PART V.  PAWNBROKERS

 

Note

 

  Sections 445-131 to 445-136 designated as Part V by L 1990, c 164,  28.

 

Cross References

 

  Sunset evaluations modified, see   26H-4 and 26H-5.

  Pawnbrokers and secondhand dealers, see chapter 486M.

 

Terms Used In Hawaii Revised Statutes 445-131

  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Holding period: means a period of time not less than thirty days after the maturity date, in which a customer has the right to redeem pledged goods by paying a pawnbroker the amount provided in the applicable pawn transaction agreement and an additional pawn finance charge. See Hawaii Revised Statutes 445-131
  • Maturity date: means the date upon which a pawn transaction agreement expires and the holding period begins to run. See Hawaii Revised Statutes 445-131
  • Month: means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no corresponding date, then the last day of the following month, and when computations are made for a fraction of a month, a day shall be one-thirtieth of a month. See Hawaii Revised Statutes 445-131
  • Pawn transaction: means the act of lending money on the security of pledged goods or the act of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. See Hawaii Revised Statutes 445-131
  • Pawnbroker: means a person engaged in the business of making pawn transactions, but does not include financial institutions whose deposits are federally insured and companies that are regulated or supervised by the division of financial institutions. See Hawaii Revised Statutes 445-131
  • Personal property: All property that is not real property.
  • Pledged goods: means tangible personal property, other than choses in action, securities, or printed evidences of indebtedness, that is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of the pawnbroker's business and in connection with a pawn transaction. See Hawaii Revised Statutes 445-131

      445-131  Definitions.  As used in this part:

     “Holding period” means a period of time not less than thirty days after the maturity date, in which a customer has the right to redeem pledged goods by paying a pawnbroker the amount provided in the applicable pawn transaction agreement and an additional pawn finance charge.

     “Maturity date” means the date upon which a pawn transaction agreement expires and the holding period begins to run.

     “Month” means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no corresponding date, then the last day of the following month, and when computations are made for a fraction of a month, a day shall be one-thirtieth of a month.

     “Pawnbroker” means a person engaged in the business of making pawn transactions, but does not include financial institutions whose deposits are federally insured and companies that are regulated or supervised by the division of financial institutions.

     “Pawn finance charge” means the sum of all charges, payable directly or indirectly by the customer and imposed directly or indirectly by the pawnbroker, including charges for insurance, handling, storage, and any other charge imposed incidental to the pawn transaction.

     “Pawn transaction” means the act of lending money on the security of pledged goods or the act of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.

     “Pledged goods” means tangible personal property, other than choses in action, securities, or printed evidences of indebtedness, that is deposited with or otherwise actually delivered into the possession of a pawnbroker in the course of the pawnbroker’s business and in connection with a pawn transaction.