ARTICLE 4.  DEPOSITS IN FINANCIAL INSTITUTIONS

GENERALLY

 

Terms Used In Hawaii Revised Statutes 412:4-100

  • 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
  • Federal: means belonging to, part of, or related to the government of the United States of America. See Hawaii Revised Statutes 412:1-109
  • Probate: Proving a will
  • this State: means the State of Hawaii, its political subdivisions, agencies, and departments. See Hawaii Revised Statutes 412:1-109
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC

     §412:4-100  Law applicable.  (a)  Sections 412:4-101, 412:4 102, 412:4-104, and 412:4-113 shall apply to all Hawaii financial institutions that are authorized by this chapter to solicit, accept, and hold deposits.  The remaining sections of this article shall apply to all Hawaii financial institutions and, to the extent permitted by federal law, to federal financial institutions that are authorized to solicit, accept, and hold deposits in this State.

     (b)  Other provisions of the laws of this State, including, but not limited to, chapter 490, the Uniform Commercial Code, chapter 551E, the Uniform Power of Attorney Act, chapter 553A, Uniform Transfers to Minors Act, chapter 556, the Uniform Fiduciaries Act, chapter 560, the Uniform Probate Code, and any successor or similar acts shall also be applicable to deposits in this State.  The rights, protections, releases and discharges of financial institutions with respect to its depositors or third parties contained in this article and other applicable laws shall be cumulative.