Haw. Code R. § 16-117-25 - Client trust account

(a) Within three business days of receipt, an activity desk shall deposit all sums received from a consumer in a trust account maintained in a federally insured financial institution located in Hawaii.

(b) If the excursions or activities are paid for by means of a charge, credit or debit card, the activity desk shall submit the data to the appropriate payment processing or card issuing company within five days of the charge.

(c) The trust account required by this section shall be established and maintained for the benefit of the consumers paying money to the activity desk. The activity desk shall not in any manner encumber the amounts in trust and shall not withdraw money therefrom except:

(1) In partial or full payment for excursion or activities to the activity provider directly providing the services; or

(2) To make refunds as required by this chapter.

(d) This section shall not prevent the withdrawal from the trust account of:

(1) The amount of the sales commission, up to a maximum of fifteen per cent;

(2) Any interest earned and credited to the trust account;

(3) Refunds; or

(4) Remaining funds of a consumer once the activity provider has been paid.

(e) The activity desk shall notify the department of any change in the account number or location of the client trust account within one business day of the change.

(f) A client trust account shall not be replaced by a bond or an irrevocable letter of credit for at least one year.

Notes

Haw. Code R. § 16-117-25

[Eff 1/16/93] (Auth: §§ -2, -17, Act 231, SLH 1992) (Imp: §§ -9, -10, Act 231, SLH 1992)