Request to use a restricted term/name
Hawaii’s Code of Financial Institutions, Chapter 412, HRS, restricts the use of certain words or terms a person or entity may use. Accordingly, the Business Registration Division (BREG) will deny the registration of a company’s name, trade name or service mark if any of the restricted terms are used in registering a name, tradename or service mark.
If you desire to use a restricted term, you must first receive a letter of no objection from the Division of Financial Institutions before your filing can be reviewed by BREG. To request a letter of no objection, please make a written request to the Commissioner of Financial Institutions providing the following:
- The exact name, tradename or service mark you are requesting to register.
- If requesting a service mark, a sample of the service mark.
- The type of activities you or your organization will be conducting in this State.
- An explanation as to why the use of the name would not be prohibited under Section 412-1-104, HRS.
- If you are a licensed or chartered financial institution, provide the type of license or charter held and identify any State or Federal Regulators.
- Name, address, phone number and email address of the point of contact.
- Request may be mailed or emailed to:
Division of Financial Institutions
335 Merchant Street, room 221
Honolulu, Hawaii 96813
Note: The Division of Financial Institutions will not approve a request for use of a restricted term, if in the opinion of the Commissioner the requested name may be confusing or misleading to the public. In such cases we suggest that you consider using a fictitious or trade name (i.e. DBA) that does not contain the restricted term and may not be otherwise objectionable to the Division of Financial Institutions.
HRS §412:1-104 Names. (a) Unless authorized to engage in business as a financial institution in this State of the type indicated by the name or as otherwise approved by the commissioner, no person may use any of the terms “financial institution”, “bank”, “savings bank”, “savings and loan”, “savings association”, “financial services loan company”, “credit union”, “trust company”, “intra-Pacific bank”, “international banking corporation”, words of similar import, or translations of such words, in a manner that might suggest or tend to lead others into believing that the person is a financial institution of the character indicated by the name.
(b) No financial institution may use words designating another type of financial institution, words of similar import, or translations of these words, in a manner that suggests or tends to lead others into believing that it is that type of financial institution.
(c) No financial institution may use a name except in accordance with section 412:3-101.