Haw. Code R. § 18-247-6 - Certificate of conveyance required
(a) Except as
otherwise provided in these rules, at least one person made a party, with the
exception of governmental bodies, agencies, or officers, to a document subject
to the provisions of § 18-247-1 herein, or his duly authorized representative
shall file with the director of the office of the registrar of conveyances a
certificate of conveyance numbered and designated as Form P-64A, "Conveyance
Tax Certificate" declaring the actual and full consideration of the property
transferred, and any other information as the director shall require. When a
single document conveys more than one lot or parcel, the certificate shall list
a separate declaration of the actual and full consideration for each lot or
parcel subject to waiver by the director, or his designee, prior to the
imprinting of the conveyance tax seal. The certificate shall be appended to the
document and shall be filed with the director at the office of the registrar of
conveyances.
(b) No certificate is
required to be filed for any document executed prior to January 1, 1967, and
for any document to secure a debt or obligation or release of such security
thereof. A certificate of exemption shall be filed with the director as
aforesaid and as required herein within ninety days after the transaction, and,
in any event, prior to the recordation or filing of the document with the
registrar of conveyances or the assistant registrar of the Land Court for the
following situations:
(1) In the case of any
document described in section
247-3(3),
HRS, and § 18-247-3(c), at least one person made a party to such document shall
file a certificate declaring that the document merely conforms or corrects a
document previously recorded or filed.
(2) In the case of any document described in
section
247-3(4),
HRS, and § 18-247-3(d), at least one person made a party to such document shall
file a certificate declaring the amount of the nominal consideration paid and
the marital or parental relationship of parties.
(3) In the case of any document described in
section
247-3(5),
HRS, and § 18-247-3(e), at least one person made a party to such document shall
file a certificate declaring the reasons why the consideration is $100.00 or
less.
(4) In the case of any
document described in section
247-3(6),
HRS, and § 18-247-3(f), at least one person made a party to such a document
shall file a certificate declaring that the document is made pursuant to an
agreement of sale, and where applicable, assignment of agreement of
sale.
(5) In the case of any
document described in section
247-3(8),
HRS, and § 18-247-3(h), at least one person made a party to the tax sale as
grantee, assignee, or transferee shall file a certificate declaring the full
and actual consideration of the property transferred.
(c) In order to comply with the provisions of
§ 18-247-6, at least one person made a party to a document subject thereto or
his duly authorized representative, shall make a declaration of all pertinent
information with respect to the property transferred by completing and signing
the form, numbered and designated as Form P-64B, "Exemption from Conveyance
Tax" and filing the same with the director, as aforesaid.
(d) Notwithstanding the foregoing, where the
director deems it impracticable to require the filing of a certificate or to
obtain the signature of any or all parties to a certificate required under this
section, he may, in his discretion, waive the requirement of filing the
certificate or of securing the signature of any party to the
certificate.
(e) No document, for
which a certificate is required to be filed with the director under this
section, shall be accepted for recordation or filing with the registrar of
conveyances or the assistant registrar of the Land Court, unless such
certificate has been duly filed. If the document is exempt from the conveyance
tax, such an imprint shall be so affixed stating the exemption, the receipt of
the required certificate and the date of filing. If the exempt document is
additionally exempt from the filing of a certificate, this fact shall be so
imprinted.
(f) Confidentiality of
the certificate. Except as provided by law, it shall be unlawful for any
officer or employee of the State to make known intentionally information
imparted by the certificate filed or to wilfully permit any such certificate or
any copy thereof to be seen or examined by any person other than the person
executing such certificate or his duly authorized agents, or any person duly
authorized by the State in connection with their official duties. Any offense
against the foregoing provisions shall be punishable by a fine not exceeding
five hundred dollars ($500) or imprisonment not exceeding one year, or
both.
Notes
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