Chapter 412

§412:1-100 Official name for this law

§412:1-101 Purpose of the financial institutions law

§412:1-102 Which institutions this banking law covers

§412:1-103 How this law treats financial institutions that already existed in 1993

§412:1-104 Rules for using financial institution names

§412:1-105 Who can take deposits in Hawaii

§412:1-106 Headings and federal law references explained

§412:1-107 Specific rules beat general rules

§412:1-108 Which court handles cases involving financial institutions

§412:2-100 Who runs the state's financial institution regulator

§412:2-100.5 Commissioner's powers to run and enforce banking laws

§412:2-101 Deputy commissioner's role and acting duties

§412:2-102 Hiring examiners and staff for financial institutions

§412:2-103 Who cannot be a bank examiner

§412:2-104 Confidentiality of financial institution information

§412:2-105 Fees for examining financial institutions

§412:2-105.2 Yearly fees and application costs for Hawaii financial institutions

§412:2-106 When hearings are open or closed to the public

§412:2-107 Commissioner can make rules for the division

§412:2-108 Rules for special mortgage loans

§412:2-109 Compliance resolution fund and financial institution examiners

§412:2-110 Emergency approval of applications without usual steps

§412:2-111 Commissioner can force people to testify and provide documents

§412:2-200 State checks on financial institutions

§412:2-201 Using federal exam results for state checks

§412:2-300 How the commissioner enforces banking laws

§412:2-301 Working with federal agencies to enforce laws

§412:2-302 When the commissioner can order someone to stop

§412:2-303 Permanent stop orders: process, hearing, and enforcement

§412:2-304 Emergency stop orders for financial institutions

§412:2-305 Consent cease and desist orders

§412:2-306 When a bank official can be removed from their job

§412:2-307 How a bank official can be removed or banned

§412:2-308 Immediate suspension of a bank official

§412:2-309 Consent order of removal or prohibition

§412:2-310 Ban on working at a Hawaii financial institution after removal

§412:2-311 When the state can take away a financial institution's license

§412:2-312 Suspension or Revocation: Procedure, Hearing, Enforcement

§412:2-313 Agreeing to a license suspension or revocation

§412:2-314 Fixing a shortfall in a financial institution's funds

§412:2-315 Emergency rules for Hawaii financial institutions

§412:2-400 When the state can take over a Hawaii financial institution

§412:2-401 Appointing a conservator or receiver; court review

§412:2-402 Other reasons a financial institution can be taken over

§412:2-403 Who can be appointed to manage a failed financial institution

§412:2-404 Federal insurer's role as conservator or receiver

§412:2-405 Removing or replacing a conservator or receiver

§412:2-406 Who pays for a financial institution's conservator or receiver

§412:2-407 Court cases pause when a bank is taken over

§412:2-408 What a conservator can do for a Hawaii financial institution

§412:2-409 How the state handles new deposits during a bank takeover

§412:2-410 How a financial institution can be reorganized

§412:2-411 Ending a state takeover of a financial institution

§412:2-412 What a receiver can do for a failed financial institution

§412:2-413 Interest stops when a receiver is appointed

§412:2-414 Court supervision of a receivership

§412:2-415 Notice of Receivership and How to File Claims

§412:2-416 Liquidation by receiver; priority of claims

§412:2-417 Final accounting and discharge

§412:2-418 Bank transfers to dodge insolvency rules are void

§412:2-419 What happens to leases when a financial institution is in receivership

§412:2-420 Limits on pay claims after wrongful firing

§412:2-421 What happens to safe deposit box items when a bank fails

§412:2-500 What counts as a failing financial institution

§412:2-501 What happens when the state says a bank is failing

§412:2-502 How the state seeks buyers for a failing bank

§412:2-503 Who can apply to buy a failing financial institution

§412:2-504 What the commissioner checks before approving a bank rescue

§412:2-505 Waiving bank concentration limits to prevent failure

§412:2-506 Charter or license needed for certain bank takeovers

§412:2-507 Fast approval to save a failing financial institution

§412:2-508 Getting temporary approval to take over a failing bank

§412:2-509 What happens to old business and debts after a merger

§412:2-510 Commissioner's powers are not limited by this part

§412:2-511 Deadline changes by the commissioner

§412:2-600 Who this part applies to and when penalties are waived

§412:2-601 Criminal Penalty for Willfully Breaking Banking Laws

§412:2-602 Copying financial institution records without permission

§412:2-603 Unauthorized disclosure of bank records is a crime

§412:2-604 Hiding a financial institution's transactions is a crime

§412:2-606 Penalty for ignoring a subpoena from the financial examiner

§412:2-606.5 Using a bank's name or logo without permission

§412:2-607 False statements and rumors about financial institutions

§412:2-608 Stealing or misusing a financial institution's money

§412:2-609 Fines for breaking financial rules

§412:2-609.5 Fines for non-banks that break state financial rules

§412:2-610 Administrative fines: changes, amount, and hearing

§412:2-611 Collecting unpaid fines and where the money goes

§412:3-101 Approval of financial institution names

§412:3-102 Changing a financial institution's name

§412:3-104 Board size and Hawaii residency rules

§412:3-105 How bank leaders are chosen and hired

§412:3-106 CEO must live in Hawaii

§412:3-107 Board meetings required every three months

§412:3-108 Banks must use standard accounting rules

§412:3-109 When the state can lower an asset's value on the books

§412:3-110 Keeping bank assets safe and separate

§412:3-111 Keeping financial records safe and available

§412:3-111.5 When the commissioner can ask for financial records

§412:3-112 Reports Hawaii financial institutions must file with the commissioner

§412:3-114 Banks must report big crimes right away

§412:3-114.5 Banks must report suspected financial abuse of elders

§412:3-200 Which financial institutions this part covers

§412:3-201 Applying for preliminary approval to start a financial institution

§412:3-202 Extra paperwork needed to start a bank owned by a holding company

§412:3-203 Delaying some application requirements for good reason

§412:3-204 Publishing a notice about a new financial institution

§412:3-205 When a public comment meeting is held

§412:3-206 Getting preliminary approval to start a financial institution

§412:3-207 Denial of preliminary approval to organize

§412:3-209 Minimum money and property financial institutions must have

§412:3-211 Deadline to finish setting up a financial institution

§412:3-212 How to apply for a final charter or license

§412:3-213 How to challenge a denied charter or license

§412:3-300 Which companies this part applies to

§412:3-301 Applying for a license to run a loan company

§412:3-302 Publishing a notice about a loan company license application

§412:3-303 Public hearing on an application

§412:3-304 When the state approves a loan company license

§412:3-305 What happens when a license application is denied

§412:3-306 Minimum cash capital for loan companies

§412:3-400 Who this part applies to

§412:3-401 Hawaii business corporation rules apply to financial institutions

§412:3-402 Rules for issuing and changing capital stock

§412:3-403 Rules for paying dividends and other money to owners

§412:3-500 Financial institutions must only do business at approved locations

§412:3-501 Authorized places of business

§412:3-502 When foreign banks can operate in Hawaii

§412:3-503 Getting approval to open or move a bank office

§412:3-504 Notice and deadline for opening or relocating an office

§412:3-505 Getting approval to open or move an out-of-state branch

§412:3-506 Notifying the commissioner about opening or moving a support facility

§412:3-507 Closing or temporarily moving a bank branch

§412:3-508 Notice required when closing a support facility

§412:3-509 Rules for Hawaii banks with out-of-state branches

§412:3-600 Which financial deals this part covers

§412:3-601 When a financial institution can merge, sell, or close

§412:3-602 Definitions for bank mergers and consolidations

§412:3-603 How to apply for approval from the banking commissioner

§412:3-604 How shareholders or members must vote on major deals

§412:3-605 Notice required for member vote on credit union transactions

§412:3-606 How a Hawaii financial institution can become a federal one

§412:3-607 How a federal bank can become a Hawaii bank

§412:3-608 How a financial institution can change its type

§412:3-609 Rules for merging or consolidating financial institutions

§412:3-610 What happens when a financial institution converts, merges, or consolidates

§412:3-611 Rules for merging or combining financial holding companies

§412:3-612 Getting permission to take over a Hawaii bank or bank holding company

§412:3-613 Bank asset sales and liability transfers

§412:3-614 Selling or transferring a bank charter or license is banned

§412:3-615 Time to sell assets that no longer fit the law

§412:3-616 Fast-tracking a bank merger or takeover

§412:3-617 How a financial institution can voluntarily close and dissolve

§412:3-618 When the commissioner can ask a court to stop a violation

§412:4-100 Which laws apply

§412:4-101 What kinds of deposit accounts can financial institutions offer

§412:4-102 Bank must send account statements every three months

§412:4-103 Bank statements are final after one year unless you object

§412:4-104 Federal deposit insurance required

§412:4-105 Bank accounts with more than one owner

§412:4-106 How banks handle accounts held for others

§412:4-107 Bank accounts for minors and who can control them

§412:4-108 Bank can pay account holder unless told of incapacity

§412:4-109 Bank can rely on a person you authorized to use your account

§412:4-110 When a bank can refuse to cash a check from someone who is drunk or high

§412:4-111 Accounts of deceased nonresidents

§412:4-112 When a financial institution can pledge its assets

§412:4-113 Banks can run savings contests with prizes

§412:5-100 Definition of a bank

§412:5A-100 Special rules for certain financial entities

§412:5-101 You need a bank charter to act as a bank

§412:5-200 General powers of a bank

§412:5A-200 What an international banking corporation is and how old ones are protected

§412:5-201 How banks can get federal powers in Hawaii

§412:5A-201 Applying to start an international banking corporation

§412:5-202 Banks can join federal reserve and home loan banks

§412:5A-202 Who must own most of an international banking corporation

§412:5A-203 Minimum money international banks must keep

§412:5-203 Bank-owned companies and how they are run

§412:5A-204 International banks can only do business tied to foreign trade

§412:5-204 Rules for banks accepting drafts and bills of exchange

§412:5-205 Getting approval to run a trust business

§412:5A-205 What international banking corporations are allowed to do

§412:5-205.5 When banks can sell insurance and annuities

§412:5-205.6 Rules for banks selling or underwriting insurance

§412:5-205.7 Banks can do securities work with state approval

§412:5A-206 Rules for accepting deposits and holding reserves

§412:5-206 Setting up an international banking facility

§412:5A-207 Where an international banking corporation can deposit its funds

§412:5A-208 Limits on where an international bank can invest

§412:5A-209 Rules on buying stock in competing banks

§412:5A-210 When a bank can take stock to avoid a loss

§412:5A-211 What international banking corporations cannot do

§412:5A-212 Bank staff cannot buy loans the bank turned down

§412:5A-213 Punishment for fixing commodity prices

§412:5A-214 False claims about state responsibility for bank bonds

§412:5-300 Rules for bank lending and investing

§412:5-301 Banks must follow safe lending rules

§412:5-302 Limits on loans to one borrower

§412:5-303 Bank loans to insiders must follow federal rules

§412:5-304 Banks must invest safely and legally

§412:5-305 What investments a bank can make with its own money

§412:5-306 Where banks can put their money

§412:5-400 Definitions for Intra-Pacific Banks and Regions

§412:5-401 Getting approval to do business in Hawaii

§412:5-402 How to get approval to open a bank branch

§412:5-403 Pacific banks must follow state bank rules

§412:5-404 When an intra-Pacific bank loses its special status

§412:5-405 What happens when a bank holding company loses its special status

§412:5-406 Minimum paid-in capital and surplus for Pacific banks

§412:5-407 Intra-Pacific banks have the same powers and duties as other banks

§412:6-100 What counts as a savings bank

§412:6-101 Who needs a savings bank charter

§412:6-200 What a savings bank can and cannot do

§412:6-201 Getting federal powers for a savings bank

§412:6-202 Savings banks can join a federal home loan bank

§412:6-203 Rules for savings banks owning service corporations

§412:6-204 Rules for savings banks owning other companies

§412:6-300 Rules for savings bank lending and investing

§412:6-301 Rules for making loans safely and legally

§412:6-302 Rules for savings bank loans and limits

§412:6-303 Limits on how much one borrower can owe a savings bank

§412:6-304 Rules for loans to bank insiders

§412:6-305 Savings banks must invest wisely and legally

§412:6-306 What a savings bank can invest in

§412:6-307 Where savings banks can put their money

§412:7-100 What counts as a savings and loan association

§412:7-101 Who needs a savings and loan charter

§412:7-200 What a savings and loan association can and cannot do

§412:7-201 Getting federal powers for savings and loan associations

§412:7-202 Savings and loan associations can join a federal home loan bank

§412:7-203 Rules for savings and loan service corporations

§412:7-204 Rules for savings and loan companies owning other companies

§412:7-300 Rules for savings and loan lending and investing

§412:7-301 General requirements for loans

§412:7-302 Loan limits and types for savings and loan associations

§412:7-303 Rules for loans to one borrower

§412:7-304 Rules for loans to insiders of savings and loan associations

§412:7-305 Investments must follow safe banking rules

§412:7-306 What savings and loan associations can invest in

§412:7-307 Where savings and loan associations can put their money

§412:8-100 Which institutions this article covers

§412:8-101 Definitions for trust company rules

§412:8-102 Who can run a trust company in Hawaii

§412:8-103 Who can call itself a trust company

§412:8-200 What a trust company can and cannot do

§412:8-201 What trust companies can do as fiduciaries

§412:8-202 Trust company acting as agent

§412:8-203 Holding securities in a nominee's name

§412:8-204 Agreements between trust companies and banks

§412:8-300 Rules for how trust companies can invest

§412:8-301 What a trust company can invest its own money in

§412:8-400 What a trust company may invest in

§412:8-401 Trust companies must put trust money in interest-bearing accounts

§412:8-402 Rules for pooled trust investments by trust companies

§412:8-403 Trust companies must tell clients about fees in writing

§412:8-500 What a nondepository trust company can and cannot do

§412:9-100 Definitions for financial services loan companies

§412:9-101 License needed to operate as a financial services loan company

§412:9-103 Where to show your company's license

§412:9-200 What a financial services loan company can do

§412:9-201 Approval needed to sell extra products or issue standby letters of credit

§412:9-202 What a financial services loan company cannot do

§412:9-300 Rules for making loans safely and legally

§412:9-301 How loan interest can be calculated

§412:9-302 Interest rate limits for financial services loans

§412:9-303 What happens if a loan charges too much interest

§412:9-304 What a financial services loan company can charge for a consumer loan

§412:9-305 Rules for open-end consumer loans

§412:9-306 Getting money back when you pay off a precomputed loan early

§412:9-307 How to count a partial month for loan interest

§412:9-308 Loans that can be demanded at any time are allowed

§412:9-309 Who can buy, sell, or take over loans

§412:9-400 Extra powers for deposit-taking loan companies

§412:9-401 Reserve money rules for depository financial services loan companies

§412:9-402 Joining a federal home loan bank

§412:9-403 Rules for forming and running a service corporation

§412:9-404 Limits on how much one borrower can owe a loan company

§412:9-405 Loans fully secured by real property

§412:9-407 Rules for loans and deals with insiders

§412:9-408 Investment rules for depository financial services loan companies

§412:9-409 What a loan company can invest its own money in

§412:9-410 Where a loan company can keep its money

§412:9-500 What a nondepository loan company cannot do with deposits

§412:9-501 When a loan company must register with the mortgage licensing system

§412:10-100 What the words mean in this credit union law

§412:10-101 You need a charter to run a credit union

§412:10-102 Credit unions do not need capital stock or minimum funds

§412:10-103 How to apply for a credit union charter

§412:10-104 Articles and bylaws for a new credit union

§412:10-105 What information about bank charter applicants is public

§412:10-106 Credit unions must get federal insurance before doing business

§412:10-107 When the state approves a credit union charter

§412:10-108 What happens when a bank charter is denied

§412:10-109 Who can join a credit union and how membership works

§412:10-110 Credit union member meetings and voting rules

§412:10-111 Who can vote at credit union meetings

§412:10-112 How the credit union's board of directors is set up and what it does

§412:10-113 Board members and committee members cannot be paid

§412:10-114 How the credit committee is set up and what it does

§412:10-115 Who can approve loans at a credit union

§412:10-116 Who can approve loans and how to appeal a denial

§412:10-117 Credit union supervisory committee duties

§412:10-118 File board member and officer records with the state

§412:10-119 Credit union insiders cannot vote on their own financial interests

§412:10-120 How credit union officials can be suspended or removed

§412:10-121 Who can join a central credit union

§412:10-122 Credit unions are exempt from most state and local taxes

§412:10-123 Credit union fiscal year ends December 31

§412:10-124 Credit unions can do business in other states

§412:10-200 What powers a credit union has

§412:10-201 How credit unions can get federal powers

§412:10-202 Credit union investments in service organizations

§412:10-203 Buying and selling member loans

§412:10-204 Credit unions can buy or sell assets to each other

§412:10-300 Credit union accounts follow other rules unless they conflict

§412:10-301 How credit union shares and membership shares work

§412:10-302 How credit unions can pay dividends on accounts

§412:10-303 Deposit accounts

§412:10-304 How you can take money out of your account

§412:10-305 Minors can use their own bank accounts

§412:10-306 Naming a co-owner for your account

§412:10-307 Trust accounts for members and beneficiaries

§412:10-308 Payable-on-death accounts at credit unions

§412:10-309 Credit union's right to take member funds for debts

§412:10-310 When credit unions can charge fees and take over dormant accounts

§412:10-400 Rules for loans from all credit unions

§412:10-401 Rules for making loans safely and legally

§412:10-402 Rules for loans to credit union members

§412:10-403 How credit unions set loan interest rates

§412:10-404 Extra fees credit unions can charge members

§412:10-405 How to apply for a credit union loan

§412:10-406 Paying off a loan early without penalty

§412:10-407 Limits on how much one borrower can owe a credit union

§412:10-408 Rules for loans to credit union officials

§412:10-409 Rules for credit union loans secured by real estate

§412:10-410 Credit union lines of credit for members

§412:10-411 Rules for loans between credit unions

§412:10-412 Rules for shared loans with other credit unions

§412:10-413 Credit union loans and financing options

§412:10-500 Rules for credit union investments

§412:10-501 Rules for how credit unions must invest money

§412:10-502 What a credit union may invest in

§412:10-503 Where credit unions can put their money

§412:10-600 Credit union savings account for unexpected losses

§412:10-601 Special reserve accounts for credit unions

§412:10-602 Rules for defining risk assets

§412:10-700 Credit unions can offer insurance to members

§412:10-701 Credit union can buy insurance for its leaders and staff

§412:10-702 Credit unions can team up to offer member deals

§412:10-703 Credit unions can handle money instruments and ATMs

§412:10-704 Credit unions can manage retirement accounts

§412:10-800 Rules for forming and running a corporate credit union

§412:10-801 What a corporate credit union is for

§412:10-802 Who can join the corporate credit union

§412:10-803 Forming a Corporate Credit Union

§412:10-804 How a corporate credit union is run and its special rules

§412:10-805 Powers of a corporate credit union

§412:10-806 Credit union can join central liquidity systems

§412:10-807 Collecting loans from members and taking extra security

§412:10-808 How often the credit union board must meet

§412:11-100 Which companies this article covers

§412:11-101 Registering and reporting for financial institution holding companies

§412:11-102 State checks on companies that own Hawaii banks

§412:11-103 Using other agencies' exam results

§412:11-104 Service of process for financial institution holding companies

§412:11-105 Fines for not registering or filing reports

§412:11-106 When the state can stop a financial law violation

§412:12-100 Allowing out-of-state banks to open branches here

§412:12-101 Definitions for interstate banking rules

§412:12-102 How Hawaii banks can open branches in other states through mergers

§412:12-103 Hawaii banks can open or buy branches in other states

§412:12-104 Out-of-state banks merging with Hawaii banks

§412:12-105 Out-of-state banks opening branches in Hawaii

§412:12-106 No state deposit limit; federal limits can be waived

§412:12-107 What out-of-state banks can do at their Hawaii branches

§412:12-108 State banking official's powers to examine and supervise out-of-state banks

§412:12-109 State regulator can enforce rules on out-of-state bank branches

§412:12-110 Notice required before an out-of-state bank changes control

§412:13-100 What this law is called and why it exists

§412:13-101 Existing foreign bank offices keep their licenses

§412:13-102 Definitions for banking laws in Hawaii

§412:13-200 Why this law exists for foreign banks

§412:13-201 When a foreign bank needs a Hawaii license

§412:13-202 How a foreign bank applies for a Hawaii branch license

§412:13-203 How a foreign bank gets a license for a Hawaii branch

§412:13-204 When a foreign bank's license application is denied

§412:13-205 When a foreign bank must get an updated license

§412:13-206 Fees for foreign banks applying for Hawaii licenses

§412:13-207 Foreign banks cannot have both state and federal branches

§412:13-208 How foreign bank branches and agencies operate in Hawaii

§412:13-209 Filing changes to a foreign bank's charter

§412:13-210 Keeping Hawaii branch assets separate from other assets

§412:13-211 Foreign banks must tell customers deposits are not insured

§412:13-212 Interest payment limits for foreign banks

§412:13-213 Keeping assets on deposit for a Hawaii branch

§412:13-214 Keeping assets in Hawaii for foreign banks

§412:13-215 Foreign banks need a license for a Hawaii office

§412:13-216 Applying for a Hawaii representative office license

§412:13-217 Approval of a Foreign Bank's Hawaii Representative Office

§412:13-218 What a foreign bank's Hawaii office can do

§412:13-219 Posting your license at a Hawaii office

§412:13-220 Licenses cannot be transferred

§412:13-221 Foreign banks must report changes in control

§412:13-222 Moving a bank office requires written approval

§412:13-223 State exam of foreign bank offices and fees

§412:13-224 State banking official's powers to oversee foreign banks

§412:13-225 Foreign banks must file reports the state requires

§412:13-226 Books, accounts, and records

§412:13-227 Closing a foreign bank office in Hawaii

§412:13-228 When the state can suspend or revoke a foreign bank's license

§412:13-229 When a foreign bank's license can be suspended or revoked right away

§412:13-230 Taking over a foreign bank's Hawaii business and closing it down

§412:13-300 Why this law exists for foreign bank branches

§412:13-301 How out-of-state foreign banks can open branches in Hawaii

§412:14-100 ATM owners can charge fees for using their machines