Application Forms

By law, all applications must be submitted in the form prescribed by the Commissioner. (see, Section 412:3-201, Hawaii Revised Statutes ("HRS"): banks, savings banks, savings and loan associations, trust companies and depository financial services loan companies; Section 412:13-202, HRS: foreign bank branch or agency; Section 412:13-216, HRS: foreign bank representative office; Section 412:10-103, HRS: credit unions; Section 16-25-8, Hawaii Administrative Rules ("HAR"): banks, savings banks, savings and loan associations, trust companies, depository financial services loan companies, nondepository financial services loan companies, and foreign bank branches, agencies or representative offices.)

The Commissioner has available certain DFI Application Forms for trust companies and nondepository financial services loan companies, as discussed below.

Generally, where there is no available DFI form, application may be made in letter form, stating in detail the nature and scope of the requested consent or approval, and all information reasonably required for the Commissioner's review and consideration of the application.

If there is a comparable form required by a federal agency such as the Federal Deposit Insurance Corporation (FDIC), Board of Governors of the Federal Reserve System (FRB), Office of Thrift Supervision (OTS), or National Credit Union Administration (NCUA), to which the applicant must submit an application, the applicant may submit to DFI a copy of the application that is filed or to be filed with the respective federal agency, supplemented by any additional information that DFI may require under State law. (see, Section 16-25-8, HAR)

More specifically, the generally acceptable application form for each type of financial institution is as follows:

For a bank, the applicant may submit a copy of the FDIC Forms that the applicant files with the Federal Deposit Insurance Corporation; plus any additional information that DFI may require under State law.

For a savings bank, the applicant may submit a copy of the OTS Forms that the applicant files with the Office of Thrift Supervision; plus any additional information that DFI may require under State law.

For a savings and loan association, the applicant may submit a copy of the OTS Forms that the applicant files with the Office of Thrift Supervision; plus any additional information that DFI may require under State law.

For a trust company, the applicant shall use DFI Form AP-Tr.

For a credit union, the applicant may submit a copy of the NCUA Forms that the applicant files with the National Credit Union Administration; plus any additional information that DFI may require under State law.

For a depository financial services loan company, the applicant may submit a copy of the FDIC Forms that the applicant files with the Federal Deposit Insurance Corporation; plus any additional information that DFI may require under State law.

For a nondepository financial services loan company, the applicant shall use DFI Form AP-Nfslc.

For a Hawaii state branch or agency of a foreign bank, the applicant shall submit the same information as required by the Board of Governors of the Federal Reserve System for an application to establish a branch or agency in the United States, and a statement under oath appointing an agent in this State for receipt of service of process in accordance with Section 415-113, HRS, if the license is granted; plus any additional information that DFI may require under State law.

For a Hawaii representative office of a foreign bank, the applicant shall submit a written application which may be in letter form, stating in detail all information reasonably required for the Commissioner to make a determination based on the factors for approval delineated in Section 412:13-217, HRS, and a statement under oath appointing an agent in this State for receipt of service of process in accordance with section 415-113, HRS, if the license is granted; plus any additional information that DFI may require under State law.

Research Aids:
Unofficial booklets containing relevant excerpts of the Hawaii Revised Statutes (HRS) and Hawaii Administrative Rules (HAR) may be ordered using the DFI Form M - Publication-by-Mail-Order Form, or are available for purchase at the DFI Office. To see a list of available booklets, go to "Available Reports and Publications".

For online access to the Hawaii Revised Statutes ("HRS"), go to www.capitol.hawaii.gov and select "Status & Documents". If you use the Search feature, then in the "Search the HRS text for" box, enter key words descriptive of the statute you wish to access. If you use the Browse feature and wish to see Chapter 412, HRS, click on "Browse", click on "Vol08", then click on "hrs412_CFI". CAUTION: Statutes amended or repealed as a result of a recent Legislative Session may not be updated as yet in the online Hawaii Revised Statutes.

For online access to Title 16 of the Hawaii Administrative Rules, go to http://www.hawaii.gov/ltgov/office/adminrules. NOTICE: The Hawaii Administrative Rules are in the process of being updated. Where there is any conflict between a statute and an administrative rule, the statute prevails.

If you need assistance in accessing state government documents online, please call the Public Access Room of the Legislative Reference Bureau at (808) 587-0478, or e-mail par@capitol.hawaii.gov.