On this page, you’ll learn about the following:
Hawaii Registered Agent Requirements
There are certain requirements to fill the role of a Hawaii registered agent:
- The nominee must be more than 18 years old.
- The individual must have a legal, physical address in the state where the LLC will operate.
- The individual must be physically present during normal working hours.
How to Choose a Registered Agent?
When you file your Certification of Formation in Hawaii, you must nominate a registered agent. You can either appoint an in-house registered agent (yourself or any LLC member) or outsource a Hawaii registered agent service.
You can elect your registered agent online through the Hawaii Secretary of State website.
Hiring an Inhouse Registered Agent
When hiring an in-house registered agent, make sure the individual is over 18 of age and lives in Hawaii.
Can I be my own registered agent?
Yes, you can be your own registered agent. So long as you meet the basic requirements for a registered agent, then you can take on this role for your LLC.
Outsourcing a Registered Agent
You may, instead, get professional registered agent services. Doing so ensures that you will have the best individual to represent your business. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries.
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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. You will enjoy peace of mind and focus only on running your business, as the ‘professionals’ take care of all legal matters.
What to Consider when Choosing a 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 service typically costs between $50 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 that are received.
- 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.
- 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.
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.
- Antitrust Laws: 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, 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 deterring predatory lenders by prohibiting usury and restricting 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 fraudulently deprive people of their money, and as such, are illegal. Common examples of pyramid schemes are mail fraud, wire fraud, 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
Once your LLC has been formed and operated for a period of time, you might want to remove your registered agent. Your registered agent may have moved out of state, left your company, or no longer wants to be the registered agent. It could be because your address is no longer a reliable one. Regardless of the reason, removing your registered office can be a quick and easy process. Here’s how to go about it.
You can remove your registered agent in Hawaii anytime. To do this, you need to file a Statement of Change of Registered Agency by Entity form with the state. On the form, you should specify the type of entity you have. Typically, this is a corporation, but you can also file an LLC or a sole proprietorship. Be sure to include all relevant information, including the name of the registered agent. The filing fee is $25.
If you want to change the registered agent for your LLC in Hawaii, you must amend the Articles of Organization or annual report of the LLC. Changing the registered agent is easy in Hawaii, but it is important to follow the correct procedures. You should also file a Statement of Change of Registered Agent by Entity form to replace the current one. It is important to note that the name and address of your new agent should be the same. Using a service to file the form can save you a lot of time and stress.
All corporations and limited liability companies doing business in Hawaii are required by state law to appoint a Hawaii registered agent. Hawaii registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.
A registered agent is simply a person or entity appointed to accept service of process and official mail on your company’s behalf who lives in the state of service and is over 18.
If you intend to be your own registered agent, you may be forced to use your home address (especially if you run a home-based or web-based business), making the address public.