HAR §16-117-28
HAR §16-117-28. §16-117-27 Renewal of bond or irrevocable letter of credit coverage
Cite as Haw. Code R. § 16-117-28
(a)
Each activity desk providing a bond or a letter of credit with a coverage amount
of less than $100,000 shall submit a notarized annual report at least four months
before the anniversary date of the activity desk’s coverage.
(b)
Replacement bonds or letters of credit shall provide coverage as
necessary according to the average monthly net sales revenue of the preceding
twelve-month period in accordance with §16-117-26.
(c)
Any downward adjustment of coverage shall not be less than
$50,000. [Eff 1/16/93] (Auth: §§
-2,
-17, Act 231, SLH 1992) (Imp: §
-10,
Act 231, SLH 1992)
§16-117-28 Substitution and maintenance of bond, irrevocable letter of
credit, or client trust account; automatic forfeiture.
(a) An activity desk shall
maintain the client trust account or the bond, or the irrevocable letter of credit.
(b)
Substitutions for the client trust account or the bond or irrevocable
letter of credit may be made provided:
(1)
Coverage of any replacement bond or irrevocable letter of credit
for a bond is effective prior to or on the same day of the bond
which is scheduled to expire, and, further provided the replacement
bond or irrevocable letter of credit is received by the director at
least one business day before the bond expiration date;
(2)
Coverage of a bond replacing an irrevocable letter of credit is
effective prior to or on the same day the irrevocable letter of credit
is scheduled to expire, and further provided the bond is received by
the director at least one business day prior to the expiration date of
the irrevocable letter of credit;
(3)
Coverage of a letter of credit replacing a letter of credit is effective
prior to or on the same day the irrevocable letter of credit is
scheduled to expire and further provided the replacement letter of
credit is received by the director at least fifteen days prior to the
expiration date of the letter of credit; or
(4)
Evidence that a client trust account was established at least two
months prior to the expiration of the bond or the irrevocable letter
of credit is received by the director within one day of establishment
of the client trust account.
(c)
An activity desk shall not be allowed to replace a client trust
account with a bond or letter of credit for at least one year.
(d)
Registration of any activity desk which fails to have current
requisite coverage provided by a bond or irrevocable letter of credit, or any
activity desk which fails to maintain a client trust account shall be automatically
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