Title 26, Trade Regulation And Practice

§483-6 Executor or administrator of joint obligor bound. On the death of a joint obligor in contract, the joint obligor's personal representative shall be bound as such jointly with the surviving obligor or obligors. [L 1941, c 60, §6; RL 1945, §8746; RL 1955, §192-6; HRS §483-6;…

§484-1 Definitions. When used in this chapter, unless the context otherwise requires: "Commissioner of securities" means the commissioner of securities as defined in section 485A-102. "Common promotional plan" means a plan, undertaken by a single developer or group of developers …

§484-10 General powers and duties. (a) The director shall prescribe reasonable rules which shall be adopted, amended, or repealed in compliance with chapter 91. The rules shall include, but not be limited to, provisions for advertising standards to assure full and fair disclosure…

§484-11 Investigations and proceedings. (a) The director of commerce and consumer affairs may: (b) For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by rule may administer oaths or affirmations, and upon its own motion o…

§484-12 Cease and desist orders. (a) If the director determines after notice and hearing that a person has: the director may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the director w…

§484-13 Revocation. (a) A registration may be revoked by the director after notice and hearing upon a written finding of fact that the subdivider has: Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying …

§484-14 Judicial review. Proceedings for judicial review shall be in accordance with chapter 91. [L 1967, c 223, §14; HRS §484-14]

§484-15 Penalties. Any person who wilfully violates this chapter or a rule adopted under it or any person who wilfully, in an application for registration or exemption makes any untrue statement of a material fact or omits to state a material fact is guilty of a felony and may be…

§484-16 Civil remedy. (a) Any person who disposes of subdivided lands in violation of section 484-4, or who in disposing of subdivided lands makes an untrue statement of a material fact, or who in disposing of subdivided lands omits a material fact required to be stated in a regi…

§484-17 Jurisdiction. Dispositions of subdivided lands are subject to this chapter, and the circuit courts of this State have jurisdiction in claims or causes of action arising under this chapter, if:

§484-18 Interstate rendition. In the proceedings for extradition of a person charged with a crime under this chapter, it need not be shown that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding or other…

§484-19 Service of process. (a) In addition to the methods of service provided for in the Hawaii rules of civil procedure, service may be made by delivering a copy of the process to the office of the director of commerce and consumer affairs, but it is not effective unless the pl…

§484-2 Administration. This chapter shall be administered by the director of commerce and consumer affairs. [L 1967, c 223, §2; HRS §484-2; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 2008, c 19, §50]

§484-20 Fees and inspection expenses. (a) Notices of filing pursuant to section 484-8 shall not be issued until the applicant has paid to the director the proper registration or consultant fees, and has advanced the inspection expenses set forth in subsection (b). Neither the reg…

§484-21 Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [L 1967, c 223, §21; HRS §484-21]

§484-22 Short title. This chapter may be cited as the "Uniform Land Sales Practices Act". [L 1967, c 223, §22; HRS §484-22]

§484-3 Exemptions. (a) Unless the method of disposition is adopted for the purpose of evasion of this chapter, or unless the subdivider files in writing with the director that this chapter shall apply to the subdivider's subdivision, this chapter shall not apply to offers or disp…

§484-4 Prohibitions on dispositions of interests in subdivisions. Unless the subdivided lands or the transaction is exempt by section 484-3:

§484-5 Application for registration. (a) The application for registration of subdivided lands shall be filed in accordance with this chapter and rules adopted by the director pursuant to chapter 91, and shall contain the following documents and information: (b) If the subdivider …

§484-6 Public offering statement. (a) A public offering statement shall disclose fully and accurately the physical characteristics of the subdivided lands offered and shall make known to prospective purchasers all unusual and material circumstances or features affecting the subdi…

§484-7 Notice of filing; inquiry and examination. Upon receipt of a complete application for registration in proper form, including all standardized application forms, if any, prescribed by the director, the director shall issue a notice of filing to the applicant subject to sect…

§484-8 Orders of registration and rejection; general provisions. (a) Within forty-five days from the date of the notice of filing, the director shall enter a preliminary or final order registering the subdivided lands or rejecting the registration. Unless the applicant has consen…

§484-8.5 Preliminary order of registration. (a) The director shall enter a preliminary order of registration when: No preliminary order of registration shall be issued unless the director is satisfied that the public offering statement adequately discloses all matters required by…

§484-8.6 Final order of registration. (a) If the subdivider has obtained a preliminary order of registration, then upon the issuance of final subdivision approval of the subdivision by the county in which the land is situated, the subdivider shall submit to the director an applic…

§484-8.7 Copy of amended public offering statements to be given to prospective purchasers. If a subdivider enters into a reservation agreement with a prospective purchaser for the subdivision before the issuance of a final order, any sales contract later entered into by the subdi…

§484-8.8 Receipt for amended public offering statement. (a) Whenever the director requires pursuant to section 484-8.6(b) that an amended public offering statement be prepared by the subdivider, the subdivider shall obtain a receipt therefor from each purchaser or prospective pur…

§484-9 Annual report. (a) Within thirty days after each annual anniversary date of an order registering subdivided lands, the subdivider shall file a report in the form prescribed by the rules of the director of commerce and consumer affairs. The report shall reflect any material…

PART I. GENERAL PROVISIONS [§485A-101] Short title. This chapter shall be known and may be cited as the Uniform Securities Act (2002). [L 2006, c 229, pt of §1]

§485A-102 Definitions. As used in this chapter, unless the context otherwise requires: "Agent" means an individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities or represents an issuer in effectin…

[§485A-103] References to federal statutes. "Securities Act of 1933" (15 U.S.C. 77a et seq.), "Securities Exchange Act of 1934" (15 U.S.C. 78a et seq.), "Public Utility Holding Company Act of 1935" (15 U.S.C. 79 et seq.), "Investment Company Act of 1940" (15 U.S.C. 80a-1 et seq.)…

[§485A-104] References to federal agencies. A reference in this chapter to an agency or department of the United States is also a reference to a successor agency or department. [L 2006, c 229, pt of §1]

[§485A-105] Electronic records and signatures. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, but does not modify, limit, or supersede section 101(c) of that Act (15 U.S.C. 7001(c)) or authorize electronic deli…

PART II. EXEMPTIONS FROM REGISTRATION OF SECURITIES [§485A-201] Exempt securities. The following securities are exempt from the requirements of sections 485A-301 to 485A-305 and 485A-504:

§485A-202 Exempt transactions. (a) The following transactions are exempt from the requirements of sections 485A-301 to 485A-305 and 485A-504: (b) With respect to the exemption under paragraph (a)(13):

[§485A-203] Additional exemptions and waivers. A rule adopted or order issued under this chapter may exempt a security, transaction, or offer; a rule under this chapter may exempt a class of securities, transactions, or offers from any or all of the requirements of sections 485A-…

[§485A-204] Denial, suspension, revocation, condition, or limitation of exemptions. Except with respect to a federal covered security or a transaction involving a federal covered security, an order under this chapter may deny, suspend application of, condition, limit, or revoke a…

PART III. REGISTRATION OF SECURITIES AND NOTICE FILING OF FEDERAL COVERED SECURITIES [§485A-301] Securities registration requirement. It is unlawful for a person to offer or sell a security in this State unless:

[§485A-302] Notice filing. (a) With respect to a federal covered security, as defined in section 18(b)(2) of the Securities Act of 1933 (15 U.S.C. 77r(b)(2)), that is not otherwise exempt under sections 485A-201 to 485A-203, the following records shall be filed with the commissio…

[§485A-303] Securities registration by qualification. (a) A security may be registered by qualification under this section. (b) A registration statement under this section shall contain the information or records specified in section 485A-304, a consent to service of process comp…

[§485A-304] Securities registration filings. (a) A registration statement may be filed by the issuer, a person on whose behalf the offering is to be made, or a broker-dealer registered under this chapter. (b) A person filing a registration statement shall pay a filing fee of one-…

[§485A-305] Denial, suspension, and revocation of securities registration. (a) The commissioner may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, a registration statement if the commissioner finds that the order is in the public inte…

[§485A-306] Waiver and modification. The commissioner, in the commissioner's sole discretion, may waive or modify, in whole or in part, any or all of the requirements of sections 485A-302 and 485A-303(b) or the requirement of any information or record in a registration statement …

PART IV. BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, INVESTMENT ADVISER REPRESENTATIVES, AND FEDERAL COVERED INVESTMENT ADVISERS [§485A-401] Broker-dealer registration requirement and exemptions. (a) It is unlawful for a person to transact business in this State as a broker-deal…

§485A-402 Agent registration requirement and exemptions. (a) It is unlawful for an individual to transact business in this State as an agent unless the individual is registered under this chapter as an agent or is exempt from registration as an agent under subsection (b). (b) The…

[§485A-403] Investment adviser registration requirement and exemptions. (a) It is unlawful for a person to transact business in this State as an investment adviser unless the person is registered under this chapter as an investment adviser or is exempt from registration as an inv…

[§485A-404] Investment adviser representative registration requirement and exemptions. (a) It is unlawful for an individual to transact business in this State as an investment adviser representative unless the individual is registered under this chapter as an investment adviser r…