FLY SHEET; DEFINITION AND PURPOSE

A fly sheet is a single sheet of paper affixed onto the first page of a voluntary instrument covered by Rule 58 of these Rules or an involuntary instrument covered by Rule 62(a) to 62(d) of these Rules to be recorded in the bureau of conveyances or office of the assistant registrar of the land court. The fly sheet is counted as a page in the page count of the instrument, but except for the information required or permitted to be shown on the fly sheet by statute or rule the fly sheet shall not be considered a part of the instrument itself and the instrument shall control in the event of any inconsistency. Except as specifically permitted by this Rule, a fly sheet may not be used to change, correct or add to any information that is not otherwise contained in the instrument being presented for recordation. Any indorsement permitted by statute or by these rules shall be stated only on a fly sheet in conformance with this Rule. (a) Form. A fly sheet shall be 8 ½ inches by 11 inches in size with printing on only one side. The fly sheet shall conform to the format and information requirements of Hawaiʻi Revised Statutes §§ 501-108, 502-31; Haw. Admin. Rule 13-16-4; and Rules 3 and 58(7) of the Rules of the Land Court: (1) the top 3 ½ inches of space shall be reserved for recording information for the assistant registrar on the left half of that space and for the registrar of conveyances on the right half of that space; and (2) the following 1 inch of space shall be reserved for information indicating to whom the instrument should be returned. A suggested, but not required, form of a fly sheet is appended to the Appendix of Forms of these Rules as Form LD Form B. (b) Other Information Permitted to be Shown on a Fly Sheet. Provided that the instrument itself shall control in the event of any inconsistency, the following information is permitted to be shown on a fly sheet: (1) the name, address, and telephone number of the person to whom the instrument should be returned; this information shall be included within the 1 inch space described above; (2) the total number of pages of the instrument including the fly sheet; (3) if an instrument contains an abbreviation or abbreviations of an initial or initials in place of the first or middle names(s) of an individual who is a party to the instrument, the full legal name of the individual may be stated on the fly sheet by spelling out the name designated by the abbreviation or initial. No name may be added by indorsement on the fly sheet if there is no abbreviation or initial designated in the instrument, and no name may be added or changed by indorsement on the fly sheet if the abbreviation or initial contained in the instrument is incomplete or incorrect; (4) the fly sheet shall not be used to clarify or add any portion of a name of a corporation, partnership, limited liability company, or other legal entity which is a party to the instrument; (5) if no marital status is contained in the instrument for any party to the instrument, the party’s marital status may be specified for that party. A marital status that is contained in the instrument may not be changed by indorsement on the fly sheet; (6) if the instrument does not contain the state or jurisdiction of incorporation or organization of a corporation, partnership, limited liability company, or other legal entity which is a party to the instrument, it may be added by indorsement on the fly sheet if authoritative verification of the information is submitted to the Assistant Registrar by way of evidence of good standing which meets the requirements of Rule 58(2) of these Rules; (7) if the certificate number contained in the instrument is not current, then the current certificate of title number shall be stated by indorsement on the fly sheet; and (8) the current address of a grantee, assignee, or transferee. (Adopted December 21, 2016, effective January 1, 2017.)