Haw. Code R. § 13-251-45 - Transfer of registration certificate and/or commercial use permit

(a) Whenever the individual owner of a catamaran transfers or assigns the individual owner's title or interest, or the title or interest passes to another owner other than by voluntary transfer, the registration certificate and/or commercial use permit of the catamaran shall expire; provided, that upon the incapacitation or death of the individual owner, the registration certificate and/or commercial use permit may be transferred to a spouse or other member of the immediate family if the individual inherits the catamaran as provided by law and no transfer fee shall apply.

(b) Registration issued to individuals.

(1) A registration certificate and/or commercial use permit issued to a sole proprietor may transfer the ownership of the vessel from personal ownership to corporate or other business ownership without terminating the right to operate under the commercial use permit or existing registration certificate;

(2) The existing commercial use permit or existing registration certificate shall be reissued in a timely manner in the name of the transferee corporation or other business entity;

(3) No valid commercial use permit or existing registration certificate issued to an owner of a commercial catamaran operating in the Waikiki ocean waters shall be denied or revoked without a prior hearing in accordance with chapter 91, Hawaii Revised Statutes;

(4) An original registration certificate holder or commercial permittee holding a regular mooring permit, upon written application and approval by the department, may retain the mooring permit, provided that within 30 days the permittee moves into the small boat harbor another vessel owned by the permittee pursuant to the provisions of section 13-231-13; and

(5) An original registration certificate holder and/or commercial use permittee may, upon written application to and approval by the department, retain the registration certificate and/or commercial use permit, provided that within 30 days the permittee resumes operation with another vessel owned by the certificate holder or permittee pursuant to the provisions of sections 13-231-13 and 13-231-61.

(c) The following rights, conditions, and restrictions apply to a registration certificate and/or commercial use permit issued to a corporation or other business entity.

(1) Notwithstanding section 13-231-13, a corporation or other business entity holding a valid registration certificate and/or commercial use permit may transfer any or all stock or interest and retain the registration certificate and/or commercial use permit and all other valid small boat harbor use permits in effect on the date of transfer, provided that the corporation or other business entity has been in continuous operation as evidenced by the submission of monthly reports of gross receipts for a minimum period of one full year and meets all requirements necessary for issuance of a registration certificate and/or commercial use permit. The department shall be notified within ten working days of:

(A) All transactions that amount to a transfer of 10 per cent or more of the stock or interest in the firm by owners of record on the effective date of the current registration certificate and/or commercial use permit;

(B) The transfer of any stock or interest which results in a change of the principal stockholder or owner; and

(C) The business transfer fee is paid on or before the date of transfer in accordance with the provisions of section 13-234-33; and

(2) A registration certificate and/or commercial use permit issued to a corporation or other business entity shall automatically expire:

(A) Upon the voluntary or involuntary dissolution of the corporation or business entity;

(B) If the catamaran operated under the registration certificate and/or commercial use permit is sold or otherwise transferred and not replaced in accordance with the provisions of section 13-231-13(b); or

(C) If the registration certificate holder and/or commercial use permittee fails to operate the catamaran for which the registration certificate and/or commercial use permit is issued for a period in excess of sixty days, except as provided in section 13-231-61(a) (2), and except when the registration holder and/or commercial use permittee provides advance notification to the department in writing that operations will be temporarily suspended for a specific period not to exceed four months.

Notes

Haw. Code R. § 13-251-45

[Eff 2/24/94; am and comp SEP 25 2014] (Auth: HRS §§ 200-2, 200-4, 200-9, 200-10, 200-22, 200-24) (Imp: HRS §§ 200-2, 200-4, 200-9, 200-10, 200-22, 200-24)