Subsidiaries; establishment
HRS §163D-6
in effect163D-6. Subsidiaries; establishment
(a) The corporation may exercise its powers through one or more subsidiary corporations. The corporation, by resolution, may direct any of its members, officers, or employees to organize a subsidiary corporation pursuant to either chapter 414 or chapter 414D; provided that the organization of a subsidiary corporation shall not adversely affect the federal tax status of the interest on any bonds issued to finance any project or project facility. The resolution shall prescribe the purposes for which the subsidiary corporation is established. The subsidiary corporation shall remain a subsidiary of the corporation as long as more than one-half of its voting shares are owned or held by the corporation, or a majority of its directors are designated by the corporation; provided that the corporation shall not convey or otherwise dispose of any subsidiary corporation or surrender the right to designate a majority of the directors of any subsidiary corporation if the sale or surrender has an adverse affect on the federal tax status of the interest on any bonds issued to finance any project or project facility. The subsidiary corporation may be operated, maintained, and enhanced at the full discretion of the corporation or its designee.
(b) If the corporation acquires the assets of
a private or other corporation, then, notwithstanding any law to the contrary:
(1) Neither the corporation nor any subsidiary
corporation vested with the assets shall be subject to chapter 91 with respect
to the assets;
(2) Employees retained to operate the assets shall
not be subject to chapter 76;
(3) Assets constituting real property interest shall
not be subject to chapter 171;
(4) No investment, loan, or use of funds by the
corporation or a subsidiary corporation vested with the assets shall be subject
to chapter 42F or 103; and
(5) Neither the corporation nor a subsidiary
corporation vested with the assets shall constitute a public utility or be
subject to the jurisdiction of the public utilities commission under chapter
269.
(c) The corporation may transfer to any
subsidiary corporation any moneys, any real, personal, or mixed property, or
any project, in order to carry out the purposes of this chapter. Each
subsidiary corporation shall have all the powers of the corporation.
[L 1994, c
264, pt of §1; am L 1998, c 111, §6; am L 2000, c 253, §150; am L 2002, c 40,
§4; am L 2004, c 216, §18]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0163D/HRS_0163D-0006.htmFetched: 11/10/2026