How to Form an LLC in Hawaii

Introduction

The process of forming an LLC in Hawaii can seem overwhelming at first. Luckily, we’ve created this guide to help you along the way. Let’s get started!

Choose a name for the LLC.

Before filing your articles of organization, you’ll need to choose a name. The name cannot be the same as an existing business name in Hawaii or too similar to an existing business in Hawaii (for example, “ABC Inc.” and “ABC International”). It also can’t be too similar to a government agency or nonprofit organization already doing business in Hawaii.

If you’re forming an LLC for your company, you might be familiar with these requirements already—but if not, it’s important to know that this is not just about avoiding confusion with other businesses; it’s also about maintaining public trust in your financial dealings. You wouldn’t want someone else using your company’s good reputation for their own gain!

Draft articles of organization.

Articles of organization is the term used to refer to a document that outlines the basic information about your LLC and how it operates. The articles of organization provides details on:

• The name of your new LLC (your legal business name)
• When your company was established
• Whether you’re going to be taxed as an S corporation or partnership, among other things

File articles of organization with the Department of Commerce and Consumer Affairs.

You’ll need to file articles of organization with the Department of Commerce and Consumer Affairs. This is a requirement in all 50 states, so don’t worry if you’re not sure how to do it on your own. To start the process, you’ll need to:

• File your articles of organization with the Department of Commerce and Consumer Affairs.
• Pay a filing fee (varies by county).
• Submit your articles of organization to the department for processing.

Once they’ve been processed, you’ll receive a certificate of registration from them allowing you to do business in Hawaii as an LLC under whatever name(s) were listed on your articles!

Appoint a registered agent.

The registered agent is the person designated by your LLC to receive legal papers, such as summonses and subpoenas. Generally, you will want to appoint a business professional (such as an attorney or financial planner) in Hawaii as your registered agent. If you don’t appoint an individual person, you can use a service like Legal Zoom or My Business Formation Services to act as your registered agent—but it’s not recommended because of the cost.

You can find a list of registered agents on the Hawaii Department of Commerce & Consumer Affairs website here: https://business.hawaii.gov/bcc/registered-agents/. Some registered agents have minimum fees ranging from $25-$50 per year; others charge based on their time spent working with your company (often hourly rates).

Publish a statement of intent to form the LLC.

The second step in forming an LLC is publishing a statement of intent to form the LLC. This document gives notice to interested parties that you are forming an LLC and must be published in a newspaper that is published in Hawaii and is circulated statewide.

The publication requirement can be satisfied by posting your statement on the Secretary of State’s website for 15 days prior to filing with the state. This will satisfy both publication requirements under Hawaii law, as well as any other state laws that require a similar publication procedure (e.g., California).

Create an operating agreement.

One of the most important documents you can create when forming an LLC is an operating agreement. This document protects the interests of all members and ensures that all parties are clear about how your business will operate. It’s typically created by a lawyer, but you can use templates online or buy one from a company like LegalZoom to make sure it meets Hawaii requirements.

A well-drafted operating agreement should include provisions regarding how members will be added or removed, how profits and losses will be distributed (if they aren’t handled equally) and methods for resolving disputes among other things. It’s also important to make sure your state will honor this document in court if need be; some states don’t recognize such agreements under certain circumstances so consult with legal counsel before signing anything!

Obtain an EIN from the Internal Revenue Service (IRS).

To register your LLC, you’ll need to obtain an Employer Identification Number (EIN) from the IRS. An EIN is a unique number assigned by the IRS to businesses and used when filing taxes.

If you want to start an LLC in Hawaii, you have to follow these steps in order.

If you want to start an LLC in Hawaii, you have to follow these steps in order.

• File a Certificate of Formation with the Department of Commerce and Consumer Affairs (DCCA)
• Obtain an Employer Identification Number (EIN) from the IRS for your business

Conclusion

If you’re ready to form an LLC in Hawaii, we can help! We offer a free consultation and can guide you through the process of forming your own business. Give us a call today at (808) 536-1155 or visit our website at www.konohawaiilaw.com