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Hawaii Registered Agent: LLC Options & Requirements

Hawaii Registered AgentForming an LLC in Hawaii is a big decision. Before filing the Articles of Organization, you will need to choose a registered agent. In this article, we’re going to walk through what the role of a registered agent is and what your options are as a business owner.

 

What is a Hawaii Registered Agent & is it Necessary?

Yes, a registered agent is legally required. A registered agent is an individual or service that acts as a go-between with the LLC and the state of Hawaii.

In short, the registered agent assumes statutory responsibilities. They must agree to receive and deliver any official communications such as tax or legal documents from the state of Hawaii to the LLC. Furthermore, the registered agent must be consistently available to carry out this responsibility without interruption.

Here’s what the Hawaii Department of Commerce and Consumer Affairs specifically says:

Hawaii Department of Commerce and Consumer Affairs

If an LLC does not assign or maintain a resident agent, the LLC risks losing good standing with the state.

 

What are the Requirements of a Registered Agent?

Aside from carrying out the statutory responsibilities defined above, a registered agent must meet the following requirements:

  • The agent must be an individual resident of the state of Hawaii or a corporation authorized for business in Hawaii.
  • The agent must have a physical address in Hawaii.
  • The agent must have a mailing address in Hawaii.
  • You can act as a registered agent for your own LLC in Hawaii.

For reference, here is a screenshot of what information is required on the Hawaii Articles of Organization:

Hawaii Articles of Organization

 

Who can be a Registered Agent in Hawaii?

The Alaska registered agent can be either an individual or a professional service. Here are the pros and cons of each option.

Individual

As mentioned above, if using an individual as your registered agent, the individual must be a resident of Hawaii.

This means that the individual cannot be in the process of establishing residency in another state, territory, or country or receiving benefits while claiming residency in another state, territory, or country.

Otherwise, the individual can be an attorney, accountant, or even a friend or family member. Simply add the person’s name and address to the Articles of Organization.

Pros

  • Convenience – Using someone you know saves the time of searching for a registered agent service. The individual is probably also someone that you trust.
  • Cost – The cost will likely be much lower than using a service, perhaps even free.

Cons

  • Inconvenience – The individual who acts as registered agent is required to be available without interruption. She/he may not put a hold on mail. This might make vacations a bit tricky.
  • Risk that documents are not delivered in timely manner – If using an attorney, for example, you may be risking that she/he is away from the office at the time of delivery. This leaves open the possibility that the document is put in other hands, possibly slowing the process. If using a friend or family member, you run the risk of having documents misplaced or even ignored. Personal and work lives often have many distractions. For example, if quarrelling with Aunt Louise over a late or missing tax document worries you, a registered agent service may be a better option.

 

Registered Agent Service

If a service is acting as registered agent, it must be a business, professional, or non-profit corporation. It cannot be an LLC, LLP or LP. Registered agent services provide this type of assistance. The service’s name and address must be included on the Articles of Organization.

Pros

  • Privacy – If documents regarding a sensitive issue such as a lawsuit are being delivered, the service provides a cushion of privacy between your business and the public. In addition, the address of the service, not your business (or family member or friend) is public record. This means that marketing materials or junk mail will be sent to the service, not to the LLC.
  • Reliability – The registered agent needs to be available during regular business hours – all business hours. Using a service might provide a measure of comfort knowing that important documents will not slip through the cracks (as long as you use a reputable service). After all, receiving and delivering important and time-sensitive documents is what the service is experienced doing.
  • Location – An LLC is not required to maintain a physical presence in the state of Alaska. The LLC may also do business in various states. Many services have you covered by providing that presence in multiple or even 50 states.

Cons

  • Cost – Using a service is going to cost you more than using an individual. Still, having the peace of mind that important documents are being handled by a professional service may be worth it.
  • Unfamiliarity – Using an individual usually means using someone you know and trust. With an unknown entity there is always a risk of unsatisfactory service. Of course, this is what reviews are for!

Finding a registered agent that is the right fit for your LLC may be one of many tasks when setting up your LLC, but one that is essential to running your business efficiently.

 

How to get a Free Registered Agent

The most cost effective way to get a free registered agent in Hawaii is to use a professional LLC service that also offers a free registered agent service.

How it Works

Simply hire a service like IncFile and Northwest Registered Agent to form a Hawaii LLC. As part of their package, they’ll include a free registered agent service and list their address on the Articles of Organization instead of yours.

All you pay for is the $51 Alaska state LLC formation fee + $49 or $79 service fee.

This will remove all registered agent responsibilities off your plate, take care of LLC formation paperwork and provide you with an online dashboard to keep track of things that come up in regard to your LLC in Hawaii.

 

How to Change Your Hawaii Registered Agent

If you need to change your current registered agent in Hawaii, you’ll need to file a Form X-7: “Statement of Change of Registered Agent by Entity” with the DCCA. This form is available in paper or online.

If you’re thinking “it might be nice to do this without leaving my desk,” then you’ll want the online route. The DCCA’s Hawai‘i Business Express site allows you to file numerous forms electronically. On the right side of the page, select “Use QuickFile.” From there, you can create an account and file your X-7.

But if you prefer trusty postal mail, that’s an option too. Complete your Form X-7 by using the fillable electronic form or by printing it and filling it out with black ink (the form’s second page has instructions for its completion). Then, mail it to:

Department of Commerce and Consumer Affairs

Business Registration Division

P.O. Box 40

Honolulu, Hawaii 96810

Or, if you’re local to Honolulu, you can hand deliver your form to:

335 Merchant Street

Honolulu, Hawaii 96810

You also have the option to fax your form to (808) 586-2733.

No matter how you submit it, you’ll need to include a $25 fee, payable by check (made out to “Department of Commerce and Consumer Affairs”) or credit card (for online filers). DCCA processing typically takes five business days, but you can pay an additional $25 for 1-3 day expedited processing.

In some states, LLCs can change their registered agent by amending their Articles of Organization or annual report, but not in Hawaii. You must file an electronic or paper Form X-7.

If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.

Submit your form? Pay your fee? Then you’re all set! You should see your new registered agent on record soon.

 

Have Questions or Concerns?

If you’d like to talk to the state directly about your questions or concerns, it’s easy!

Visit Their Website

Visit the Hawaii Department of Commerce and Consumer Affairs for more information about registered agents in the state of Alaska.

Give Them a Call

If you’d prefer to call, reach out to their Hononlulu office at (808) 586-2744.