No cemetery or pre-need funeral authority license shall be issued:

(1) To any person unless the person has filed an application therefor;

Terms Used In Hawaii Revised Statutes 441-21

  • Cemetery: means any property, or part interest therein, dedicated to and used or intended to be used for the permanent interment of human remains. See Hawaii Revised Statutes 441-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 441-1
  • Perpetual care fund: means a fund separately maintained to provide for the perpetual care of a cemetery in conformity with this chapter. See Hawaii Revised Statutes 441-1
  • Person: means an individual, partnership, corporation, county, association, or any other group however organized. See Hawaii Revised Statutes 441-1
  • Pre-need funeral authority: means any person who is engaged in the business of selling pre-need funeral services, or holds money in trust to provide for future funeral services; provided that this shall not apply to the designated trustee of the funds. See Hawaii Revised Statutes 441-1
(2) To any person who does not possess financial integrity;
(3) To any person unless it is a religious institution, corporation, county, or any association which has a perpetual existence;
(4) To any person unless the person files with the director a bond as required by § 441-22;
(5) To any person failing to establish and maintain pre-need trusts and perpetual care funds as required by this chapter;
(6) To any person failing to file with the director a copy of the documentation as required by either section perpetual care fund and pre-need trust” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>441-37(a) and (b) or section 441-37(a) and (c);
(7) To any person failing to file with the director a copy of contract form as required by section 441-32.5.

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