Those wishing to register a domestic or foreign LLC will need to do so in accordance with the Uniform Limited Liability Company Act. In these statutes you will find all the laws surrounding the filing of an Articles of Organization (domestic) or Application for Certificate of Authority (foreign). Either document can be submitted online or through the mail, the filing fee of which will cost a total of $50. In addition to the filing fee and application, foreign LLCs will need to supply a certificate of good standing from their state/country of initial organization. The issuance of this document must be within 60 days of your filing with the state of Hawaii.
How to File
Step 1- All business entities in Hawaii are required to register with a name that is distinguishable from all other entities on file in the state. To ensure that this is that case with your chosen name, we recommend that you perform a Business Entity Search prior to registration. Furthermore, a Name Reservation will prevent companies from filing under your name for a period of 120 days and the cost of $8.50.
Step 2- Paper filers may continue by downloading the PDF for their entity type. Online filers will be required to navigate to the government website and submit the requisite filing information. Click on the link below that corresponds with your business type to find out the exact filing requirements.
Step 3- Once the forms have been completed and all additional certification has been attached (if necessary), you will be able to continue by paying the filing fee. Online filers will be able to accomplish this through an e-subscription to the government website or by credit card. Acceptance of payment will conclude the online filing process. Paper filers will be required to make a check payable to the Department of Commerce and Consumer Affairs for the $50 filing fee.
Step 4- Those who have printed off the PDF of the documents will be required to place all the necessary paperwork into an envelope and send it to the below address for processing.
Department of Commerce and Consumer Affairs
Business Registration Division
P.O. Box 40 – Honolulu, HI 96810
EIN– Immediately after filing with the Department of Commerce and Consumer Affairs, organizers may be required to apply for an Employer Identification Number. This number is considered the business equivalent of a Social Security Number and can be used to open bank accounts, apply for business permits, acquire company credit cards and the like. The Internal Revenue Service will require that you operate using an EIN if you are to pay withheld taxes on your employees. Click on the link at the heading of this paragraph to learn more about the application process. You can also apply directly Online or through the mail with the PDF Form SS-4.
Operating Agreement– It is recommended that LLCs, whether foreign or domestic, conduct business using a set of bylaws laid out in an operating agreement. This document will detail all rules and regulations under which the members of the company will be required to operate. Without this agreement, there will be no legal proof of the capital contributions of each member, their liability as well as their rights within the company. A free template can be found in both PDF and Microsoft Word format in our tutorial linked in the heading of this paragraph.
Renewal– To update the state with any internal changes that may have occurred to the management of your company, the location of your offices, or the registered agent, you will be required to file an annual report. This document can filed online using your account with the government website or through the app on your mobile device. The filing fee will need to be paid, which will amount to $15 for both foreign and domestic entities. If you fail to file for renewal, you will cease to be in good standing and risk dissolution.