan agreement or other
				  security agreements, as appropriate, shall be executed on approval of the loan
				  upon such terms and conditions as the corporation may require.
(g) The corporation may impose such
				  requirements, including restrictions covering the sale of dwelling units set
				  forth in section 201H-47, HRS, or such other
				  restrictions.
(h) The corporation
				  shall establish provisions for monitoring development milestones and, if
				  applicable, status of obtaining funding from the United States Department of
				  the Treasury or other public or private sources of capital.
(i) The corporation shall have the right to
				  rescind or recapture moneys loaned if the terms of the contract are not
				  fulfilled.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 321 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND PROGRAM › Subchapter 2 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND LOAN PROGRAM › Section 15-321-18 - Default

Current through June, 2024
If any loan made under this chapter becomes delinquent or
					 otherwise noncompliant with program requirements, the corporation may proceed
					 with foreclosure actions in accordance with chapter
					 667, HRS, and pursue any other civil
					 remedy permitted by law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 321 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND PROGRAM › Subchapter 2 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND LOAN PROGRAM › Section 15-321-19 - Books and records

Current through June, 2024
The corporation shall ensure that proper records are
					 appropriately maintained. Records shall show, at minimum:
(1) The amount and purpose of the application
				  of moneys on deposit in the program funds;
(2) The source of the moneys; and
(3) Separate accountings for earnings on
				  moneys on deposit in the program funds and proceeds on borrowing in accordance
				  with generally accepted accounting principles.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 321 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND PROGRAM › Subchapter 2 - AFFORDABLE HOMEOWNERSHIP REVOLVING FUND LOAN PROGRAM › Section 15-321-20 - Audit

Current through June, 2024
All records of a project funded pursuant to this chapter
					 shall be subject to audit by the corporation."
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-1 - Application of rules

Current through June, 2024
This chapter is applicable to all domestic stock insurers
				having one hundred or more stockholders; provided that this chapter shall not
				apply to any insurer if ninety-five per cent or more of its stock is owned or
				controlled by a parent or an affiliated insurer and the remaining shares are
				held by less than five hundred stockholders. A domestic stock insurer which
				files with the Securities and Exchange Commission forms of proxies, consents,
				and authorizations complying with the requirements of the Securities Exchange
				Act of 1934 (
				15
				U.S.C. 78a ) and the Securities and Exchange
				Acts Amendments of 1964 ( P.L. 88-467 ) and Regulations X-14 of the Securities
				and Exchange Commission adopted thereunder shall be exempt from the provision
				of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-2 - Proxies, consents, and authorizations

Current through June, 2024
No domestic stock insurer, or any director, officer, or
				employee of the insurer subject to section
				16-1-1, or any other person, shall
				solicit, or permit the use of the person's name to solicit, by mail or
				otherwise, any proxy, consent, or authorization in respect of any stock of the
				insurer in contravention of this chapter, including exhibits entitled "Schedule
				A" and "Schedule B" at the end of this chapter and which are made a part of
				this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-3 - Disclosure of equivalent information

Current through June, 2024
Unless proxies, consents, or authorizations in respect of a
				stock of a domestic insurer subject to section
				16-1-1 are solicited by or on
				behalf of the management of the insurer from the holders of record of stock of
				the insurer in accordance with this chapter and the schedules thereunder prior
				to any annual or other meeting, the insurer shall, in accordance with this
				chapter, file with the insurance commissioner and transmit to all stockholders
				of record information substantially equivalent to the information which would
				be required to be transmitted if a solicitation were made.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-4 - Definitions

Current through June, 2024
(a) The terms "solicit" and "solicitation"
			 for purposes of this chapter shall include:
(1) Any request for a proxy, whether or not
			 accompanied by or included in a form of proxy; or
(2) Any request to execute or not to execute,
			 or to revoke, a proxy; or
(3) The
			 furnishing of a proxy or other communication to stockholders under
			 circumstances reasonably calculated to result in the procurement, withholding,
			 or revocation of a proxy.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-5 - Information to be furnished to stockholders

Current through June, 2024
(a) No solicitation
			 subject to this chapter shall be made unless the person solicited is
			 concurrently furnished or has previously been furnished with a written proxy
			 statement containing the information in the exhibit entitled "Schedule A" at
			 the end of this chapter.
(b) If the
			 solicitation is made on behalf of the management of the insurer and relates to
			 an annual meeting of stockholders at which directors are to be elected, each
			 proxy statement furnished pursuant to subsection (a) shall be accompanied or
			 preceded by an annual report (in preliminary or final form) to the stockholders
			 containing the financial statements for the last fiscal year as are included in
			 the exhibit entitled "Stockholders Information Supplement-Financial Reporting
			 to Stockholder" located at the end of this chapter and which is made a part of
			 this chapter. Subject to the foregoing requirements with respect to financial
			 statements, the annual report to stockholders may be in any form deemed
			 suitable by the management.
(c) Two
			 copies of each report sent to the stockholders pursuant to this chapter shall
			 be mailed to the insurance commissioner, not later than the date on which the
			 report is first sent or given to stockholders or the date on which preliminary
			 copies of solicitation are filed with the insurance commissioner, pursuant to
			 section
			 16-1-7(a),
			 whichever date is later.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-6 - Requirements as to proxy

Current through June, 2024
(a) The form of
			 proxy shall:
(1) Indicate in bold-face type
			 whether or not the proxy is solicited on behalf of the management;
(2) Provide a specifically designated blank
			 space for dating the proxy; and
(3)
			 Identify clearly and impartially each matter or group of related matters
			 intended to be acted upon, whether proposed by the management, or stockholders.
			 No reference need be made to proposals as to which discretionary authority is
			 conferred pursuant to subsection (c).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-7 - Material required to be filed

Current through June, 2024
(a) Two preliminary
			 copies of the proxy statement and form of proxy and any other soliciting
			 material to be furnished to stockholders concurrently therewith shall be filed
			 with the insurance commissioner at least ten days prior to the date definitive
			 copies of the material are first sent or given to stockholders, or shorter
			 period prior to that date as the insurance commissioner may authorize upon a
			 showing of good cause therefor.
(b)
			 Two preliminary copies of any additional soliciting material relating to the
			 same meeting or subject matter to be furnished to stockholders subsequent to
			 the proxy statements shall be filed with the insurance commissioner at least
			 two days (exclusive of Saturdays, Sundays or holidays) prior to the date copies
			 of this material are first sent or given to stockholders or a shorter period
			 prior to such date as the insurance commissioner may authorize upon a showing
			 of good cause therefor.
(c) Two
			 definitive copies of the proxy statement, form of proxy, and all other
			 soliciting material, in the form in which this material is furnished to
			 stockholders, shall be filed with, or mailed for filing to, the insurance
			 commissioner not later than the date the material is first sent or given to the
			 stockholders.
(d) Where any proxy
			 statement, form of proxy, or other material filed pursuant to this chapter is
			 amended or revised, two of the copies shall be marked to clearly show the
			 changes.
(e) Copies of replies to
			 inquiries from stockholders requesting further information and copies of
			 communications which do no more than request that forms of proxy theretofore
			 solicited be signed and returned need not be filed pursuant to this
			 chapter.
(f) Notwithstanding the
			 provisions of subsections (a) and (b), and section
			 16-1-10(e),
			 copies of soliciting material in the form of speeches, press releases, and
			 radio or television scripts may be filed with the insurance commissioner prior
			 to use or publication. Definitive copies, however, shall be filed with or
			 mailed for filing to the insurance commissioner as required by subsection (c)
			 not later than the date the material is used or published. The provisions of
			 subsections (a) and (b) and section
			 16-1-10(c)(3)
			 shall apply to any reprints or reproductions of all or any part of the
			 material.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-8 - False or misleading statements

Current through June, 2024
No solicitation subject to this chapter shall be made by means
				of any proxy statement, form of proxy, notice of meeting, or other
				communication, written or oral, containing any statement which at the time and
				in the light of the circumstances under which it is made, is false or
				misleading with respect to any material fact, or which omits to state any
				material fact necessary in order to make the statements therein not false or
				misleading or necessary to correct any statement in any earlier communication
				with respect to the solicitation of a proxy for the same meeting or subject
				matter which has become false or misleading.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-9 - Prohibition of certain solicitations

Current through June, 2024
No person making a solicitation which is subject to this
				chapter shall solicit any undated or postdated proxy or any proxy which
				provides that it shall be deemed to be dated as of any date subsequent to the
				date on which it is signed by the stockholder.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-10 - Election contests - Applicability

Current through June, 2024
This section shall apply to any solicitation subject to this
				chapter by any person or group for the purpose of opposing a solicitation
				subject to this chapter by any person or group with respect to the election or
				removal of directors at any annual or special meeting of
				stockholders.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-11 - Participant or participant in a solicitation

Current through June, 2024
(a) For purposes of
			 this section the terms "participant" and "participant in a solicitation"
			 include:
(1) The Insurer; or
(2) Any director of the insurer, and any
			 nominee for whose election as a director proxies are solicited; or
(3) Any other person, acting alone or with
			 one or more other persons, committees or groups, in organizing, directing or
			 financing the solicitation.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-12 - Filing of information required by "schedule B."

Current through June, 2024
(a) No
			 solicitation subject to this chapter shall be made by any person other than the
			 management of an insurer unless at least five business days prior thereto, or
			 shorter period as the insurance commissioner may authorize upon a showing of
			 good cause therefor, has been filed, with the insurance commissioner, by or on
			 behalf of each participant in the solicitation, a statement in duplicate
			 containing the information specified in the exhibit entitled "Schedule B" at
			 the end of this chapter and a copy of any material proposed to be distributed
			 to stockholders in furtherance of the solicitation. Where preliminary copies of
			 any materials are filed, distribution to stockholders should be deferred until
			 the insurance commissioner's comments have been received and complied
			 with.
(b) Within five business days
			 after a solicitation subject to this chapter is made by the management of an
			 insurer, or longer period as the insurance commissioner may authorize upon a
			 showing of good cause therefor, there shall be filed with the insurance
			 commissioner by or on behalf of each participant in the solicitation, other
			 than the insurer and by or on behalf of each management nominee or director, a
			 statement in duplicate containing the information specified by the exhibit
			 entitled "Schedule B" at the end of this chapter.
(c) If any solicitation on behalf of the
			 management or any other person has been made, or if proxy material is ready for
			 distribution, prior to a solicitation subject to this chapter in opposition
			 thereto, a statement in duplicate containing the information specified in the
			 exhibit entitled "Schedule B" at the end of this chapter shall be filed with
			 the insurance commissioner, by or on behalf of each participant in the prior
			 solicitation, other than the insurer, as soon as reasonably practicable after
			 the commencement of the solicitation in opposition thereto.
(d) If, subsequent to the filing of the
			 statements required by subsections (a), (b), and (c), additional persons become
			 participants in a solicitation subject to this chapter, there shall be filed
			 with the insurance commissioner, by or on behalf of each person, a statement in
			 duplicate containing the information specified in exhibit entitled "Schedule B"
			 at the end of this chapter, within three business days after the person becomes
			 a participant, or longer period as the insurance commissioner may authorize
			 upon a showing of good cause therefor.
(e) If any material change occurs in the
			 facts reported in any statement filed by or on behalf of any participant, an
			 appropriate amendment to the statement shall be filed promptly with the
			 insurance commissioner.
(f) Each
			 statement and amendment thereto filed pursuant to this section shall be part of
			 the public files of the insurance commissioner.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-13 - Solicitations prior to furnishing required written proxy statement

Current through June, 2024
Notwithstanding the provisions of section
				16-1-5(a), a
				solicitation subject to this chapter may be made prior to furnishing
				stockholders a written proxy statement containing the information specified in
				the exhibit entitled "Schedule A" at the end of this chapter with respect to
				such solicitation, provided that:
(1)
			 The statements required by section
			 16-1-12
			 are filed by or on behalf of each participant in the solicitation.
(2) No form of proxy is furnished to
			 stockholders prior to the time the proxy statement required by section
			 16-1-5(a)
			 is furnished to such persons: provided that this paragraph shall not apply
			 where a proxy statement then meeting the requirements of the exhibit entitled
			 "Schedule A" at the end of this chapter has been furnished to
			 stockholders.
(3) At least the
			 information specified in paragraphs (2) and (3) of the statements required by
			 the exhibit entitled "Schedule B" at the end of this chapter to be filed by
			 each participant, or an appropriate summary thereof, are included in each
			 communication sent or given to stockholders in connection with the
			 solicitation.
(4) A written proxy
			 statement containing the information specified in the exhibit entitled
			 "Schedule A" at the end of this chapter with respect to a solicitation is sent
			 or given to stockholders at the earliest practicable date.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-14 - Solicitation prior to furnishing required written proxy statement-Filing requirements

Current through June, 2024
Two copies of any soliciting material proposed to be sent or
				given to stockholders prior to the furnishing of the written proxy statement
				required by section
				16-1-5(a) shall
				be filed with the insurance commissioner in preliminary form at least five
				business days prior to the date definitive copies of the material are first
				sent or given to the stockholders, or shorter period as the insurance
				commissioner may authorize upon a showing of good cause
				therefor.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Section 16-1-15 - Application of this chapter to report

Current through June, 2024
Notwithstanding the provisions of section
				16-1-5(b) and
				(c), two copies of any portion of the report
				referred to in section
				16-1-5(b) which
				comments upon or refers to any solicitation subject to this section, or to any
				participant in any solicitation, other than the solicitation by the management,
				shall be filed with the insurance commissioner as proxy material subject to
				this chapter. The portion of the report shall be filed with the insurance
				commissioner in preliminary form at least five business days prior to the date
				copies of the report are first sent or given to stockholders.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Schedule A - Information Required In Proxy Statement

Current through June, 2024
1.
Revocability of proxy.
State whether or not the person
			 giving the proxy has the power to revoke it. If the right of revocation before
			 the proxy is exercised is limited or is subject to compliance with any formal
			 procedure, briefly describe the limitation or procedure.
2.
Dissenters' rights of
			 appraisal.
Outline briefly the rights of appraisal or similar
			 rights of dissenting stockholders with respect to any matter to be acted upon
			 and indicate any statutory procedure required to be followed by the
			 stockholders in order to perfect their rights. Where the rights may be
			 exercised only within a limited time after the date of the adoption of a
			 proposal, the filing of a charter amendment, or other similar act, state
			 whether the person solicited will be notified of the date.
3.
Persons making solicitation
			 not subject to section
			 16-1-10.
(a) If the solicitation is made by the
			 management of the insurer, so state. Give the name of any director of the
			 insurer who has informed the management in writing that the director intends to
			 oppose any action intended to be taken by the management and indicate the
			 action which the director intends to oppose.
(b) If the solicitation is made otherwise
			 than by the management of the insurer, state the names and addresses of the
			 persons by whom and on whose behalf it is made and the names and addresses of
			 the persons by whom the cost of solicitation has been or will be borne,
			 directly or indirectly.
(c) If the
			 solicitation is to be made by specially engaged employees or paid solicitors,
			 state (1) the material features of any contract or arrangement for the
			 solicitation and identify the parties, and (2) the cost or anticipated cost
			 thereof.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Schedule B - Information to be Included in Statements Filed by or on Behalf of a Participant (other Than the Insurer) in a Proxy Solicitation in an Election Contest

Current through June, 2024
1.
Insurer.
State
			 the name and address of the insurer.
2.
Identity and
			 background.
(a). State the
			 following:
(1) Your name and business
			 address.
(2) Your present principal
			 occupation or employment and the name, principal business address of any
			 corporation or other organization in which employment is carried on.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 1 - PROXIES, CONSENTS, AND AUTHORIZATIONS OF DOMESTIC STOCK INSURERS › Stockholders Information Supplement

Current through June, 2024
Financial Reporting to
				Stockholder.
1. Did the
			 company distribute to its stockholders prior to the (insert current year)
			 Annual Meeting an Annual Report for the year (insert preceding year)?
Answer__________________________
If answer is "Yes" attach copy. If answer is "No" explain in
				detail below. Attach separate sheet if necessary.
2. Will the company distribute to its
			 stockholders prior to the (insert following year) Annual Meeting an Annual
			 Report for the year (insert current year)?
Answer__________________________
If answer is "Yes" a copy of the report shall be forwarded to
				the insurance commissioner of the company's domiciliary state at the time as it
				is disctributed to stockholders. If answer is "No" explain in detail below.
				Attach separate sheet if necessary.
3. If an Annual Report to stockholders was
			 distributed for the year (insert preceding year):
(a) Was such distribution prior to or
			 contemporaneous with the solicitation of proxies in respect of the Annual
			 Meeting?
Answer__________________________
If the answer is "No" explain in detail below. Attach separate
				sheet if necessary.
(b) Did it contain
			 the following financial statements (indicate answer in Column A) and were
			 financial statements prepared substantially on the basis (individual or
			 consolidated) as required to be presented in the company's Annual Statement
			 (indicate answer in Column B)?
To be answered by Life and A & H Companies:
(a) Statement of Assets,
			 Liabilities, Surplus and Other Funds . . . .
(b) Summary of Operations . . . .
(c) Surplus Account . . . .
To be answered by Fire and Casualty Companies:
(a) Statement of Assets, Liabilities, Surplus
			 and Other Funds . . . .
(b)
			 Statement of Income - Underwriting and investment Exhibit . . . .
(c) Capital and Surplus Account .
To be Answered by Title Insurance Companies:
(a) Statement of Assets, Liabilities, Surplus
			 and Other Funds . . . .
(b)
			 Statement of Income, Operations and Investment Exhibit . . . .
(c) Capital and Surplus Account .
Column A
Column B
YES
NO
YES
NO
Information Regarding Management and
				Directors.
Principal
Benefits Accrued or set aside During Current Year
Est. Annual benefits Upon Retirement
Name and Title (1)
Occupation or Employment (2)
Served as Director From (3)
Aggregate Direct Remuneration
						  (4)
Retirement Plan (5)
Other Emp. Benefits
						  (6)
Retirement Plan (7)
Other Emp. Benefits (8)
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 5 - MASS MERCHANDISING OF [MOTOR VEHICLE] INSURANCE › Subchapter 1 - GENERAL PROVISIONS › Section 16-5-1 - Purpose

Current through June, 2024
The purpose of this chapter is to prescribe rules to prevent
				  abuses in connection with the sale of motor vehicle insurance in the State of
				  Hawaii pursuant to mass merchandising plans, while preserving for consumers the
				  potential benefits of this form of merchandising.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 5 - MASS MERCHANDISING OF [MOTOR VEHICLE] INSURANCE › Subchapter 1 - GENERAL PROVISIONS › Section 16-5-2 - Establishment and maintenance of office

Current through June, 2024
(a) Establishment
				and maintenance of an office by any licensed general agent of an insurer shall
				meet the requirement of section 431-764, HRS.
(b) Independent adjusters licensed in this
				State may handle claims on behalf of insurers authorized to do business in the
				State of Hawaii.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 5 - MASS MERCHANDISING OF [MOTOR VEHICLE] INSURANCE › Subchapter 1 - GENERAL PROVISIONS › Section 16-5-3 - Scope of mass merchandising

Current through June, 2024
Only a private passenger motor vehicle as defined in section
				  431-751, HRS, is eligible for mass merchandising providing motor vehicle
				  liability, medical payment, uninsured motorists, and physical damage insurance
				  coverages.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 5 - MASS MERCHANDISING OF [MOTOR VEHICLE] INSURANCE › Subchapter 2 - MASS MERCHANDISING REQUIREMENTS › Section 16-5-4 - Termination of agreement, or employment or membership

Current through June, 2024
Upon the termination of a mass merchandising agreement, or
				  upon the termination of an insured's employment or membership, the insured
				  employee or member shall have the option to continue to be insured for a period
				  of one year, subject to the following:
(1) The period of one year shall start from
				the date of termination of the agreement, employment or membership;
(2) The insured employee or member shall
				exercise the employee or member's option and pay the applicable premium within
				thirty days from the date of termination;
(3) The terms, conditions, and coverages for
				the one year period are those that are effective on the date of termination and
				shall not be more restrictive than those contained in the mass merchandising
				agreement, the group policy, or the individual policy in force immediately
				prior to the date of termination; and
(4) The applicable premium shall be
				calculated on the basis of the premium which was in effect on the date of
				termination for the territory, rating classifications, and any other rating
				factors applicable to the insured employee or member.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 5 - MASS MERCHANDISING OF [MOTOR VEHICLE] INSURANCE › Subchapter 2 - MASS MERCHANDISING REQUIREMENTS › Section 16-5-5 - Evidence of participation

Current through June, 2024
The insurer shall issue a policy of insurance to every
				  employee or member insured under an individual policy, a certificate or other
				  evidence of participation to every employee or member insured under a group
				  policy. A group policy certificate or other evidence shall set forth all
				  pertinent information pertaining to coverage, effective date, premium,
				  exclusions, and conditions.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 5 - MASS MERCHANDISING OF [MOTOR VEHICLE] INSURANCE › Subchapter 3 - PREMIUM RATES, UNDERWRITING STANDARDS AND STATISTICS › Section 16-5-6 - Premium rates

Current through June, 2024
(a) In addition to complying with section
				431-693, HRS, premium rates for private passenger motor vehicle insurance sold
				on a mass merchandising basis shall comply with all other provisions of law
				applicable to motor vehicle insurance premium rates.
(b) Rates shall not be deemed to be unfairly
				discriminatory:
(1) Because of different
				policyholders' premiums resulting from different loss exposures or expense
				factors so long as the rates reflect the differences with reasonable
				accuracy;
(2) If an insurer issues
				different mass merchandising plans with different premiums based on different
				loss and expense factors, provided the rates reflect the differences with
				reasonable accuracy. However, commission allowances shall not be arbitrarily
				reduced and variations in expense factors shall be validly supported;
(3) If rates are averaged broadly among
				persons insured under a mass merchandising plan.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 5 - MASS MERCHANDISING OF [MOTOR VEHICLE] INSURANCE › Subchapter 3 - PREMIUM RATES, UNDERWRITING STANDARDS AND STATISTICS › Section 16-5-7 - Statistics

Current through June, 2024
In addition to the recording and reporting of loss and
				  expense experience to any statistical gathering organization designated by the
				  commissioner pursuant to section 431-703, HRS, insurers are required to keep,
				  maintain, and report experience data under each plan in such form or forms as
				  the insurance commissioner may prescribe from time to time. The insurance
				  commissioner may audit every motor vehicle insurance mass merchandising
				  plan.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 1 - GENERAL PROVISION › Section 16-6-1 - Purpose and authority

Current through June, 2024
The purpose of this chapter is to protect the interests of
				  debtors and the public in this State by providing a system of rate, policy
				  form, and operating standards for the transaction of credit life and credit
				  disability insurance.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 2 - RIGHTS AND TREATMENT OF DEBTORS › Section 16-6-2 - Multiple plans of insurance

Current through June, 2024
If a creditor makes available to the debtors more than one
				  plan of credit life insurance or more than one plan of credit disability
				  insurance, all debtors must be informed of all available
				  plans.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 2 - RIGHTS AND TREATMENT OF DEBTORS › Section 16-6-3 - Substitution

Current through June, 2024
When a creditor requires credit life insurance, credit
				  disability insurance, or both, as additional security for an indebtedness, the
				  debtor shall be given the option of furnishing the required amount of insurance
				  through existing policies of insurance owned or controlled by the debtor or
				  procuring and furnishing the required coverage through any insurer authorized
				  to transact insurance business in this State. If this section is applicable,
				  the debtor shall be informed by the creditor of the right to provide
				  alternative coverage before the transaction is completed. The creditor shall
				  give the borrower written notice that the borrower is free to procure the
				  required insurance coverage from any insurance company authorized to do
				  business in the State as required by section 479-2, HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 2 - RIGHTS AND TREATMENT OF DEBTORS › Section 16-6-4 - Evidence of coverage

Current through June, 2024
(a) All credit
				insurance shall be evidenced by an individual policy, or, in the case of group
				insurance, by a certificate of insurance. The individual policy or certificate
				of insurance shall be delivered to the debtor in accordance with section
				431:10B-107(a),
				HRS.
(b) Each individual policy or
				certificate of insurance shall set forth such information as is required by
				sections
				431:10B-107(b),
				431:10B-109(b),
				and any other appropriate sections of the HRS.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 2 - RIGHTS AND TREATMENT OF DEBTORS › Section 16-6-6 - Termination of coverage

Current through June, 2024
(a) If a debtor is
				covered by a group credit insurance policy providing for the payment of single
				premiums to the insurer, then provision shall be made by the insurer that in
				the event of termination of the policy for any reason, insurance coverage with
				respect to any debtor insured under such policy shall be continued for the
				entire period for which the single premium has been paid, subject to the
				debtor's right to cancel the insurance at any time by express action.
(b) If a debtor is covered by a group credit
				insurance policy providing for the payment of premiums to the insurer on a
				monthly outstanding balance basis, then the policy shall provide that, in the
				event of termination of such policy for whatever reason, the insured debtor
				shall be notified that coverage will continue for thirty days from the date of
				notice, except where replacement of the coverage by the same or another insurer
				in the same or greater amount takes place without lapse of coverage. The notice
				required in this section shall be given by the insurer or, at the option of the
				insurer, by the creditor.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 2 - RIGHTS AND TREATMENT OF DEBTORS › Section 16-6-7 - Renewal or refinancing of indebtedness

Current through June, 2024
If the indebtedness is discharged due to renewal or
				  refinancing prior to the scheduled maturity date, the insurance in force shall
				  be terminated before any new insurance may be issued in connection with the
				  renewed or refinanced indebtedness. In all cases of such termination prior to
				  scheduled maturity, a refund shall be paid or credited to the debtor as
				  provided in section
				  16-6-13. In any renewal or
				  refinancing of the indebtedness, the effective date of the coverage as respects
				  any policy provision shall be deemed to be the first date on which the debtor
				  became insured under the policy covering the indebtedness which was renewed or
				  refinanced, at least to the extent of the amount and term of the indebtedness
				  outstanding at the time of renewal and refinancing of the
				  debt.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 6 - CREDIT LIFE AND CREDIT DISABILITY INSURANCE › Subchapter 2 - RIGHTS AND TREATMENT OF DEBTORS › Section 16-6-8 - Voluntary prepayment of indebtedness

Current through June, 2024
If a debtor prepays the indebtedness other than as a result
				  of the debtor's death or through a lump sum disability payment:
(1) Any credit life insurance covering such
				indebtedness shall be terminated and an appropriate refund of the credit life
				insurance premium shall be paid to the debtor in accordance with section
				16-6-13; provided insurance furnished by a prepaid individual policy may be
				continued if the debtor so elects in a separate written instrument signed and
				delivered to the insurer at the time of the prepayment;
(2) Any credit disability insurance covering
				the indebtedness shall be terminated and an appropriate refund of the credit
				disability insurance premium shall be paid to the debtor in accordance with
				section 16-6-13, and if a claim under such coverage is in progress at the time
				of prepayment, the claim shall continue as if there had been no prepayment;
				provided insurance furnished by a prepaid individual policy may be continued if
				the debtor so elects in a separate written instrument signed and delivered to
				the insurer at the time of the prepayment.