Sections
Part I General Provisions 428-101 – 428-111
Part II Organization 428-201 – 428-210
Part III Relations of Members and Managers to Persons Dealing with the Limited Liability Company 428-301 – 428-303
Part IV Relations of Members to One Another and to the Limited Liability Company 428-401 – 428-411
Part V Transferees and Creditors of Members 428-501 – 428-504
Part VI Member’s Dissociation 428-601 – 428-603
Part VII Member’s Dissociation When Business Not Wound Up 428-701 – 428-704
Part VIII Winding Up the Company’s Business 428-801 – 428-812
Part IX Conversions and Mergers 428-901 – 428-906
Part X Foreign Limited Liability Companies 428-1001 – 428-1009
Part XI Derivative Actions 428-1101 – 428-1104
Part XII Miscellaneous Provisions 428-1201 – 428-1204
Part XIII Fees, Charges, and Penalties 428-1301 – 428-1302

Terms Used In Hawaii Revised Statutes > Chapter 428

  • Account: means any of the three accounts created under section 431:16-206(a). See Hawaii Revised Statutes 431:16-205
  • Articles of organization: means initial, amended, and restated articles of organization and articles of merger. See Hawaii Revised Statutes 428-101
  • Association: means the Hawaii life and disability insurance guaranty association created under section 431:16-206. See Hawaii Revised Statutes 431:16-205
  • authorized: when used in the context of assessments means a resolution by the board of directors that has been passed whereby an assessment will be called immediately or in the future from member insurers for a specified amount. See Hawaii Revised Statutes 431:16-205
  • Business: includes every trade, occupation, profession, and other lawful purpose, whether or not carried on for profit. See Hawaii Revised Statutes 428-101
  • called: when used in the context of assessments means a notice that has been issued by the association to member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice. See Hawaii Revised Statutes 431:16-205
  • Capital costs: means part or all of the cost for capital improvements. See Hawaii Revised Statutes 431:16-211
  • Collaborative law communication: means a statement, whether oral or in a record, or verbal or nonverbal, that:

         (1)  Is made to conduct, participate in, continue, or reconvene a collaborative law process; and

         (2)  Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded. See Hawaii Revised Statutes 428-108

  • Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Hawaii Revised Statutes 428-108
  • Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

         (1)  Sign a collaborative law participation agreement; and

         (2)  Are represented by collaborative lawyers. See Hawaii Revised Statutes 428-108

  • Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Hawaii Revised Statutes 428-108
  • Collaborative matter: means a dispute, transaction, claim, problem, or issue for resolution including a dispute, claim, or issue in a proceeding which is described in a collaborative law participation agreement. See Hawaii Revised Statutes 428-108
  • contract owner: means the person who is identified as the legal owner under the terms of the policy or contract or who is otherwise vested with legal title to the policy or contract through a valid assignment completed in accordance with the terms of the policy or contract and properly recorded as the owner on the books of the insurer. See Hawaii Revised Statutes 431:16-205
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 54-17
  • Covered policy: means any policy or contract or portion of a policy or contract for which coverage is provided under section 431:16-203. See Hawaii Revised Statutes 431:16-205
  • Debtor in bankruptcy: means a person who is the subject of an order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application or a comparable order under federal, state, or foreign law governing insolvency. See Hawaii Revised Statutes 428-101
  • Department: means the department of commerce and consumer affairs. See Hawaii Revised Statutes 428-101
  • Department: means the department of transportation. See Hawaii Revised Statutes 431:16-211
  • Development: means any artificial change to real property that requires a county grading or building permit including but not limited to construction, expansion, enlargement, alteration, or erection of buildings or structures. See Hawaii Revised Statutes 431:16-211
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 428-101
  • Director: means the director of transportation. See Hawaii Revised Statutes 431:16-211
  • Distribution: means a transfer of money, property, or other benefit from a limited liability company to a member in the member's capacity as a member or to a transferee of the member's distributional interest. See Hawaii Revised Statutes 428-101
  • Distributional interest: means all of a member's interest in distributions by the limited liability company. See Hawaii Revised Statutes 428-101
  • Entity: includes domestic and foreign corporations, domestic professional corporations, domestic and foreign limited liability companies, domestic and foreign nonprofit corporations, domestic and foreign business trusts, estates, domestic and foreign partnerships, domestic and foreign limited partnerships, domestic and foreign limited liability partnerships, trusts, two or more persons having joint or common economic interest, associations and cooperative associations, and state, federal, and foreign governments. See Hawaii Revised Statutes 428-101
  • Foreign limited liability company: means an unincorporated entity organized under laws other than the laws of this State which afford limited liability to its owners comparable to the liability under section 428-303 and is not required to obtain a certificate of authority to transact business under any law of this State other than this chapter. See Hawaii Revised Statutes 428-101
  • Impaired insurer: means a member insurer that after July 1, 1988, is not an insolvent insurer, and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. See Hawaii Revised Statutes 431:16-205
  • Individual: means a natural person. See Hawaii Revised Statutes 428-101
  • Insolvent insurer: means a member insurer that after July 1, 1988, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Hawaii Revised Statutes 431:16-205
  • Law firm: means :

         (1)  Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association;

         (2)  Lawyers employed in a legal services organization;

         (3)  Lawyers employed in the legal department of a corporation or other organization; or

         (4)  Lawyers employed in the legal department of a government or governmental subdivision, agency, or instrumentality. See Hawaii Revised Statutes 428-108

  • Limited liability company: means a limited liability company organized under this chapter. See Hawaii Revised Statutes 428-101
  • Manager: means a person, whether or not a member of a manager-managed limited liability company, who is vested with authority under section 428-301(b). See Hawaii Revised Statutes 428-101
  • Manager-managed limited liability company: means a limited liability company which is so designated in its articles of organization. See Hawaii Revised Statutes 428-101
  • Member insurer: means any insurer licensed or who holds a certificate of authority to transact in this State any kind of insurance for which coverage is provided under section 431:16‑203, and includes any insurer whose license or certificate of authority in this State may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include:

         (1)  A nonprofit hospital or medical service organization;

         (2)  A health maintenance organization;

         (3)  A fraternal benefit society;

         (4)  A mandatory state pooling plan;

         (5)  A mutual assessment company or any entity that operates on an assessment basis;

         (6)  An insurance exchange;

         (7)  An organization that has a certificate or license limited to the issuance of charitable gift annuities; or

         (8)  Any entity similar to any of the above. See Hawaii Revised Statutes 431:16-205

  • Member-managed limited liability company: means a limited liability company other than a manager-managed company. See Hawaii Revised Statutes 428-101
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 54-15
  • Nonparty participant: means a person, other than a party and the party's collaborative lawyer, that participates in a collaborative law process. See Hawaii Revised Statutes 428-108
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 54-16
  • Operating agreement: means the agreement under section 428-103 concerning the relations among the members, managers, and limited liability company. See Hawaii Revised Statutes 428-101
  • Party: means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Hawaii Revised Statutes 428-108
  • Person: means any individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization. See Hawaii Revised Statutes 431:16-205
  • Person: includes any individual or entity. See Hawaii Revised Statutes 428-101
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 428-108
  • Premiums: means amounts and considerations received on covered policies or contracts less premiums, considerations and deposits returned thereon, and less dividends and experience credits thereon. See Hawaii Revised Statutes 431:16-205
  • Principal office: means the office, whether or not in this State, where the principal executive office of a domestic or foreign limited liability company is located. See Hawaii Revised Statutes 428-101
  • Proceeding: means :

         (1)  A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or

         (2)  A legislative hearing or similar process. See Hawaii Revised Statutes 428-108

  • Prospective party: means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement. See Hawaii Revised Statutes 428-108
  • Receivership court: means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the insurer. See Hawaii Revised Statutes 431:16-205
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 428-101
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 428-108
  • Related to a collaborative matter: means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter. See Hawaii Revised Statutes 428-108
  • Sign: means , with present intent, to authenticate or adopt a record:

         (1)  To execute or adopt a tangible symbol; or

         (2)  To attach to or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 428-108

  • Signed: includes any symbol executed or adopted by a person with the present intention to authenticate a record. See Hawaii Revised Statutes 428-101
  • State: means a state, the District of Columbia, Puerto Rico, or a United States possession, territory, or protectorate. See Hawaii Revised Statutes 431:16-205
  • State highway improvements: means capital improvements to the physical infrastructure of state highways. See Hawaii Revised Statutes 431:16-211
  • Transfer: includes an assignment, conveyance, deed, bill of  sale, lease, mortgage, security interest, encumbrance, and gift. See Hawaii Revised Statutes 428-101
  • Tribunal: means :

         (1)  A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or

         (2)  A legislative body conducting a hearing or similar process. See Hawaii Revised Statutes 428-108