How To Form an LLC In Hawaii
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1. Choose a Name for Your Hawaii Limited Liability Company
Check for an Available Name for the LLC in Hawaii: As part of the preparations that you make to form an LLC in Hawaii, you must choose a unique name for your company. Search databases online and other records before you file to be sure that the name that you want to use for your LLC is available and not in use by another LLC in Hawaii. You can search the business entity database that is available online at the official website of the Hawaii Secretary of State at Hawaii LLC.
Reserve a Name for Your Hawaii LLC: You do not have to reserve a name before you file to form an LLC in Hawaii. However, if you want to reserve a name before you file you can submit a name reservation application to the Hawaii Secretary of State. You can find the application form online at Hawaii LLC. The name that you choose for your LLC will then be reserved in the state of Hawaii for 120 days. There will be a filing fee of $10.00.
Filing for Trademarks Protection and Doing an LLC Name Search: You may find in your search of databases and other records that the name that you want to use for your LLC is available in Hawaii but in use by another company in another state. There could be restrictions on your use of the name that you have chosen for your LLC. You can find information about choosing a name for your LLC at how to choose a name for your llc.
Hawaii LLC Name Requirements: In Hawaii, the name that you choose for your LLC must include the designation "LLC," “L.L.C.,” or "Limited Liability Company." Note that the term “LLC” stands for “Limited Liability Company,” not “LLC Corporation, “Limited Liability Corporation,” or anything else related to a corporation. Limited Liability Companies are different business entities than corporations.
2. Find a Registered Agent in Hawaii
As part of your preparations to form your Limited Liability Company in Hawaii, you must select a registered agent that will act as an agent for service of process and will receive all tax documents, legal notices, and other official notices for your company. There are corporate service companies that provide registered agent services to LLCs. There is generally a fee of between about $75.00 and $150.00 for these services.
3. File Articles of Organization with the Hawaii Secretary of State
Minimum Requirements for the Articles of Organization: The Articles of Organization that you file for your LLC must contain the name of your LLC, the mailing address of your main office, the name and address of your registered agent, and the name of the organizer. You also need to indicate whether the LLC will be managed by a manager of by the members of the LLC. The Articles of Organization must be signed by the organizer. You can download a form for this document online at Hawaii LLC.
Other Hawaii Legal Provisions: Consider including additional clauses besides the minimum requirements listed above when you create the Articles of Organization for your Hawaii LLC. Consult a lawyer for help including additional clauses in your Articles of Organization that are relevant and beneficial for your company.
Where to Submit the Articles of Organization for Filing: You should mail your Articles of Organization to the Department of Commerce and Consumer Affairs, Business Registration Division, P.O. Box 40, Honolulu, Hawaii 96810.
Filing Fee: The fee to file Articles of Organization in Hawaii is $50.00.
4. Form a Hawaii Limited Liability Company Agreement (Operating Agreement)
After you have formed your Hawaii LLC by filing Articles of Organization, you must create an LLC Agreement that will govern all aspects of an LLC and actions between the members of the LLC. Your LLC Agreement must be signed by each member of your LLC. In general, an LLC is operated in a less complex way than a corporation. The details of the LLC Agreement that you create for your company will depend on factors such as how many people are involved, how much money is being invested, how the money will be distributed, and whether the company will be managed by a manager or by the members of the LLC. The details of your company’s LLC Agreement will also depend on the purpose of your LLC. The LLC Agreement for an LLC that will be used to operate a retail store will probably be different than the LLC Agreement for an LLC that will be used to own and develop real estate. Consult a lawyer and an accountant for help in creating an LLC Agreement that is in compliance with all state requirements and federal tax laws.
You may need to create or file other documents after you have formed your LLC in Hawaii. You may need to make securities filings, obtain an EIN from the IRS, and obtain a business license in the locale where you will be conducting business. Some corporate services companies can make these kinds of filings for your LLC for a fee. You can find information about how to get a business license in your city through our online guide at http://www.cityapplications.com/business-licenses.html.
5. Qualify your Hawaii LLC to Do Business in Other States
You should find out what you need to do to register or qualify your LLC to do business in your home state if your main office is located outside of Hawaii. In most states, LLCs must qualify in order to do business there. You will need to pay taxes in your home state in most cases. You can find information about what you need to do to qualify your LLC to do business in another state at [Qualifying to Do Business in Other States].
6. Make Annual Filings and Pay Annual Taxes in Hawaii
The state of Hawaii will ask that you file an annual report for your LLC. You can choose to file this report by mail or online at Hawaii LLC. The filing fee is $15.00. You will also need to file a tax report and pay taxes every year once you have registered your LLC in the state of Hawaii. You can visit the official website of the Hawaii Department of Revenue at Hawaii LLC to find information about the taxes that will apply to your LLC and to download tax forms.
It can be complicated to form a Limited Liability Company, especially if there is more than one person involved. Consult an accountant and an attorney for help with this process so that you can feel more confident that an LLC is right for you and that all your paperwork is being processed correctly.
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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.
