Do I need a lawyer to Form a LLC in Hawaii? |
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The short answer is no.
The state of Hawaii does not legally require a lawyer to form a
Hawaii Limited Liability Company (LLC).
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The short answer is no.
The state of Hawaii does not legally require a lawyer to form a
Hawaii Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming a Hawaii LLC.
However, if there is anything about Forming a LLC in Hawaii
that you're not sure about you should seek the advice of a competent Hawaii lawyer, a Hawaii accountant,
or a Hawaii Business advisor before you form a LLC in Hawaii.
Once you have made the decision to Form a LLC in Hawaii, a Hawaii lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new
Hawaii Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in Hawaii?
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You are not legally required to reserve a Company Name for a new Hawaii LLC before you submit your application to
Form a LLC in Hawaii.
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You are not legally required to reserve a Company Name for a new Hawaii LLC before you submit your application to Form a LLC in
Hawaii.
Whether or not you need to reserve a company name for your new Hawaii LLC depends entirely on your business situation.
The Hawaii Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Hawaii Company Name.
Click here for more information on
Hawaii Company Name Reservation
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What if the Hawaii LLC Name I want is already taken?
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If the Name you have chosen for your new Hawaii LLC is already in use by a currently active
Hawaii Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the Hawaii Department of Commerce and Consumer Affairs. "DBA" is an abbreviation for "Doing Business As."
In Hawaii a DBA Name is called a Trade Name.
We verify that the Name you have chose for your new Hawaii LLC is available before we submit
your new LLC filing to the Hawaii Department of Commerce and Consumer Affairs.
If necessary we can register a Trade Name in Hawaii for you so that you can open your new Hawaii business as quickly as possible.
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What do I have to do to Form a LLC in Hawaii?
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6 things you have to do in order to Form a LLC in Hawaii.
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6 things you have to do in order to Form a LLC in Hawaii.
1. Choose a name for your Hawaii LLC
2. Select an official address and a Registered Agent for your Hawaii LLC
3. Determine who will be Members and who will Manage your Hawaii LLC
4. Determine how you want your Hawaii LLC to be taxed
5. File Articles of Organization with the Hawaii Department of Commerce and Consumer Affairs
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your Hawaii LLC
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Your Hawaii LLC name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the Hawaii LLC name that you choose must be distinguishable from the name of any other registered Hawaii LLC or other
registered Hawaii business entity, such as a Hawaii Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Hawaii.
Your Hawaii LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Hawaii LLC name must not be a name that is likely to mislead the public.
The name of a Hawaii LLC must include the word "LLC" or
"Limited Liability Company" or an abbreviation of one of these words.
It's important to choose a good name for your Hawaii LLC because if you want to change it after you
Form a LLC in Hawaii you
will have to file amended Articles of Organization with the Hawaii Secretary of State (and pay a fee).
We will:
- Check to make sure that your Hawaii LLC name is available
- Make sure your Hawaii LLC name conforms to state of Hawaii regulations
- Reserve your Hawaii LLC name with the Hawaii Secretary of State
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2. Select an official address and a Registered Agent for your Hawaii LLC
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Every Hawaii LLC must have an address that is physically located in the state of Hawaii.
This address is "registered" with the Hawaii Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Hawaii to receive all correspondence on behalf of the Hawaii
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Hawaii LLCs hire a Registered Agent because they don't have a physical
address within the state of Hawaii or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Hawaii LLC.
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3. Determine who will be Members and who will Manage your Hawaii LLC
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The owners of a Hawaii LLC are called Members - not Partners or Shareholders.
(a Hawaii Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Hawaii LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Hawaii LLC must have at least one Member.
Members need not live in the state of Hawaii or be citizens of the United States.
Managers are responsible for the day to day operation of the Hawaii LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Hawaii LLC.
Management for your Hawaii LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
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4. Determine how you want your Hawaii LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Hawaii LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.
This decision may be made after the Hawaii LLC is created.
If a single Member Hawaii LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Hawaii LLC that does not declare a tax classification is taxed as a general partnership.
More specific federal LLC tax information can be found at the
IRS web site.
- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Hawaii LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the Hawaii Secretary of State
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A Hawaii Limited Liability Company is a type of business that is authorized by the state of Hawaii - not by the federal government.
In order to form a LLC in Hawaii you must file Articles of Organization with the Hawaii Secretary of State.
The Articles of Organization must include certain specific information about your Hawaii LLC.
If the Articles do not conform exactly to state of Hawaii requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Hawaii LLC but you will have to pay a fee to the state of
Hawaii in order to make the changes official.
- We can prepare and file your Articles of Organization with the Hawaii Secretary of State.
We've been doing it for over 10 years.
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6. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your Hawaii LLC.
All Hawaii LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
If you do not elect to have your Hawaii LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or
if you plan to have employees.
If you plan to form a Single Member Hawaii LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Hawaii LLC may be able to use his or her Social Security Number instead of applying for an FEIN.
You may request a FEIN for your Hawaii LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending
on your business circumstances.
- We can get a FEIN for your Hawaii LLC as soon as it is approved by the Hawaii Secretary of State.
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What do I have to do after I form my Hawaii LLC? |
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5 things you have to do after you Form a LLC in Hawaii.
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5 things you have to do after you Form a LLC in Hawaii.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Hawaii for your HI LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Hawaii LLC reports
5. Keep proper records of your Hawaii LLC on file
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1. Conduct an Organizational Meeting and adopt an Operating Agreement
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An Operating Agreement defines the rules by which your Hawaii LLC will operate.
It is the core document that is referred to when issues concerning your LLC need to be resolved.
Operating Agreements may include requirements for almost anything that involves the management and operation of your Hawaii LLC.
By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of
disagreement in the future.
Items commonly included in an Operating Agreement for a Hawaii LLC:
- Rights and duties of Members
- Member contributions
- Record keeping and reporting requirements
- Distribution of profits
- Allocation of losses
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- Management duties
- Meeting requirements
- Voting requirements
- Admission and termination of Members
- Dissolution procedures
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Although an Operating Agreement is not required in the state of Hawaii, if you plan to form a multiple Member Hawaii LLC
it is highly advisable to have one.
Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.
As your Hawaii LLC grows over time, you may amend your Operating Agreement as necessary.
When your Hawaii LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by
the state of Hawaii.
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2. Open a Business Bank Account in Hawaii
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It's very important that you have a separate business bank account for your Hawaii LLC.
Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account for your Hawaii Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Hawaii LLC Articles of Organization, and a resolution identifying authorized signers
if those names are not listed in the Articles.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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Note that forming a Hawaii LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A Hawaii LLC merely creates an ownership structure that limits the owner's personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your Hawaii LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Hawaii LLC vary depending on your business activities
and the specific locations within the state of Hawaii in which you want to conduct business.
If your Hawaii LLC will be selling products in Hawaii you may be required to obtain a Reseller's Permit from the appropriate
Hawaii state agency.
If your Hawaii LLC will be selling products in Hawaii you will also be responsible for all applicable local and state of Hawaii
sales taxes if there are any.
- We can research and prepare the necessary forms for your required business licenses and permits and include them in your Hawaii LLC package.
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4. File the required Hawaii LLC reports
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Each Hawaii LLC must file a with the Hawaii Secretary of State.
The Hawaii includes basic information about your Hawaii LLC.
Failure to submit a properly completed Hawaii to the Hawaii Secretary of State on or before the
due date may subject the Hawaii LLC to being administratively dissolved in the state of Hawaii or having its authority to
transact business in the state of Hawaii revoked by the Hawaii Secretary of State.
Penalties may accrue if you fail to file any Hawaii LLC to the Hawaii Secretary of State
by the due date.
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5. Keep proper records of your Hawaii LLC on file
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Keep the following records on file and available at the principal business office of your Hawaii LLC:
- Names and addresses of all Members and Managers of the Hawaii LLC
- Articles of Organization for the Hawaii LLC and any Amendments to them
- Copies of all tax returns and reports for the Hawaii LLC for the last 3 years
- If the Hawaii LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
- Copies of any LLC Resolutions which have been adopted by the Hawaii LLC
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What information do I need in order to Form a LLC in Hawaii? |
In order to Form a LLC in Hawaii you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Hawaii LLC's Registered Agent.
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In order to Form a LLC in Hawaii you'll need the following information about your new Company:
- The name of your new Hawaii LLC along with your second choice of a name in case the name that you want is not available
- Physical addess of the LLC office in Hawaii (not a PO Box)
- Name and address of your Hawaii Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Hawaii LLC
- Who is going to manage the day to day operation of your Hawaii LLC
- Names and addresses of each Manager of your Hawaii LLC
- Names and addresses of each Memeber of your Hawaii LLC
- When your Hawaii LLC will start and when it will cease to exist (normally the LLC starts on the date the application is filed and will exist perpetually)
Remember - ALL the information that you provide when you Form a LLC in Hawaii becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in Hawaii.
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How long does it take to Form a LLC in Hawaii? |
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Processing times for new Hawaii LLC applications vary depending on the work load of the
Department of Commerce and Consumer Affairs's staff.
We've found that normal processing of new Hawaii Articles of Organization takes the state around 7 business days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your Hawaii LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE HAWAII DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Hawaii Department of Commerce and Consumer Affairs.
In our experience 7 business days is the time it usually takes the Hawaii Department of Commerce and Consumer Affairs to process
a new Hawaii LLC application.
We get your Hawaii LLC application to the HI Department of Commerce and Consumer Affairs ASAP. Once it is at the state we have no control over the new Hawaii LLC application process.
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Are there any Expedited Processing Options for new HI LLC Filings?
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For an additional $50 the Hawaii Department of Commerce and Consumer Affairs will process your application to form a new Hawaii LLC within 3 business days.
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How much does it cost to Form a LLC in Hawaii? |
The state of Hawaii charges $60.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the HI Department of Commerce and Consumer Affairs.
If you choose All Business Documemnts to help you form your LLC in Hawaii, our processing fees are $125.00.
We start processing your new Hawaii LLC order as soon as we get it.
Total cost includes:
- Name Check and Reservation
- Prepare Articles of Organization
- File Articles of Organization with the Hawaii Department of Commerce and Consumer Affairs
- Certified Copies of Articles
- Hawaii LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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Hawaii Foreign LLC Qualification |
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You want to do business in the state of Hawaii but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Hawaii you must register with the Hawaii Secretary of State as
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You want to do business in the state of Hawaii but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Hawaii you must register with the Hawaii Secretary of State as
a Hawaii Foreign LLC.
The process of registering as a Foreign LLC in the state of Hawaii is called Hawaii LLC Foreign Qualification.
The process of Hawaii LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Hawaii.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Hawaii Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Hawaii Foreign LLC.
Click here for specific requirements for
Hawaii LLC Foreign Qualification.
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