Individuals wishing to create a new limited liability company in Hawaii can do so through the filing of the Articles of Organization with the Department of Commerce and Consumer Affairs. This document can be downloaded in PDF or filed online using the Business Registration Division’s website. Regardless of the method you use to file, you will have to form your business in accordance with Code § 428-203 (2010) of the Hawaii State Statutes. Filers can expect to pay a filing fee of $50 and can expedite the process with an additional $25 if necessary.
We recommend that a Business Entity Search be performed prior to filing to ensure that your chosen LLC name has not already been registered by another business. Filers may also wish to use the Name Reservation function to maintain the rights to their name for 120 days before submitting their Articles of Organization.
How to File (Online)
Step 2- Next, supply the registered agent’s name and address.
Step 3- Supply the name and address of each organizer.
Step 4- Provide the period of duration (length the company shall conduct business) by selecting either At-will or entering the expiry date of the term.
Step 5- Choose whether your company is to be managed by managers or by members and provide the initial number of members. Next, enter the names and addresses of the initial managers (if applicable) and those of the initial members in section “c” (found in the following window).
Step 6- Indicate the nature of the liability for the members of the company and supply additional debts, obligations and liabilities if appropriate.
Step 7- The printed name and signature of the signatory will be needed before clicking Review and Purchase. You will then be brought to the page where you can enter your credit card information and pay the filing fee of $50 to complete the transaction.
How to File (PDF)
Step 1- Begin by downloading the Articles of Organization in PDF format here.
Step 2- Once downloaded, continue by supplying the following information:
- 1-Name of the LLC
- 2-Mailing address of principle office
- 3-Name and address of registered agent
- 4-Name and address of each organizer
- 5-Period of duration
- 6-Whether the LLC is to be manager managed or member managed as well as the number of initial members, their names and their addresses
- 7-The nature of the liabilities of each member
- Date of signing
- Printed and signed name of two (2) organizers
Step 3- Once you’ve accurately completed the form, you can proceed by paying the filing fee. Filing fees must be paid in the form of a check made out to the Department of Commerce and Consumer Affairs for $50. An additional $25 can be applied for expedited processing. Place all items in an envelope and send it to the below address to finish the paper filing process.
Department of Commerce and Consumer Affairs
Business Registration Division
P.O. Box 40 – Honolulu, HI 96810
EIN– Business owners can acquire an Employer Identification Number Online on the Internal Revenue Service website or through the mail by filing the Form SS-4 . What this does is allows businesses to open bank accounts, apply for credit cards, register for loans or conduct any other sort of financial undertaking while using the company name. It may be necessary for a managing member of the company to apply for this number as soon as possible following acceptance of registration in Hawaii. Click on the link at the heading of this paragraph for more information.
Operating Agreement– We suggest that all LLCs file what is called an operating agreement in order to successfully and lawfully document the bylaws under which the company shall operate. As this will not be legally required, it needn’t be filed with the Department of Commerce and Consumer Affairs. However, it will serve as the only legal evidence of each members expected role and responsibility. A free template of this document can be found linked in the heading of this paragraph, available in MS Word and Adobe PDF formats.
Renewal– It will be necessary for the managing member of your business to file an annual report either online or using their mobile device to inform the Business Registration Division of any changes made over the past year. The filing will cost domestic LLCs a total of $15 with an additional $25 added for an expedited processing. Renewing each year will allow for your company to maintain good standing and avoid eventual dissolution.