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Hawaii Revised Statutes

Haw. Rev. Stat. § 478-6 (2025)

  Usury; penalty

✓ laws through the 2025 session: the 2026 session is not included
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     §478-6  Usury; penalty.  Any person who directly or indirectly receives any interest or finance charge at a rate greater than that permitted by law or who, by any method or device whatsoever, receives or arranges for the receipt of interest or finance charge at a greater rate than that permitted by law on any credit transaction shall be guilty of usury and shall be fined not more than $250, unless a greater amount is allowed by law, or imprisoned not more than one year, or both. [L 1905, c 38, §1; RL 1925, §3589; am L 1933, c 72, §1; RL 1935, §7055; am L 1937, c 222, §1; RL 1945, §8736; RL 1955, §191-6; HRS §478-6; gen ch 1985; am L 1986, c 137, pt of §1; am L 2021, c 56, §5]

 

Law Journals and Reviews

 

  The Corporate Usury Exemption Statute in Hawaii:  An Invitation to Litigation.  9 HBJ 5.

  Administering Justice or Just Administration: The Hawaii Supreme Court and the Intermediate Court of Appeals.  14 UH L. Rev. 271.

 

Case Notes

 

  This section considered with §§1-6 and 478-4 in determining whether usurious contract void as to interest.  49 H. 160, 185, 413 P.2d 221, reh'g den. 49 H. 255, 413 P.2d 221.

  Elements of usury.  62 H. 583, 618 P.2d 276.

  Attorney has a duty when drawing a promissory note to see that it is not usurious and the attorney can be held liable for damages if the attorney does not.  1 H. App. 331, 618 P.2d 1157.

  Cited:  36 H. 107, 109; 37 H. 295, 298.

 

 

Notes of Decisions
Cited in 5 cases, 1980–1988 · leading case: Silver v. George, 644 P.2d 955 (Haw. 1982).
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Silver v. George, 644 P.2d 955 (Haw. 1982). · cites it 4× “Except as otherwise permitted by law, any person who directly or indirectly receives any interest, discount, or consideration for or upon the loan or forbearance to enforce the payment of money, goods, or things in action, at a rate greater than one per cent a month or who, by…”
GWC Restaurants, Inc. v. Hawaiian Flour Mills, Inc., 691 F. Supp. 247 (D. Haw. 1988). “§ 478-6 which provides that the maximum permissable interest rate is no more than 1% per month.”
Silver v. George, 618 P.2d 1157 (Haw. App. 1980). · cites it 3× “The note interest was 20% per annum, a flat out violation of § 478-6, [2] HRS. It rendered appellant open to criminal prosecution under § 478-6, HRS.”
Silver v. George, 618 P.2d 1157 (Haw. App. 1980). · cites it 3× “The note interest was 20% per annum, a flat out violation of § 478-6, 2 HRS. It rendered appellant open to *333 criminal prosecution under § 478-6, HRS.”
THC Fin. Corp. v. Managed Inv. Corp., 643 P.2d 549 (Haw. 1982). “) § 478-6 (1976) Usury; penalty. Except as otherwise permitted by law, any person who directly or indirectly receives any interest, discount, or consideration for or upon the loan or forbearance to enforce the payment of money, goods, or things in action, at a rate greater than…”
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