§468M-9 Client trust accounts; maintenance of and withdrawal from accounts. (a) Within three business days of receipt, an activity desk shall deposit all sums received from a consumer for excursions or activities offered by the activity desk in a trust account maintained in a federally insured financial institution located in Hawaii. All sums paid by any person to an activity desk for activities furnished by an activity provider shall be held in trust for the benefit of the person making the payment and the activity provider. The activity desk shall be considered the trustee of the funds paid into the client trust account, less any commission.
(b) The trust account required by this section shall be established and maintained for the benefit of the consumers paying money to the activity desk and the activity provider. The activity desk shall not in any manner encumber the amounts in trust and shall not withdraw money therefrom except:
(c) This section shall not prevent the withdrawal from the trust account of:
(d) At the time of registration, the activity desk shall file with the department the account number and the name of the financial institution at which the trust account is held or submit a bond or letter of credit as provided in section 468M-10. The activity desk shall notify the department of any change in the account number or location within one business day of the change. [L 1991, c 240, pt of §1, §§2, 4; ren and am L 1992, c 231, pt of §2, §§3, 6; am L 1995, c 174, §§1, 2; am L 1998, c 248, §§1, 2; am L 2010, c 150, §3]