HAR §16-75-22
HAR §16-75-22. Exhibits
Cite as Haw. Code R. § 16-75-22
(a) With every application for licensure an applicant
shall submit the following:
(1)
A current credit report covering not less than the previous five
years on the individual applicant, on each partner of a partnership,
on each officer of a corporate entity;
(2)
A current financial statement prepared and signed by a licensed
certified public accountant or public accountant on a form
prescribed by the director; and
(3)
A state tax clearance from the department of taxation.
(b)
In addition to the requirements in subsection (a) the following shall
be submitted by the applicant prior to licensure:
(1)
A statement indicating who will be the trustee for the trust fund.
If a board shall be appointed as trustee the name, address, and
principal place of employment of each board member and the
office to be held by the member shall be disclosed.
If a trust
company or bank shall be appointed as trustee the name and
75-7
address of the trust company and the name and title of the trust
officer who is to be the fiduciary agent shall be disclosed;
(2)
An executed copy of the declaration of the trust between the
applicant and the designated trustee of the trust fund and any
amendments thereto;
(3)
A copy of the sales contract forms to be used by the applicant in
the selling of pre-need services and cemetery property;
(4)
A list of the providers obligated to provide the pre-need funeral or
interment services and merchandise described in a pre-need
contract;
(5)
In the case of an applicant who is:
(A)
A corporation organized and existing under laws of the
State, a filed stamped copy of the articles of incorporation
and affidavit of officers as filed with the business
registration division of the department; or
(B)
An association organized and existing under laws of the
State, a copy of the by-laws of the association and names
of the directors and officers; and
(6)
In the case of an applicant who has:
(A)
Established a trust account with a bank or trust company,
a bond in the penal sum of $50,000 with the applicant
designated as principal; or
(B)
Appointed a board as trustee of the trust fund, a bond in the
penal sum of $50,000 with the applicant designated as
principal; a bond in the penal sum of $100,000 with the
board designated as principal; and an affidavit by the
chairman of the board attesting that no member of the
board is affiliated with the applicant who is seeking
licensure. [Eff 11/19/87; comp 1/21/92] (Auth: HRS §441-
19) (Imp: HRS §§441-21, 441-22, 441-37)
SUBCHAPTER 4
RECORDS