{"data":{"id":"us-hi/haw.-rev.-stat.-441-40","jurisdiction":"us-hi","citation":"Haw. Rev. Stat. § 441-40","heading":"Application of principal and income; responsibility of trustee.","body":"(a) The trustee shall be held responsible for all payments received for deposit in the perpetual care fund and pre-need trust. The trustee shall not withdraw money from the income of the perpetual care fund unless the cemetery authority submits a certified statement that withdrawals shall be used for the perpetual care of the cemetery, including reasonable administrative expenses incurred in connection with operating a perpetual care cemetery. Further, the trustee shall not withdraw money from the principal of the pre-need trust unless the cemetery or pre-need funeral authority submits a certified statement that the person entitled to the pre-need services or the assignee has received the services or that the purchaser has requested a refund of moneys.\n\n(b) For the purposes of asset management and safekeeping of the funds, the trustee shall have the authority to inquire into the propriety of expenditures made by a cemetery and pre-need funeral authority in connection with the operation of the authority's business.\n\n(c) The cemetery and pre-need funeral authority shall provide the trustee with the findings of the annual audit and actuarial study, which shall serve as guidelines in the management and safekeeping of the funds.","path":["HI Code","Division 2","Title 25","Chapter 441"],"source_url":"http://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0436-0474/HRS0441/HRS_0441-0040.htm","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:11Z","sha256":"ea1d4af415b3e845964ae8467d85611d49ea2dc4ea1895116c41c015a8d33f88","source_id":"us-hi","stale":false,"prev":"us-hi/haw.-rev.-stat.-441-4","next":"us-hi/haw.-rev.-stat.-441-41"},"notice":"GroundRules: Original legal text. Not legal advice."}