Hawaii Registered Agent: If you wish to start a Hawaii LLC, you have to appoint a registered agent. According to Hawaii State Law, it is mandatory to have a Hawaii Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in Hawaii, and who can be a registered agent for your LLC. Read this guide carefully before you hire a Hawaii Registered Agent.
On this page, you’ll learn about the following:
What is a Hawaii Registered Agent
A registered agent (or a statutory agent or a resident agent) in Hawaii is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the Hawaii LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in Hawaii, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in Hawaii
You may have several options for hiring a registered agent in Hawaii. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Hawaii can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in Hawaii always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
ZenBusiness – $99 Per Year
How to Choose a Registered Agent in Hawaii
You can choose a Hawaii Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with Northwest Registered Agent, you will get the full formation package, including 1-year FREE registered agent service.
What to Consider While Choosing a Hawaii Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in Hawaii
At the time of submitting the Hawaii Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the Hawaii LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in Hawaii by mail, you need to download the Hawaii LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on Hawaii Articles of Organization.
Cost of a Hawaii Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in Hawaii.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, Northwest Registered Agent offers standalone registered agent service at $125 per year, but if you buy their LLC formation package at $39 + state fees, you will get registered agent service free for 1 year.
How to Change a Registered Agent in Hawaii
To change the Hawaii registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Hawaii Secretary of State via mail or online.
For online filing, you need to get the online form, which is available on the Hawaii Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online or email at [email protected].
File By Mail
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the Hawaii Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form must be sent to the following address,
Mail to: Department of Commerce and Consumer Affairs
Business Registration Division
P.O. Box 40
Honolulu, HI 96810
In-Person Submission: State of Hawaii
Department of Commerce and Consumer Affairs
Business Registration Division
335 Merchant Street
Honolulu, HI 96810
Fax: (808) 586-2733
How to Pay: The filing amount is payable to the Hawaii secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Why Do LLCs in Hawaii Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in Hawaii. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in Hawaii ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in Hawaii to publicly upload their address to the Hawaii Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the Hawaii SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in Hawaii or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
Hawaii Business Laws for Registered Agents to Note
Like in all other states, Hawaii also has protections for both consumers and businesses. This section
describes the business laws that may affect your LLC should you operate in Hawaii.
Hawaii’s Antitrust Law ensures companies are not conspiring to set inflated prices and prevents mergers and acquisitions so as to avoid monopolies in certain industries. Hawaii allows private citizens to sue companies for antitrust violations. Meanwhile, the state attorney general may enforce civil and criminal provisions.
Simultaneously, federal statutes such as the Sherman Act and the Clayton Act assist states in prosecuting antitrust claims. They bar any interference with the competitive pricing system and prohibit price discrimination, exclusive dealing contracts, and mergers that may lessen competition.
Deceptive Trade Practices Laws
Hawaii adopts the Uniform Deceptive Trade Practices Act, allowing an open, fair, and transparent marketplace, and prohibiting the likes of false advertising, which is considered a misdemeanor, and even tampering with a car’s odometer. The Consumer Protection Agency and private parties may sue individuals or organizations who violate this Act.
Hawaii Interest Rates Laws
The limits set by Hawaii’s interest rate laws vary per credit type involved or whether the money in question is part of a loan or legal judgment. Nevertheless, the intent remains to be helping consumers avoid crippling debt and deter predatory lenders by prohibiting usury and restricting the interest amount creditors can charge to no more than 10%.
Hawaii Pyramid and Ponzi Schemes Laws
Pyramid schemes and Ponzi schemes, or “endless chain schemes” in Hawaii, are investment frauds designed to deprive people of their money fraudulently and, as such, are illegal. Common examples of pyramid schemes are mail fraud, wire fraud, and commodities fraud, among many others. Meanwhile, multi-level marking schemes (MLMs) are legal businesses that may become pyramid schemes. Thus, take note that if a member’s compensation comes mostly from recruitment skills and not sales of goods or services, then the organization is likely to be a pyramid scheme and not an MLM.
Hawaii Wage and Hour Laws
In Hawaii, employers are mandated to pay employees at least $10.10/hour plus overtime unless the worker is guaranteed to earn at least $2,000/month. Hence, the minimum wage and maximum hour laws would not apply to anyone who works in Hawaii and is guaranteed to earn at least $2,000/month.
How to Remove a Registered Agent for LLC in Hawaii
A registered agent for LLC in Hawaii can be removed by submitting a Statement of Change of Registered Agent by Entity with the Hawaii Secretary of State with a filing amount of $25.
If you run a business in Hawaii, you might be wondering how to remove a registered agent. You have a few options. In Hawaii, you can change the registered agent at any time. To do so, you need to file a change of registered agent form and cancel the previous registered agent’s service. You will need to pay a fee to process the change.
Before filing the application, you must check to see if the name you want to use is available. You can also go to the Business Registration Division of the Hawaii Department of Commerce and Consumer Affairs to find out if the name you want is available. You can file the application online or mail it in. You must pay a reservation fee of $10.
If you need to remove a registered agent in Hawaii, you can contact the Department of Commerce and Consumer Affairs to change it. You can also change the registered agent by filing the annual report. You can do this by mail, fax, or email. If you file a hard copy, you must include an authorization form.
In Hawaii, forming an LLC can be quite easy. However, you need to take your time to fill out the necessary paperwork. One important step is to choose a unique business name. If your company uses a name that has already been used by someone else, you can confuse your customers. Check out the Hawaii Secretary of State website to check whether your chosen name is available.
If you decide to remove the registered agent for your LLC in Hawaii, you can file a Statement of Change with the state. To do this, you need to submit a form along with a $25 filing fee. This process usually takes five business days, but you can pay an additional $25 fee to expedite the process.
In Hawaii, LLCs are required to list a registered agent. The registered agent must have a physical address in Hawaii and be available during business hours. Unlike in other states, LLCs in Hawaii cannot be professional limited liability companies. As a result, they must maintain limited liability and compliance.
A registered agent is a person or company that is authorized to receive legal documents on behalf of the company. A registered agent must be physically present in Hawaii, be over 18 years old, and provide an address during business hours. You can also use a registered agent service provided by a foreign company. Just make sure to hire a reputable company.
If you want to remove a registered agent for your LLC in Hawaii, you must file a Statement of Change of Registered Agent by Entity. This form is an annual form that needs to be filed with the Hawaii Department of Commerce & Consumer Affairs (DCCA). When filing the statement of change, remember to make your check payable to the Department of Commerce and Consumer Affairs. The state may charge a fee of up to $25 for dishonored checks.
In Hawaii, you may switch to the registered agent. You must accomplish this by submitting an application form along with a $25 fee. Send the Secretary of State the RA change application form. Depending on what option is most convenient for you, you may submit it online, by mail to the Department of Commerce and Consumer Affairs, Business Registration Division, P.O. Box 40, Honolulu, HI 96810, or by fax.
You must fulfill certain conditions in order to register as an agent in Hawaii. Being legally an adult (18+) is one of the most crucial requirements. You furthermore need to be a Hawaii resident. You may register as an agent if you satisfy these requirements.
Anyone living in Hawaii who is older than 18 and is a resident is eligible to serve as a registered agent. Any individual who satisfies the qualifications, whether connected to you or not, may be designated as your Hawaii LLC’s registered agent.
You must notify the Hawaii SOS of the new address if you wish to alter the registered agent’s address. You must do this by giving the Hawaii Secretary of State the RA Change Form. Replace the old address in the form’s area for it. Depending on what option is available to you, you may submit it online, by mail to the Department of Commerce and Consumer Affairs, Business Registration Division, P.O. Box 40, Honolulu, HI 96810, or by fax. The procedure may cost money.
You may discover a company’s information by going to the website of the Hawaii Secretary of State. To find the business, use the business search tool. Check the registered agent information on the site after you’ve located it.
Any legal documents or notifications must be served on your behalf by a registered agent in Hawaii. The formal address for such correspondence is the office of the registered agent. Anyone in Hawaii who satisfies the conditions may register as an agent.
You must include the information about the registered agent you hired in Hawaii when you register your company with the Hawaii Secretary of State. The registered agent’s name, address, contact information, and appointment date must all be included. Your registered agent will be listed with the Hawaii SOS after the formation is complete.
The Hawaii SOS must be searched if you’re looking for a registered agent’s address in Hawaii. Visit the website, do a business name search, and then check for the registered agent information. The location and phone number of the registered agent in Hawaii are included in the registered agent section.
Visit the Hawaii SOS website if you want to use the registered agent’s name to locate the company name. For business information, put the name of the registered agent in the search field. Under the search results, you may look up the company there.
A registered agent in Hawaii must, among other things, be at least 18 years old and have a physical residence there. A resident of the state who meets the age minimum and is an entity may serve as the registered agent.
It is simple to find a registered agent for a company in Hawaii. You must visit the site for the Hawaii Secretary of State. A company’s name, tax ID, and registered agent’s name may all be used to locate it. To find out who the registered agent is for a corporation, do a name-based search for that company.
For a registered agent in Hawaii, the resignation procedure is straightforward. The individual must first give formal business notice of their departure (a resignation letter). Following the company’s acceptance of the notice, it must be sent by letter, fax, or online to the Hawaii SOS together with the resignation notice in order to continue.
You must go to the official website of the Hawaii Secretary of State if you wish to update the registered agent in Hawaii online. To change the registered agent in Hawaii, you must send the RA Change Form either by mail or online (if it is accessible).
You may get a registered agent for nothing in Hawaii. You won’t have to physically pay anything to yourself if you act as your own registered agent. You could save money if your partner or a friend joins an agency. Last but not least, you may use a free registered agent service in Hawaii.
In Hawaii, you must go to the Hawaii SOS if you want to look up the registered agent. You may get the information by doing a search for your company using its name. Once you have the company’s details, you may look for the registered agent’s name, address, and phone number.
The Department of Commerce and Consumer Affairs, Company Registration Division, P.O. Box 40, Honolulu, HI 96810, is where the registered agent form (a document used to create a business) should be submitted. The registered agent is not appointed using a different form. In Hawaii, a registered agent must be chosen via the formation paperwork.
You need a registered agent if you operate a company in Hawaii. However, if you don’t have one or your registered agent has resigned, you must immediately appoint a new one or act as the company’s registered agent in Hawaii.
If a registered agent passes away in Hawaii, all of their authority is lost. In Hawaii, it is required to have a registered agent. The business must thus choose or replace a new registered agent. In the meantime, a manager, an official of the business, or the owner may act as the registered agent.
The possibility of hiding a registered agent’s name is not 100% certain. because Hawaii requires that the name and address of a registered agent be published on the Hawaii Secretary of State’s website, you may prevent the public from seeing the identities of your owners and members if you operate an Anonymous LLC.
To learn more about the registered agent in Hawaii, you must phone (808) 586-2727. This is the Hawaii Secretary of State’s office number. To get to the department you’re looking for, you may need to wait and follow the caller’s instructions.
A person’s agreement to act as a registered agent in Hawaii signifies the person accepts the responsibility. In Hawaii, the newly appointed individual must provide his or her permission before beginning the process of serving.
A resident agent and a registered agent both have the same meanings in Hawaii. In each state, the name is the only thing that varies. In Hawaii, both the resident agent and the registered agent must be appointed using the same procedure.
If the registered agent in Hawaii did not agree, the business risked facing legal repercussions for making a false statement. However, the registered agent has the right to refuse any obligation that has been placed upon them.
Even without a registered agent, a business may be sued in Hawaii. Due to the absence of a registered agent’s office where the papers would normally be received, the corporation will get legal notification in a unique manner.
A designated registered agent has the option to refuse the designation. You must sign and deliver a declaration of refusal to the Hawaii SOS in Hawaii. You are free to quit your work as soon as your rejection statement is received.
Before you choose a registered agent for your Hawaii LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.