Court-ordered indemnification
HRS §414D-163
in effect414D-163. Court-ordered indemnification
Unless limited by a corporation's articles of incorporation, a director of the corporation who is a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. On receipt of an application, the court after giving any notice the court considers necessary may order indemnification in the amount it considers proper if it determines:
(1) The director is entitled to mandatory
indemnification under section 414D‑161, in which case the court shall also
order the corporation to pay the director's reasonable expenses incurred to
obtain court-ordered indemnification; or
(2) The director is fairly and reasonably entitled to
indemnification in view of all the relevant circumstances, whether or not the
director met the standard of conduct set forth in section 414D‑160(a) or was
found liable as described in section 414D‑160(d), but if the director was found
liable indemnification is limited to reasonable expenses incurred.
[L 2001, c
105, pt of §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol08_Ch0401-0429/HRS0414D/HRS_0414D-0163.htmFetched: 11/10/2026