STATE STATUTES & CODES

HAWAII STATUTES AND CODES

CHAPTER 441 - CEMETERY AND FUNERAL TRUSTS

• §441-1 - Definitions.
• §441-2 - Certificate of dedication.
• §441-3 - Map or plat required; unique identifier.
• §441-4 - Subdivision law not applicable; approval of location and boundaries by council.
• §441-5 - Securities law not applicable to sales of cemetery property.
• §441-5.5 - Family burial plots.
• §441-6 - When dedication complete; effect of dedication.
• §441-7 - Constructive notice of dedication.
• §441-8 - Resurvey; amended map or plat.
• §441-9 - Dedicated property exempt from improvement assessment.
• §441-10 - Proration and consolidation of existing improvement district encumbrances in order to clear such encumbrances prior to dedication.
• §441-11 - Use as cemetery may not be disturbed after dedication.
• §441-12 - Mortgages and liens; consumer contracts; sales prohibited.
• §441-13 - Sale of plots after dedication; sale of encumbered plots prohibited unless encumbrance subordinate to dedication.
• §441-14 - Dedication to cemetery purposes does not violate laws against perpetuities.
• §441-15 - Removal of dedication.
• §441-16 - Hearing.
• §441-17 - Existing cemeteries deemed dedicated; extension of existing cemeteries.
• §441-18 - REPEALED.
• §441-19 - Powers and duties of director.
• §441-19.5 - REPEALED.
• §441-20 - License required to act as cemetery or pre-need funeral authority.
• §441-20.5 - Audit of records of cemetery or pre-need funeral authority.
• §441-20.6 - Retaining consultants.
• §441-21 - No cemetery or pre-need funeral authority license issued when.
• §441-22 - Bond.
• §441-22.1 - Exemption.
• §441-22.2 - Pre-need trusts required.
• §441-22.5 - Mortuary, cemetery, or pre-need funeral authority; disclosure requirements.
• §441-22.6 - Mortuary, cemetery, or pre-need funeral authority: price list to be furnished.
• §441-22.7 - Further additional charges or fees for perpetual care prohibited; unfair or deceptive act or practice; penalty.
• §441-22.8 - Cancellation; default and termination; refund.
• §441-23 - Fine, revocation, suspension, and renewal of authority licenses.
• §441-24 - Inspection of cemetery or pre-need funeral authority books.
• §441-24.5 - Pre-need trusts and perpetual care funds; audited financial statements.
• §441-24.6 - Pre-need trusts and perpetual care funds; actuarial studies.
• §441-24.7 - Actuarial study, audited financial statement, trust agreement; available for review.
• §441-25 - License not required to act as cemetery or pre-need funeral salesperson.
• §441-26 to 28 - REPEALED.
• §441-29 - Application for license; fees.
• §441-30 - Form of licenses.
• §441-30.5 - Transfer of license.
• §441-31 - Fees; biennial renewals.
• §441-32 - Delivery of agreement.
• §441-32.5 - Sales contracts; filing with the director.
• §441-33 - REPEALED.
• §441-34 - REPEALED.
• §441-35 - Perpetual care fund expressly permitted.
• §441-36 - Perpetual care required.
• §441-37 - Trustee of perpetual care fund and pre-need trust.
• §441-38 - Contributions and payments to the trustee.
• §441-39 - Principal of fund or trusts; use of income, reserves.
• §441-40 - Application of principal and income; responsibility of trustee.
• §441-41 - Investment of perpetual care funds and pre-need trusts.
• §441-42 - Trustee's compensation.
• §441-43 - Inspection, regulation, and supervision of administrator.
• §441-44 - Trustee's account; enforcement by attorney general.
• §441-45 - Penalty.
• §441-46 - Surrender of license.

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