The attorney general may institute civil proceedings in the circuit court to forfeit the charter of any corporation organized under the laws of this State and to cancel the registration and license authorizing any foreign corporation to carry on business or charitable work in this State, when:

(1)

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Terms Used In Hawaii Revised Statutes 842-5

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Organized crime: means any combination or conspiracy to engage in criminal activity as a significant source of income or livelihood, or to violate, aid, or abet the violation of criminal laws relating to prostitution, gambling, loan sharking, drug abuse, illegal drug distribution, counterfeiting, extortion, labor trafficking, unlicensed sale of liquor, or corruption of law enforcement officers or other public officers or employers. See Hawaii Revised Statutes 842-1
  • Person: includes any individual or entity capable of holding a legal or beneficial interest in property and includes nonresident aliens. See Hawaii Revised Statutes 842-1
(A) Any of the corporate officers or any other person controlling the management or operation of the corporation, with the knowledge of the president and a majority of the board of directors or under circumstances wherein the president and majority of the directors should have such knowledge, is engaged in organized crime or who is connected directly or indirectly with organizations or criminal societies engaging in organized crime[;] or
(B) A director, officer, employee, agent, or stockholder acting for, through, or on behalf of a corporation, in conducting the corporation’s affairs, purposely engages in a persistent course of organized crime with the knowledge of the president and a majority of the board of directors or under circumstances wherein the president and a majority of the directors should have such knowledge, with the intent to compel or induce other persons, firms, or corporations to deal with the corporation or to engage in organized crime; and
(2) The public interest requires the charter of the corporation to be forfeited and the corporation to be dissolved or the registration and license to be canceled, for the prevention of future illegal conduct of the same character.

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