Forming an LLC in Hawaii

Created by FindLaw's team of attorney writers and editors.

If you want to start a Hawaii LLC, there are specific steps that you need to take to make the formation of your business successful. This article discusses how to begin the process of forming an LLC in Hawaii and provides a links to forms you'll need as well as to the state laws that apply.

Forms for Hawaii LLC Formation

Creating a Hawaii LLC requires the completion and filing of formation documents. Fortunately, you can manage the process yourself by utilizing FindLaw's Hawaii LLC Formation Package.

Overview of Forming an LLC in Hawaii

Because the LLC formation requirements are based on state laws, it's important to follow the law of the state where you're registering your business. Read the chart below for an overview of forming an LLC in Hawaii.

Statutes

Hawaii Revised Statutes Division 2 Business:

Name the LLC

Hawaii law requires that the LLC names must:

  • Contain the term "Limited Liability Company" or the approved abbreviations "L.L.C." or "LLC"; and
  • Be different from the names of existing businesses that are already registered with the Hawaii Department of Commerce and Consumer Affairs Business Registration Division.

Check with the Business Registration Division Business Name Database for name conflicts.

You can reserve your chosen name by paying a fee and applying to the Business Registration Division.

Select a Registered Agent

Every Hawaii LLC must have an agent for service of process purposes if the company is sued.

The agent registered:

  • Must have a physical street address in Hawaii; and
  • May be an individual who resides in Hawaii; or
  • A domestic or foreign business entity authorized to do business in Hawaii.

File Articles of Organization

You must file the Articles of Organization (along with a filing fee) with the Department of Commerce and Consumer Affairs - Business Registration Division of Hawaii.

The filing (which includes fees) must include the following information:

  • The LLC's name and address;
  • The registered office's name and address; and
  • The LLC organizers' names and addresses.

You may file online or by regular mail.

Create an Operating Agreement

Hawaii doesn't require them, but it's recommended that you create an operating agreement.

Comply with Tax and Regulatory Requirements

Goods and Sales Tax Requirements

If your company sells goods and collects sales tax, you'll likely have to register with the Hawaii Department of Taxation.

IRS Employer Identification Number

If your LLC has more than one member, then you must apply for an Employer Identification Number (EIN).

Determine Necessary Business Licenses

You may also have to obtain local and state business licenses, depending on the type of business and the location.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Forming an LLC in Hawaii: Related Resources

Get an Attorney's Help Forming an LLC in Hawaii

If you're forming a Hawaii LLC and your needs require expertise beyond the completion of basic forms, look no further than to an experienced legal professional who can guide you through the process. Get help from a business organizations attorney in your area today.

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