§525-4  Exclusions from statutory rule against perpetuities.  Section 525-1 shall not apply to:

     (1)  A fiduciary‘s power to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;

     (2)  A discretionary power of a trustee to distribute principal before termination of a trust;

     (3)  A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;

     (4)  A property interest in or a power of appointment with respect to a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses;

     (5)  A property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by any other applicable law; or

     (6)  A trust described in chapter 554G.

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Terms Used In Hawaii Revised Statutes 525-4

  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Fiduciary: A trustee, executor, or administrator.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Trustee: A person or institution holding and administering property in trust.