HRS §414-173
Waiting period before a shareholder can sue the company
A shareholder cannot start a derivative lawsuit against a company until they first ask the company in writing to fix the problem, and then wait 90 days. The wait can be skipped if the company rejects the demand early or if waiting would cause serious harm to the company.
The statute, as written — Demand
No shareholder may commence a derivative proceeding until: (1) A written demand has been made upon the corporation to take suitable action; and (2) Ninety days have expired from the date the demand was made unless the shareholder has earlier been notified that the demand has been rejected by the corporation or unless irreparable injury to the corporation would result by waiting for the expiration of the ninety-day period.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.