Haw. Code R. § 13-16-2 - Definitions

Current through February, 2022

As used in these rules unless context requires otherwise:

"Approved eRecording Vendor" means those vendors who have agreed to comply with the laws and rules of the state of Hawaii and warrants that any document submitted for eRecording is a true, exact, complete, and unaltered copy of the originating paper document or electronic document.

"Assistant registrar" means the registrar of the bureau of conveyances and the registrar's deputy, authorized by section 501-9, HRS, to carry out the duties of recording and registration required under chapter 501.

"Board" means the Board of Land and Natural Resources.

"Bureau" means the bureau of conveyances in the department of land and natural resources.

"Document" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Electronic" means relating to technology having electric, digital, magnetic, wireless, optical, electromagnetic, or similar properties.

"Electronic document" means a document that is stored in an electronic medium.

"Electronic signature" means an electronic sound, symbol, or process, attached to or logically associated with a document and executed or adopted by a person with the intent of affixing a signature on the document.

"eRecording" means electronic recording.

"Flysheet" or "cover sheet" means a page attached to the front of an instrument to conform the instrument to the formatting and content requirements provided by Chapter 501 or 502 and these rules.

"Grantee" means a party that acquires interest in real property.

"Grantor" means a party that conveys or transfers interest in real property.

"HRS" means Hawaii Revised Statutes, as amended.

"Instrument" means documents and maps presented for recordation or filing or recorded or filed with the bureau or office. Instruments include but are not limited to deeds, mortgages, assignments, modifications, reconveyances, notices of liens, judgments and decrees from courts, federal and state tax liens, satisfactions and releases of liens, agreements of sale, notices of pendency of civil actions, notices of default and intentions to foreclose, condominium property regime declarations, powers of attorney, UCC financing statements, veteran's certificates, and other items as allowed by Chapter 501 and 502.

"Office" means the office of assistant registrar located at the bureau of conveyances where the duties of recording and registration and related activities authorized by section 501-9, HRS, are carried out.

"Paper document" means a document that is inscribed on a tangible medium such as paper.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

"Record," "recorded," "recordation," or "recording" means the act of entering instruments into the public records.

"Registrar" means the registrar of the bureau of conveyances appointed by the board of land and natural resources.

"Signature" means the name of a person as written by the individual, the affixing of a mark or fingerprint or toeprint, or electronic signature.

Notes

Haw. Code R. § 13-16-2
[Eff 7/25/94; am and comp APR 05 1999] (Auth: HRS chapter 502) (Imp: HRS Chapter 502) [Am and Comp 2/10/2017]

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