Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 75 - CEMETERIES AND FUNERAL TRUSTS
Subchapter 3 - VALIDATION REQUIREMENTS
Section 16-75-22 - Exhibits

Universal Citation: HI Admin Rules 16-75-22

Current through November, 2024

(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 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.

Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.