Hawaii · statute · Haw. Rev. Stat. ch. 658B · 14 active provisions
In this chapter: "Action" means a judicial proceeding or arbitration in which a money payment may be awarded or enforced in respect of a foreign-money claim. "Conversion date" means the banking day next before the date on which money is, in accordance with this chapter: (1) Paid to a judgment creditor; (2) Paid to the…
(a) This chapter applies only to a foreign-money claim in an action or distribution proceeding. (b) This chapter applies to foreign-money issues notwithstanding the law applicable under the conflict of laws rules of this State to other issues in the action or distribution proceeding.
(a) The effect of provisions of this chapter may be varied by agreement of the parties made at any time before or after commencement of an action, commencement of a distribution proceeding, or the entry of judgment. (b) The parties may agree upon the money to be used in a transaction giving rise to a foreign-money clai…
(a) Except as provided by subsection (b), the proper money of the claim is, as in each case may be appropriate, the money: (1) Regularly used between the parties as a matter of usage or course of dealing; or (2) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or…
(a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. (b) If an amount contracted to be paid in a foreign money is to be measured by a different money at the exchange rate prevailing on a date prior t…
(a) A claimant may assert a claim in a specified foreign money. If a foreign money is not asserted, the claimant makes a claim for a judgment in United States dollars. (b) An opposing party may allege and prove that the claim is, in whole or in part, for a different money than that asserted by the claimant. (c) Any par…
(a) Except as provided in subsection (c), a judgment or arbitration award on a foreign-money claim must be stated in an amount of the money of the claim. (b) The judgment or award is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign mo…
The rate of exchange prevailing at or near the closing of business on the day the proceeding is initiated shall govern all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding must assert its claim in the named foreign money and show the amount of United States…
(a) With respect to a foreign-money claim, recovery of prejudgment interest and the rate of interest to be applied in the action or distribution proceeding are matters of the substantive law governing the right to recovery under the conflict of laws rules of this State. (b) Notwithstanding subsection (a), an increase o…
(a) Subject to subsections (b) and (c), if an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this State as enforceable, the enforcing judgment must be entered as provided in section 658B-7 whether or not the foreign judgment confers an opti…
(a) For the limited purpose of facilitating the enforcement of provisional remedies in an action, (1) the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, (2) the amount of United States dollars at issue for assessing c…
(a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for t…
Unless displaced by particular provisions of this chapter, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes supplement its…
This chapter may be cited as the Uniform Foreign-Money Claims Act.