414D-1 Short title.

§414D-1 Short title. This chapter shall be known and may be cited as the “Hawaii Nonprofit Corporations Act”. [L 2001, c 105, pt of §1]

414D-10 Evidentiary effect of copy of filed document.

§414D-10 Evidentiary effect of copy of filed document. A certificate attached to a copy of a document bearing the department director’s signature (which may be in facsimile) and the seal of the department is conclusive evidence that the original document is on file with the department director. [L 2001, c 105, pt of §1]

414D-11 Certificates and certified copies to be received in evidence.

§414D-11 Certificates and certified copies to be received in evidence. All certificates issued by the department director pursuant to this chapter, and all copies of documents filed in the department director’s office pursuant to this chapter when certified by the department director, shall be taken and received in all courts, public offices, and official bodies […]

414D-12 Penalty for signing false document.

§414D-12 Penalty for signing false document. (a) A person commits an offense by signing a document the person knows is false in any material respect with intent that the document be delivered to the department director for filing. (b) An offense under this section is a class C felony. [L 2001, c 105, pt of […]

414D-13 Department director; powers.

§414D-13 Department director; powers. The department director has the power reasonably necessary to perform the duties required of the department director’s office by this chapter. The department director shall adopt necessary rules pursuant to chapter 91. [L 2001, c 105, pt of §1]

414D-14 Definitions.

§414D-14 Definitions. Unless the context otherwise requires in this chapter: “Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with the public benefit corporation. Control includes the power to select the public benefit corporation’s board of directors. “Approved by the members” or “approval by the members” means […]

414D-15 Notice.

§414D-15 Notice. (a) Notice may be oral, in the form of an electronic transmission as described in subsections (i) and (j), or written. (b) Notice may be communicated in person; by telephone, telegraph, teletype, or other form of wire or wireless communication; by mail or private carrier; or by electronic transmission as described in subsections […]

414D-16 Private foundations.

§414D-16 Private foundations. Except as otherwise determined by a court of competent jurisdiction, a corporation that is a private foundation as defined in section 509(a) of the Code: (1) Shall distribute such amounts for each taxable year at such time and in such manner as not to subject the corporation to tax under section 4942 […]

414D-17 Judicial relief.

§414D-17 Judicial relief. (a) If for any reason it is impractical or impossible for any corporation to call or conduct a meeting of its members, delegates, or directors or otherwise obtain their consent in the manner prescribed by its articles, bylaws, or this chapter, then upon petition of a director, officer, delegate, or member, the […]

414D-18 Miscellaneous charges.

§414D-18 Miscellaneous charges. The department director shall charge and collect: (1) For furnishing a certified copy of any document, instrument, or paper relating to a corporation, $10; and (2) At the time of any service of process on the department director as agent for service of process of a corporation, $10, which amount may be […]

414D-19 Shares of stock and dividends prohibited; compensation; distribution.

§414D-19 Shares of stock and dividends prohibited; compensation; distribution. A corporation under this chapter shall not authorize or issue shares of stock except for limited-equity housing cooperatives. No dividend shall be paid and no part of the income or profit of a corporation shall be distributed to its members, directors, or officers. A corporation may […]

414D-2 Reservation of power to amend or repeal.

§414D-2 Reservation of power to amend or repeal. The Hawaii legislature has power to amend or repeal all or part of this chapter at any time and all domestic and foreign corporations subject to this chapter are governed by the amendment or repeal. [L 2001, c 105, pt of §1]

414D-20 Notice to the attorney general of commencement of proceeding.

§414D-20 Notice to the attorney general of commencement of proceeding. (a) The attorney general shall be given written notice of the commencement of any proceeding that this chapter authorizes the attorney general to bring but that has been commenced by another person within ten days of its commencement. (b) Whenever any provision of this chapter […]

414D-3 Filing requirements.

§414D-3 Filing requirements. (a) A document must satisfy the requirements of this section, and of any other section that adds to or varies these requirements, to be entitled to filing by the department director. (b) This chapter must require or permit filing of the document with the department director. (c) The document must contain the […]

414D-4 Forms.

§414D-4 Forms. (a) The department director may prescribe and furnish on request, forms for: (1) An application for a certificate of good standing; (2) A foreign corporation’s application for a certificate of authority to transact business in this State; (3) A foreign corporation’s application for a certificate of withdrawal; and (4) The annual report. If […]

414D-5 Filing, service, and copying fees.

§414D-5 Filing, service, and copying fees. (a) The following fees shall be paid to the department director upon the filing of corporate documents: (1) Articles of incorporation, $50; (2) Articles of amendment, $10; (3) Restated articles of incorporation, $10; (4) Articles of merger, $50; (5) Articles of conversion, $50; (6) Articles of dissolution, $10; (7) […]

414D-6 Effective time and date of document.

§414D-6 Effective time and date of document. (a) Except as otherwise provided in subsection (b) and section 414D-7(c), a document is effective: (1) At the time of filing on the date it is filed, as evidenced by the department director’s endorsement on the original document; or (2) At the time specified in the document as […]

414D-7 Correcting filed document.

§414D-7 Correcting filed document. (a) A domestic or foreign corporation may correct a document filed by the department director if the document: (1) Contains an incorrect statement; or (2) Was defectively executed, attested, sealed, verified, or acknowledged. (b) A document is corrected by: (1) Preparing articles of correction that: (A) Describe the document (including its […]

414D-8 Filing duty of the department director.

§414D-8 Filing duty of the department director. (a) If a document delivered to the office of the department director for filing satisfies the requirements of section 414D-3, the department director shall file it. (b) The department director files a document by stamping or otherwise endorsing it with the date and the time of receipt. (c) […]

414D-9 Appeal from the department director’s refusal to file document.

§414D-9 Appeal from the department director’s refusal to file document. (a) If the department director refuses to file a document delivered for filing to the department director’s office, the domestic or foreign corporation may within thirty days after the return of the document appeal the refusal to the circuit court. The appeal shall be commenced […]