Hawaii Administrative Code

(a) A federal covered adviser may transact business in this State upon submitting to the commissioner a notice filing and notice filing fee as set forth in section 16-38-3. The notice filing and notice filing fee may be filed with the commissioner through the IARD. (b) The notice…

(a) An application for registration of an investment adviser representative shall be filed on Form U-4, which shall be filed with the commissioner through the IARD. (b) The application shall be filed together with the following:(1) A filing fee of $50; and (2) Proof that the appl…

(a) Examination requirements. An individual applying to be registered as an investment adviser representative shall provide the commissioner with proof of obtaining a passing score on one of the following examinations: (1) The Uniform Investment Adviser Law Examination (Series 65…

Unless waived by the commissioner, every investment adviser representative of an investment adviser that is registered or required to be registered under chapter 485, HRS, shall, in accordance with the provisions of this section, furnish each advisory client or prospective adviso…

Every applicant for registration as an investment adviser representative and every registered investment adviser representative shall promptly file with the commissioner any and all amendments necessary to keep the information previously reported on the applicant's or registrant'…

(a) All registrations shall automatically expire on December 31 of each year, unless sooner terminated, and shall be renewed by an investment adviser pursuant to section 16-38-40 or by a federal covered adviser pursuant to section 16-38-33.5. An application for initial or renewal…

Any fines and penalties imposed under this chapter shall be deposited into the compliance resolution fund. Notes Haw. Code R. § 16-38-58 [Eff and comp 10/12/85; comp 4/14/03] (Auth: HRS §§ 485-2, 26-9) (Imp: HRS §§ 485-15, 485-21)

The purpose of this subchapter is to encourage investment in small businesses, and provide a method of registration for small companies offering securities to the public. The commissioner recognizes that small issuers raising small amounts of money face special problems not faced…

The total amount of unsecured interest-bearing securities, excluding investment certificates, that may be registered or may be outstanding at any time shall not exceed five times the net worth of the issuer; provided that, if the issuer maintains reserves to pay for securities as…

(a) The provisions of subchapters 6, 7, and 8 shall apply to registrations under this subchapter; provided that section 16-38-11.1 relating to financial reports, section 16-38-11.7 relating to real estate investment trusts, and section 16-38-13 relating to SEC effective dates sha…

(a) SCOR is intended to allow small companies to conduct limited offerings of securities. SCOR uses a simplified offering format designed to provide adequate disclosure to investors concerning the issuer, the securities offered, and the offering itself. Certain issuers may not be…

(a) SCOR registration shall not be available for securities of any issuer if that issuer or any of its officers, directors, ten per cent shareholders, promoters or any selling agents of the securities to be offered, or any officer, director, or partner of such selling agent: (1) …

By filing for SCOR registration in this State, the registrant agrees that it shall not split its common stock or common ownership interests, or declare a stock or ownership interest dividend, for two years after the effectiveness of the registration. Notes Haw. Code R. § 16-38-63…

In addition to filing a properly completed SCOR form and S-1, applicants for SCOR registration shall file the following exhibits with the commissioner: (1) Form of selling agency agreement; (2) The issuer's articles of incorporation, articles of organization, or other charter doc…

(a) The notice filing requirements pursuant to section 485-4.5, HRS, for a federal covered security that is issued by an investment company registered under the Investment Company Act of 1940 shall consist of: (1) A form NF or a copy of the issuer's federal registration statement…

(a) Applications to register securities issued or issuable by a real estate investment trust shall substantially meet the requirements of this section. (b) For purposes of this section, a "real estate investment trust" or "trust" means an unincorporated trust or association which…

In the case of an issuer which has been actually engaged in business or operation, the amount for which a security is being offered to the public should bear some reasonable relationship to: (1) Market value, if any; (2) Price-earnings ratio, as reflected by its financial stateme…

No application of a Hawaii corporation for the registration of securities shall be accepted if the corporation is not current in filing its annual corporation exhibits as required by Hawaii corporation law, and complete records as prescribed by Hawaii corporation law shall at all…

As used in this chapter, and in the forms, instructions, and orders of the commissioner, the following meanings shall apply to the extent that they are not inconsistent with the definitions provided in chapter 485A, HRS. "Affiliate" means a person who, directly or indirectly, thr…

(a) Unless otherwise specified, a document is considered filed on the first business day it is received in the office of the commissioner. (b) All communications shall be addressed to: Commissioner of Securities, Business Registration Division, Department of Commerce and Consumer…

(a) The following fees shall be submitted with an initial or renewal application, or notice filing: (1) The fee for filing a notice of transaction involving the offer or sale of a security by an issuer to an accredited investor shall be $200; (2) The fee for filing a report of th…

(a) The following forms shall be used by persons submitting an initial or renewal application, or notice filing to the commissioner: Form ADV: shall be used by an investment adviser to request registration or to renew a registration, and by a federal covered investment adviser to…

(a) The commissioner shall accept or deny documents submitted to the commissioner within forty-five calendar days after the date the documents were submitted. (b) An application for registration as a brokerdealer, agent, investment adviser, or investment adviser representative sh…

Any fines and penalties imposed under chapter 485A, HRS, or this chapter shall be deposited into the compliance resolution fund. Notes Haw. Code R. § 16-39-106 [Eff 6/30/08] (Auth: HRS §§ 26-9, 485A-606) (Imp: HRS §§ 485A-508, 485A-602, 485A-603, 485A-604) Comp 11/18/2023…

The purpose of this section is to identify practices in the securities business that are generally associated with schemes to manipulate. A broker-dealer, broker-dealer agent, or agent of the issuer who engages in one or more of the following practices shall be deemed to have eng…

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. Notes Haw. …

(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…

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. Notes Haw. Code R. § 16-5-3 [Eff 6/22/81] (Auth: HRS §§ …

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 …

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 al…

(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 …

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…

This chapter sets those fees which the director of commerce and consumer affairs is empowered to set. Notes Haw. Code R. § 16-51-1 [Eff 7/11/81; am and comp 9/18/86; comp 4/29/91; comp 5/29/08] (Auth: HRS § 26-38) (Imp: HRS § 26-38)

Notes Haw. Code R. § 16-51-2 R 5/29/08

To defray printing costs, the following fees schedule shall be followed in the sale of publications. 1-5 pages - $ .25 6-12 pages - $ .50 13-25 pages - $ .75 26-37 pages - $1.00 38-50 pages - $1.25 51-62 pages - $1.50 63-75 pages - $1.75 76-87 pages - $2.00 88-100 pages - $2.25 1…

Notes Haw. Code R. § 16-51-4 R 5/29/08

A photocopying fee of $ .25 shall be charged per page for any photocopying done by the department of commerce and consumer affairs. Notes Haw. Code R. § 16-51-5 [Eff and comp 9/18/86; comp 4/29/91; comp 5/29/08] (Auth: HRS §§ 26-38, 92-28) (Imp: HRS §§ 26-38, 92-24, 92-28)…

The fees for real estate appraisers shall be as provided in this section: (1) Application fee $ 25 (2) Examination and other examination related fees as determined by agreement between the department and a professional testing service (3) License or certificate fee $ 100 (4) Appl…

The fees for the board of acupuncture shall be as provided in this section: (1) Application fee $ 50 (2) Examination and reexamination fees: (A) NCCA examination (i) NCCA examination and other examination related fees as determined by agreement between the board and a professiona…

The fees for the motor vehicle repair industry board shall be as provided in this section: (1) Application fees: (A) Mechanic $ 10 (B) Repair dealer $ 10 (C) Salvage dealer $ 30 (2) Examination and other examination related fees for mechanic license as determined by agreement bet…

Notes Haw. Code R. § 16-53-12 R 11/25/88

The fees for the board of barbering and cosmetology shall be as provided in this section: (1) Application fees: (A) Barber or apprentice barber $ 20 (B) Barber shop $ 50 (2) Examination and other examination related fees as determined by agreement between the board and a professi…

The fees for the board of barbering and cosmetology shall be as provided in this section: (1) Application fees: (A) Operator or instructor $ 20 (B) Beauty shop $ 50 (C) Beauty school $ 500 (D) Apprentice $ 20 (2) Examination and other examination related fees as determined by agr…

The fees for the boxing commission shall be as provided in this section: (1) Examination and reexamination fees: (A) Referee, judge, and manager $ 30 (i) Examination handscore fee $ 20 (ii) Examination review fee $ 25 (B) Second $ 30 (i) Examination handscore fee $ 20 (ii) Examin…

The fees for the board of chiropractic examiners shall be as provided in this section: (1) Application fee $ 50 (2) Examination and reexamination fees $ 100 (3) Examination handscore fee $ 20 (4) Examination review fee $ 25 (5) Original license fee $ 75 (6) License fees: (A) Firs…

The fees for the contractors license board shall be as provided in this section: (1) Application fee $ 50 (2) Application fee for additional classification $ 50 (3) Examination and other examination related fees as determined by agreement between the board and a professional test…

The fees for the board of dental examiners shall be as provided in this section: (1) Application fee $ 30 (2) Examination and reexamination fee $ 200 (3) Examination handscore fee $ 20 (4) Examination review fee $ 25 (5) Original license fee $ 40 (6) License fees: (A) First year …