Terms Used In Hawaii Revised Statutes > Chapter 412 > Article 2 - Division of Financial Institutions

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means any state or county department, commission, board, bureau, office, or other establishment of the state or county government or semi-autonomous part thereof. See Hawaii Revised Statutes 269E-2
• Agricultural commodity: means fresh fruits and fresh vegetables of every kind and character, whether or not frozen or packed in ice, whether produced in the State or imported, nuts, and coffee, whether cherry or parchment, or green beans, which have been produced in the State, and raw unprocessed honey, whether produced in the State or imported. See Hawaii Revised Statutes 147-1
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriate federal regulatory agency: means , with respect to a financial institution or financial institution holding company, any one or more regulatory agencies of the federal government referred to in the following sentence which either (1) insures the deposits of the financial institution or financial institution holding company, or (2) has the power and duty to conduct periodic general examinations of the affairs of the financial institution or financial institution holding company by virtue of the legal characterization of the financial institution or financial institution holding company under federal law, and not by virtue of the fact of affiliation of the financial institution or financial institution holding company with any other person or an alleged violation of a specific law. See Hawaii Revised Statutes 412:1-109
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Aviary game bird: includes the various species of pheasant which are of rare nature and are generally propagated and raised for its ornamental and aesthetic purposes, but does not pertain to birds raised for food, fighting, baiting, or for similar commercial purposes. See Hawaii Revised Statutes 142-111
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Capital: means :

  (1) The aggregate par value or other amount received and allocated to the issued and outstanding capital stock of a financial institution; or

  (2) The total amount of a credit union's outstanding and unimpaired membership shares or share accounts. See Hawaii Revised Statutes 412:1-109

• Capital stock: means the units of interest, whether or not having a par value, common or preferred, legally issued by a financial institution or other corporation, which represents a fractional ownership interest in the institution or corporation. See Hawaii Revised Statutes 412:1-109
• Center: means the one call center. See Hawaii Revised Statutes 269E-2
• Certificate: means a certificate of public convenience and necessity issued under this chapter to common carriers by motor vehicle. See Hawaii Revised Statutes 271-4
• Certificate: means a certificate of public convenience and necessity issued under this chapter to common carriers by water. See Hawaii Revised Statutes 271G-5
• Chambers: A judge's office.
• Chapter: means the Motor Carrier Law. See Hawaii Revised Statutes 271-4
• Chapter: means this Water Carrier Law. See Hawaii Revised Statutes 271G-5
• Circuit court: means the court established in each of the judicial circuits of this State pursuant to chapter 603 and which has jurisdiction under § 412:1-108 over a matter. See Hawaii Revised Statutes 412:1-109
• Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Hawaii Revised Statutes 658G-2
• Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

  (1) Sign a collaborative law participation agreement; and

  (2) Are represented by collaborative lawyers. See Hawaii Revised Statutes 658G-2

• Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Hawaii Revised Statutes 658G-2
• Collaborative matter: means a dispute, transaction, claim, problem, or issue for resolution including a dispute, claim, or issue in a proceeding which is described in a collaborative law participation agreement. See Hawaii Revised Statutes 658G-2
• Commission: means the public utilities commission. See Hawaii Revised Statutes 269E-2
• Commission: means the public utilities commission. See Hawaii Revised Statutes 271-4
• Commission: means the public utilities commission. See Hawaii Revised Statutes 271G-5
• Commissioner: means the commissioner of financial institutions of this State. See Hawaii Revised Statutes 412:1-109
• Committee: means the one call center advisory committee. See Hawaii Revised Statutes 269E-2
• Common carrier by motor vehicle: means any person that holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property or any class or classes thereof for compensation. See Hawaii Revised Statutes 271-4
• common carrier by water: means any person who holds oneself out to the general public as engaging in the transportation by water of passengers or property for compensation within the State or between points within the State. See Hawaii Revised Statutes 271G-5
• Company: means any corporation, partnership, trust (business or otherwise), association, joint venture, pool syndicate, unincorporated organization, or any form of business entity not specifically listed herein and, unless specifically excluded, a financial institution; provided that "company" does not mean any trust existing on July 1, 1993, which under its terms must terminate within twenty-five years, or not later than twenty-one years and ten months after the death of individuals living on the effective date of the trust. See Hawaii Revised Statutes 412:1-109
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conservator: means a person appointed by the commissioner to take possession and control of a Hawaii financial institution for a temporary period in order to preserve and protect the assets of the institution for the benefit of its depositors, beneficiaries, creditors, and shareholders or members. See Hawaii Revised Statutes 412:1-109
• Contract: A legal written agreement that becomes binding when signed.
• Contract carrier by motor vehicle: means any person that engages in transportation by motor vehicle of passengers or property for compensation (other than transportation referred to in the definition of "common carrier by motor vehicle") under continuing contracts with one person or a limited number of persons for the furnishing of transportation services:
  (1) Through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served; or
  (2) Designed to meet the distinct need of each individual customer. See Hawaii Revised Statutes 271-4
• Control: means , unless the context clearly requires otherwise, directly or indirectly, solely or through another person or transaction, or in concert with another:

  (1) Owning or having the power to vote twenty-five per cent or more of any class of voting securities;

  (2) Owning or having the power to exercise twenty-five per cent or more of the votes of a mutual association, credit union, or other entity whose voting rights are not determined by voting securities;

  (3) Owning or having the power to vote ten per cent or more of any class of voting securities if:

  (A) the issuer of that class of securities has issued any class of securities under section 12 of the Securities Exchange Act of 1934, as amended; or

  (B) immediately after the acquisition, no other person will own a greater percentage of that class of voting securities;

  (4) Having the power to elect by any means a majority of the directors; or

  (5) Having the power to exercise a dominant influence over management, if so determined by the commissioner after notice and a hearing. See Hawaii Revised Statutes 412:1-109

• 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.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Damage: means :

  (1) The substantial weakening of the structural or lateral support of a subsurface installation;

  (2) The penetration or destruction of any protective coating, housing, or other protective device of a subsurface installation; or

  (3) The partial or complete severance of a subsurface installation. See Hawaii Revised Statutes 269E-2

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Demolition: means the wrecking, razing, rendering, movement, or removal of a structure or mass of material by means of tools, equipment, or the placement and discharge of explosives. See Hawaii Revised Statutes 269E-2
• Department: means the department of agriculture. See Hawaii Revised Statutes 142-101
• Department: means the department of agriculture. See Hawaii Revised Statutes 142-111
• Department: means the department of agriculture. See Hawaii Revised Statutes 147-1
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Depository institution: means a financial institution that is authorized to accept deposits under its chartering or licensing authority and includes a bank, savings bank, savings and loan association, depository financial services loan company, credit union, or intra-Pacific bank. See Hawaii Revised Statutes 412:1-109
• deposits: means money or its equivalent received or held by a person in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to a demand, checking, savings, time, passbook, negotiable order of withdrawal, thrift, or share account, or which is evidenced by its passbook, certificate of deposit, thrift certificate, investment certificate, certificate of indebtedness, or other similar instrument, or a check, draft, or share draft drawn against a deposit account and certified by a person, on which the person is primarily liable. See Hawaii Revised Statutes 412:1-109
• Director: means any member of the board of directors of a financial institution, whether or not receiving compensation. See Hawaii Revised Statutes 412:1-109
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the division of financial institutions of the department of commerce and consumer affairs of this State. See Hawaii Revised Statutes 412:1-109
• Docket: A log containing brief entries of court proceedings.
• Document: includes any application, complaint, pleading, brief, answer, motion, memorandum, declaration, exhibit, certificate of service, and other papers filed by or with the commission. See Hawaii Revised Statutes 271-4
• Document: includes any application, complaint, pleading, brief, answer, motion, memorandum, declaration, exhibit, certificate of service, and other papers filed by or with the commission. See Hawaii Revised Statutes 271G-5
• Emergency: means a sudden, unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services. See Hawaii Revised Statutes 269E-2
• Enforcement officer: means any person employed and authorized by the commission to investigate any matter on behalf of the commission. See Hawaii Revised Statutes 271-4
• Enforcement officer: means any person employed and authorized by the commission to investigate any matter on behalf of the commission. See Hawaii Revised Statutes 271G-5
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Excavation: means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives, including but not limited to the following: grading, trenching, digging, ditching, boring, drilling, auguring, tunneling, scraping cable or pipe plowing and driving, demolition, and dredging. See Hawaii Revised Statutes 269E-2
• Excavator: means any person, including an operator, who performs any excavation, other than an operator whose employees are performing maintenance work on the operator's subsurface installation. See Hawaii Revised Statutes 269E-2
• Failing financial institution: means a Hawaii financial institution or a federal financial institution whose operations are principally conducted in this State, and which:

  (1) Is insolvent or has failed to make good an impairment of its capital and surplus as provided in § 412:2-314;

  (2) Has incurred or is likely to incur losses that will deplete all or substantially all of its capital and surplus, and there is no reasonable prospect for such capital and surplus to be replenished without federal assistance; or

  (3) Has violated or is violating laws, rules or regulations, or has committed or is committing an unsafe or unsound practice, and such violation or practice is likely to cause insolvency or a substantial dissipation of assets or is likely to severely weaken the institution's condition or otherwise seriously prejudice the interests of its depositors. See Hawaii Revised Statutes 412:2-500

• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal: means belonging to, part of, or related to the government of the United States of America. See Hawaii Revised Statutes 412:1-109
• Federal financial institution: means a national banking association, federal savings bank, federal savings and loan association or federal credit union. See Hawaii Revised Statutes 412:1-109
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means a Hawaii financial institution, and unless the context indicates otherwise, a federal financial institution or foreign financial institution. See Hawaii Revised Statutes 412:1-109
• Financial institution holding company: means a holding company which controls a Hawaii financial institution or which controls another financial institution holding company. See Hawaii Revised Statutes 412:1-109
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Hawaii financial institution: means :

  (1) A corporation or credit union that holds a charter or license under this chapter or under prior Hawaii law, authorizing it to accept deposits, to make loans in excess of the rates permitted in chapter 478, or to engage in the business of a trust company; or

  (2) A resulting bank as defined in article 12,

  and includes a corporation or credit union existing and chartered as a Hawaii financial institution or licensed to transact business in this State on July 1, 1993. See Hawaii Revised Statutes 412:1-109

• Highway: means the public roads, highways, streets, and ways in this State. See Hawaii Revised Statutes 271-4
• Holding company: means any company which controls another company. See Hawaii Revised Statutes 412:1-109
• Identification leg band: means the band placed around the pigeon's leg identifying the owner by name or initials or containing numbers or letters or a combination thereof. See Hawaii Revised Statutes 142-101
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inquiry identification number: means the number issued by the center to every excavator who contacts the center for the purpose of excavating. See Hawaii Revised Statutes 269E-2
• Insolvency: means , with respect to a financial institution, that the value of its assets is insufficient to pay its depositors and its creditors. See Hawaii Revised Statutes 412:1-109
• Institution-affiliated party: means any of the following:

  (1) Any director, officer, employee or controlling shareholder of, or agent for, or other person that controls a financial institution;

  (2) Any person who has filed or is required to file an application to become a financial institution with the commissioner or an application to acquire control of a Hawaii financial institution or financial institution holding company with the commissioner;

  (3) Any shareholder, consultant, joint venture partner, and any other person as determined by the commissioner (by rule or case-by-case) who participates in the conduct of the affairs of a financial institution; or

  (4) Any independent contractor (including any attorney, appraiser, or accountant) who knowingly or recklessly participates in any of the following which caused or is likely to cause more than a minimal financial loss to, or a significant adverse effect on, the financial institution:

  (A) Any violation of law or rule,

  (B) Any breach of fiduciary duty, or

  (C) Any unsafe or unsound practice. See Hawaii Revised Statutes 412:1-109

• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Loans and extensions of credit: includes a contractual commitment to advance funds. See Hawaii Revised Statutes 412:1-109
• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Motor carrier: includes both a common carrier by motor vehicle and a contract carrier by motor vehicle. See Hawaii Revised Statutes 271-4
• Motor vehicle: means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the commission, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. See Hawaii Revised Statutes 271-4
• Oath: A promise to tell the truth.
• oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
• Offgrade: is a descriptive term applicable to agricultural commodities which have a market value, and designates a quality lower than the lowest applicable in Hawaii, other states or the United States grade for each agricultural commodity. See Hawaii Revised Statutes 147-1
• One call center: means a private provider selected by the commission pursuant to § 269E-5 that provides advance warning to excavators of the location of subsurface installations in the area of an excavation for the purpose of protecting those installations from damage. See Hawaii Revised Statutes 269E-2
• Open to the public: means accessible or available to the general public during regular business hours without special permission. See Hawaii Revised Statutes 412:1-109
• Operator: means any person who owns, operates, or maintains a subsurface installation. See Hawaii Revised Statutes 269E-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Party: means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Hawaii Revised Statutes 658G-2
• Permit: means a permit issued under this chapter to contract carriers by motor vehicle. See Hawaii Revised Statutes 271-4
• Person: means any individual, firm, joint venture, partnership, corporation, association, agency, cooperative or joint stock association, contractor, subcontractor, operator, or other entity. See Hawaii Revised Statutes 269E-2
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 658G-2
• Person: means a natural person, entity or organization, including without limitation an individual, corporation, joint venture, partnership, sole proprietorship, association, cooperative, estate, trust, or governmental unit. See Hawaii Revised Statutes 412:1-109
• Personal property: All property that is not real property.
• persons: means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof. See Hawaii Revised Statutes 271-4
• persons: means any individual, firm, copartnership, corporation, company, association, or joint stock association; and includes any trustee, receiver, assignee, or personal representative thereof. See Hawaii Revised Statutes 271G-5
• Pigeon: includes all carrier and show birds but does not pertain to birds raised for food or for similar commercial purposes. See Hawaii Revised Statutes 142-101
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Proceeding: means :

  (1) A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or

  (2) A legislative hearing or similar process. See Hawaii Revised Statutes 658G-2

• Producer: means any person engaged within the State in the growing or production for market of any agricultural commodity, or any cooperative association of such persons. See Hawaii Revised Statutes 147-1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Rates: includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise; provided that for transportation by motor vehicle of passengers, where the provision of transportation is part of a package that may include air fare, meals, attractions, and other services, "rates" shall only include the charges for the provision of transportation by motor vehicle. See Hawaii Revised Statutes 271-4
• Rates: includes rates, fares, tolls, rentals, and charges of whatever kind and nature unless the context indicates otherwise. See Hawaii Revised Statutes 271G-5
• Raw unprocessed honey: means honey that has not been heated above one hundred twenty degrees Fahrenheit, or filtered through a fine screen of less than one-sixty-fourth inch mesh, or treated with diatomaceous earth, or in any other way that results in the loss of any natural constituent of honey, such as plant pollen and enzymes. See Hawaii Revised Statutes 147-1
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Receiver: means a person appointed by the commissioner to take possession and control of a Hawaii financial institution for the purpose of liquidating and winding up the affairs of the institution. See Hawaii Revised Statutes 412:1-109
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 658G-2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sign: means , with present intent, to authenticate or adopt a record:

  (1) To execute or adopt a tangible symbol; or

  (2) To attach to or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 658G-2

• Subpoena: A command to a witness to appear and give testimony.
• Subsidiary: means a corporation, joint venture, partnership, or other company that is controlled by another corporation. See Hawaii Revised Statutes 412:1-109
• Subsurface installation: means any pipeline, conduit, cable, duct, wire, sewer line, storm drain, vault, or other structure that is located underground. See Hawaii Revised Statutes 269E-2
• Summons: Another word for subpoena used by the criminal justice system.
• surplus: includes retained earnings, whether or not transferred or allocated to surplus. See Hawaii Revised Statutes 412:1-109
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• this State: means the State of Hawaii, its political subdivisions, agencies, and departments. See Hawaii Revised Statutes 412:1-109
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transportation of persons: includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage. See Hawaii Revised Statutes 271-4
• Transportation of persons: includes every service in connection with or incidental to the safety, comfort, or convenience of persons transported and the receipt, carriage, and delivery of these persons and their baggage. See Hawaii Revised Statutes 271G-5
• Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, delivery, elevation, transfer, carriage, ventilation, refrigeration, icing, dunnage, storage in transit, handling, and consolidation for the purposes of forwarding within the State. See Hawaii Revised Statutes 271-4
• Transportation of property: includes every service in connection with or incidental to the transportation of property, including in particular its receipt, and delivery, carriage, preservation, and all incidental services affecting these activities. See Hawaii Revised Statutes 271G-5
• Tribunal: means :

  (1) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or

  (2) A legislative body conducting a hearing or similar process. See Hawaii Revised Statutes 658G-2

• Trustee: A person or institution holding and administering property in trust.
• Vessel: means any watercraft or other artificial contrivance of whatever description that is used, or capable of being used, or intended to be used, as a means of transportation by water. See Hawaii Revised Statutes 271G-5