HAR §16-38-21
HAR §16-38-21. Limitation on issuers and offerors
Cite as Haw. Code R. § 16-38-21
(a) Nothing in this subchapter
shall relieve, or be construed as in any way relieving, issuers or persons acting on their
§16-38-21
38-42
behalf from providing disclosure to prospective investors adequate to satisfy the
anti-fraud provisions of chapter 485, HRS.
(b)
In view of the objective of this subchapter and the purpose and policies
underlying chapter 485, HRS, these exemptions are not available to any issuer or
persons acting on their behalf with respect to any transaction which, although in
technical compliance with this subchapter, is part of a plan or scheme to evade
registration or the conditions or limitations explicitly stated in this subchapter.
(c)
Nothing in this subchapter is intended to exempt registered dealers,
issuers, or agents from the due diligence standards otherwise applicable to registered
persons.
(d)
Nothing in this subchapter is intended to exempt any person from the
dealer, issuer, or agent requirements of chapter 485, HRS. [Eff and comp 10/12/85; am
and comp 4/14/03] (Auth: HRS §485-2) (Imp: HRS §§485-2, 485-6)