Hawaii · statute · Haw. Rev. Stat. ch. 482E · 13 active provisions
(a) The purpose of this chapter is to regulate the sale of franchises in the State to minimize losses to the franchisee in cases where the franchisor or the franchisor's representative has not provided full and complete information regarding: (1) The franchisor-franchisee relationship; (2) The details of the contract b…
As used in this chapter and unless a different meaning appears from the context: "Area franchise" means any contract or agreement between a franchisor or subfranchisor whereby the subfranchisor is granted the right to sell or negotiate the sale of franchises in the name or on behalf of the franchisor. "Commissioner" me…
(a) It is unlawful for any person to sell a franchise in this State unless such person has presented to the prospective franchisee or the franchisee's representative, at least seven days prior to the sale of the franchise, an offering circular containing the following information: (1) The name of the franchisor, the na…
(a) Sections 482E-3, 482E-5(a) and 482E-5(c) shall not apply to: (1) Any transaction by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator. (2) Any offer or sale to a bank, savings institution, trust company, insurance company, investment company as defined in the In…
(a) Every person selling franchises in this State shall at all times keep and maintain a complete set of books, records, and accounts of such sales and shall thereafter at such times as are required by the director make and file in the office of the director a report setting forth the franchises sold by it and the proc…
Without limiting the other provisions of this chapter, the following specific rights and prohibitions shall govern the relation between the franchisor or subfranchisor and its franchisees: (1) The parties shall deal with each other in good faith. (2) For the purposes of this chapter and without limiting its general app…
(a) The director may issue a stop order prohibiting the sale of a franchise if the director finds that the order is in the public interest and that: (1) The offering circular is incomplete in any material respect or contains any statement which in the light of the circumstances under which it is or may be made false or…
(a) The commission of any unfair or deceptive acts or practices or unfair methods of competition prohibited by section 482E-6 shall constitute an unfair or deceptive act or practice under chapter 480. (b) Any person who sells or offers to sell a franchise in violation of this chapter shall be liable to the franchisee o…
(a) The director may bring an action to recover a civil penalty against any person who violates this chapter or who has knowingly violated a rule or order made pursuant to this chapter. A civil penalty of not more than $100,000 may be assessed. (b) No civil action may be brought under this chapter later than five years…
(a) Violations of this chapter shall be as follows: (1) An offense in which the total value of all money and anything else of value paid by or lost by the victim pursuant to the same scheme, plan, or representation, or to the same entity, amounts to less than $5,000, shall be a class C felony. (2) An offense in which t…
(a) Whenever it appears to the director that any person has engaged in or is about to engage in any act or practice constituting a violation of this chapter, or any order or rule issued or adopted thereunder, the director may issue a cease and desist order to enforce compliance with this chapter or any such order or ru…
The director shall charge and collect a fee of $250 at the time of the filing of the offering circular, a fee of $250 for the filing of any amended offering circular filed pursuant to section 482E-3(c), and an annual renewal fee of $250 to be collected pursuant to section 482E-3(d).
(a) Chapter 91 shall wherever applicable govern the rights, remedies, and procedures respecting the administration of this chapter. (b) The director shall appoint, subject to applicable civil service laws, a competent person to administer this chapter. The director shall delegate to the administrator such powers, subje…