Hawaii · statute · Haw. Rev. Stat. ch. 523A · 45 active provisions
As used in this part, unless the context otherwise requires: "Administrator" means the director of finance. "Apparent owner" means a person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder. "Business association" means a corporation, joint stock compa…
(a) Property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property: (1) Traveler's check, fifteen years after issuance; (2) Money order, seven years after issuance; (3) Stock or other equity interest in a business association or financial organization…
(a) This part shall not apply to a gift certificate or gift card; provided the gift certificate or gift card has no expiration date, no expiration period, and no type of post-sale charge or fee (including but not limited to service charges, dormancy fees, account maintenance fees, cash-out fees, replacement card fees,…
Tangible property held in a safe deposit box or other safekeeping depository in this State in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, shall be presumed abandoned if the property remains unclaimed by the owner for more than five years afte…
Except as otherwise provided in this part or by other statute of this State, property that is presumed abandoned, whether located in this or another state, shall be subject to the custody of this State if: (1) The last known address of the apparent owner, as shown on the records of the holder, is in this State; (2) The…
A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes th…
A record of the issuance of a check, draft, or similar instrument shall be prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment shall be satisfied by showing issuance of th…
(a) A holder of property presumed abandoned shall make a report to the administrator concerning the property. (b) The report shall be verified and shall contain: (1) A description of the property; (2) Except with respect to a traveler's check or money order, the name, if known, and last known address, if any, and the s…
(a) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by section 523A-8, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the administrator the property described in the report as unclaimed; provided that if t…
(a) The administrator shall publish a notice not later than March 1 of the year next following the report required by section 523A-8 at least once statewide. The notice shall be in a form that, in the judgment of the administrator, is likely to attract the attention of the apparent owner of the unclaimed property. The…
(a) In this section, payment or delivery is made in "good faith" if: (1) Payment or delivery was made in a reasonable attempt to comply with this part; (2) The holder was not then in breach of a fiduciary obligation with respect to the property and had a reasonable basis for believing, based on the facts then known, th…
If property other than money is delivered to the administrator under this part, the owner shall be entitled to receive from the administrator any income or gain realized or accruing on the property at or before liquidation or conversion of the property into money. If the property was an interest-bearing demand, savings…
(a) Except as otherwise provided in this section, the administrator, within three years after the receipt of abandoned property, shall sell it to the highest bidder at public sale at a location in the State which in the judgment of the administrator affords the most favorable market for the property. The administrator…
(a) Subject to the period of limitation set forth in section 523A-19(c), after property has been paid or delivered to the administrator under this part, another state may recover the property if: (1) The property was paid or delivered to the custody of this State because the records of the holder did not reflect a last…
(a) Subject to the period of limitation set forth in section 523A-19(c), a person, excluding another state, claiming property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant. (b) Within one hundred twenty days after a claim is filed, the adm…
A person, excluding another state, aggrieved by a decision of the administrator or whose claim has not been acted upon within one hundred twenty days after its filing may maintain an original action to establish the claim in the circuit court, naming the administrator as a defendant. If the aggrieved person establishes…
(a) The administrator may decline to receive property reported under this part that the administrator considers to have a value less than the expenses of notice and sale. (b) A holder, with the written consent of the administrator and upon conditions and terms prescribed by the administrator, may report and deliver pro…
If the administrator determines after investigation that property delivered under this part has no substantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. An action or proceeding shall not be maintained against the State or any officer or against the holder for or o…
(a) The expiration, before or after July 1, 2009, of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order, shall not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer proper…
(a) The administrator may require a person who has not filed a report, or a person who the administrator believes has filed an inaccurate, incomplete, or false report, to file a verified report in a form specified by the administrator. The report shall state whether the person is holding property reportable under this…
(a) Except as otherwise provided in subsection (b), a holder required to file a report under section 523A-8 shall maintain the records containing the information required to be included in the report for ten years after the holder files the report, unless a shorter period is provided by rule of the administrator. (b) A…
The administrator may maintain an action in this or another state to enforce this part. The court may award reasonable attorney's fees to the prevailing party.
(a) The administrator may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the other state, or another person acting on behalf of a state, to examine records as authorized in section 523A-20. The administrator by rule m…
(a) A holder who fails to report, pay, or deliver property within the time prescribed by this part shall pay to the administrator interest at the annual rate of two percentage points above the annual rate of discount in effect on the date the property should have been paid or delivered for the most recent issue of fift…
(a) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned shall be void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is…