How to Start an LLC in Hawaii | 2023 Guide

How to Start an LLC in Hawaii: If you’re looking to launch a business in Hawaii, starting a Limited Liability Company (LLC) may be the right choice for you. An LLC provides personal liability protection for its owners while giving them flexibility in managing and taxing the business. This guide provides a step-by-step process for starting an LLC in Hawaii. From choosing a unique name to registering with the state and obtaining necessary licenses and permits, Webinarcare Editorial Team will walk you through setting up your new business entity. So grab a pen and paper, and let’s get started!

What is a Limited Liability Company?

A Limited Liability Company (LLC) is a type of business entity that combines a corporation’s limited liability protection with a partnership’s tax benefits. LLCs are popular among small business owners for their flexibility and ease of formation. In Hawaii, an LLC must have a unique name and file Articles of Organization with the Secretary of State. Depending on their business needs, LLCs may also elect to be taxed as a corporation or an S-corp. Owners of an LLC, called members, are not personally liable for the company’s debts and losses, and the company’s profits and losses are passed through to the member’s personal tax returns. This makes an LLC an attractive option for those seeking personal liability protection and simplified taxation.

To accomplish the steps in starting an LLC, you can hire an LLC Formation Services that will help you build your desired business. We reviewed some of the best LLC formation services and provided features as an add-on with their packages for you to check out.

Steps on How to Start an LLC in Hawaii

To form an LLC for your business, you must follow the guidelines that include naming your LLC, hiring a Resident Agent, filing your Articles of Organization, creating your LLC operating agreement, getting an employer identification number, opening a bank account and getting business licenses and permits.

Step 1: Name your LLC in Hawaii

After you have decided on the idea to form an LLC in Hawaii, deciding the name for your LLC is significant. There is a complete guide on LLC name guidelines for you to have a proper LLC business name. Here are some regulations you must follow while naming your LLC,

• The name should not be confused with a government entity.
• The name should be unique.
• The name should be available to use.
• Any other business does not use the name.
• The new name must include “LLC” if it is a limited liability company.

In Hawaii, if you do not wish to file your LLC right away but want to hold the name that you have decided on, then you can reserve your LLC name for 120 days. You must file a name reservation application in Hawaii Secretary of State to keep the name. 

Recommended: We recommend a professional service that can offer you unlimited name search, trademark and copyright registration at a reasonable price. We recommend using –

LegalZoom – ($0 + State Fees for LLC Formation)

You can register your business under a different legal name if your preferred name isn’t available. Once you have chosen a name, you can submit an application for filing Hawaii DBA (doing business as). In this manner, you can choose any name you desire for your business. A DBA allows a company to operate under the name of the person or entity who owns it. If you have decided to file for a DBA, you can file it in several methods, online, fax, email, by mail, or in-person. However, before filing a DBA, you should know that you need to renew your DBA from up to five years, which costs around $50.

Step 2: Hire a Resident Agent in Hawaii

Hiring a Resident Agent in Hawaii is a must since a Resident Agent is a person or business entity responsible for receiving important legal documents on behalf of your Hawaii LLC. Most states require you to designate a Resident Agent when forming your LLC. 

The qualifications of a Resident Agent vary depending on the jurisdiction. Still, generally, a Resident Agent must meet the following criteria:

• Availability: A Resident Agent must be available during regular business hours to receive and process legal documents and official correspondence.
• Physical Address: A Resident Agent must have a physical street address within the state where the LLC is registered. This address, known as the registered office, cannot be a P.O. Box.
• Residency or Authorization: For individuals serving as Resident Agent, they must be residents of the Hawaii where the LLC was formed. A business entity acting as a Resident Agent must be authorized to do business within that state.
• Age: A Resident Agent must be at least 18 years old.
• Good standing: A Resident Agent should not have any legal or financial issues that impede their ability to fulfill their duties.

Choosing a reliable and responsible Resident Agent is essential, as failure to receive and respond to legal documents can seriously affect your business. Some businesses use professional Resident Agent services to ensure compliance and proper handling of legal matters.

However, if you would like to have an easier process in filing the necessary documents, you can get Hawaii Resident Agent Services.

Step 3: File your Articles of Organization in Hawaii

The Articles of Organization for an LLC is an important document to start your limited liability company (LLC). Hawaii Articles of Organization is a simple document that contains the business name and address as well as the name and address of the person who received lawsuits on behalf of the organization. 

Here are the guidelines and specific requirements in filing your Articles of Organization in Hawaii.

1. Obtain the Necessary Forms: Visit the Hawaii’s business filing office website, usually the Hawaii Secretary of State’s office, to download the required forms or file online. 

2. Provide the Required Information: Fill in the necessary details in the form, which typically include:

• The name of your LLC (must include an LLC designator such as “LLC,” “L.L.C.,” or “Limited Liability Company”)
• The purpose of your LLC (a general statement or specific business activities)
• The address of your LLC’s principal place of business
• The name and address of your registered agent (the person or business entity responsible for receiving legal documents on behalf of your LLC)
• The management structure of your LLC (member-managed or manager-managed)
• The duration of your LLC, if not perpetual
• The names and addresses of the LLC’s organizers or members

3. Sign and File the Form: Submit the completed form in the {state} state office, either by mail, in person, or online. You may mail it at Department of Commerce and Consumer Affairs, Business Registration Division, 335 Merchant St., P.O. Box 40, Honolulu, HI 96810.

4. Pay the Filing Fee: When you submit your Articles of Organization, you’ll need to pay a filing fee of $50. Make sure to check and include the correct payment with your submission.

5. Receive Confirmation: After your Articles of Organization have been filed and processed, you’ll receive a confirmation from Hawaii, typically a stamped and approved copy of the document or a Articles of Organization.

Recommended: Filing formation papers is easy and hassle-free if you hire a professional service. We recommend using –

LegalZoom – ($0 + State Fee)

Once you have successfully filed your Articles of Organization and it has been approved, your Hawaii LLC is officially formed. However, remember to complete additional steps, such as creating an Operating Agreement, obtaining an EIN, and registering for any required licenses and permits.

Step 4: Create Your Hawaii Operating Agreement

An operating agreement is a document that contains all of your company’s organizational details. Drafting an operating agreement in most states is not required. Yet, having one as an internal document is strongly advised. An operating agreement includes information like-

• About Business
• Members and management
• Capital contribution
• Profit Distribution
• Change of membership
• Dissolution

To understand how an operating agreement works, you should check out how to create an operating agreement in Hawaii.

Recommended: Get oprating agreement drafts ready on your table with a help of a professional service. We recommend using –

LegalZoom – ($0 + State Fee for LLC formation)

Step 5: Get an EIN

After documenting the operating agreement, you should get or request an Employer Identification Number (EIN) in Hawaii. An EIN will serve as the tax ID for your professional corporation. EIN can be obtained from the Internal Revenue Service (IRS). It is a 9-digit number similar to Social Security Number. EIN, however, is distinct from SSN. It is only used for business-related activities, particularly for submitting general taxes. The form must be completed and uploaded to the IRS website. 

The application of an EIN in Hawaii can be through the following:

• Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
• Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that the Form SS-4 contains all of the required information.
• Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
• Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

In obtaining an EIN for your LLC, you should be aware to ensure that your LLC is eligible for an EIN. You need an EIN if you have employees, operate as a corporation or partnership, or meet other specific IRS criteria. Before applying, gather the required information, including your LLC’s name, mailing address, and the responsible party’s Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN). Also, you can apply for an EIN through various methods, including online, by fax, mail, or telephone (for international applicants).

Recommended: Professional services have the EIN included in their LLC formation package. We recommend using –

LegalZoom – ($0 + State Fee for LLC formation)

Step 6: Open a Bank Account and Prepare for Taxes

After you have filed for and received your Employer Identification Number, you should open a bank account because you will use this account for yourself, your clients, and your employees.

Your business dealings in Hawaii might be simpler with a US business bank account because it boosts your company’s legitimacy and liquidity. Most banks demand an EIN to create a business bank account for firms other than sole proprietorships. Also, having an EIN makes tax preparation easier. You can anticipate paying employment and corporate taxes with Hawaii LLC.

Opening a bank account is necessary for Hawaii business. If you are still wondering where to open an account in your Hawaii, you should check the Best Bank for Small Business in Hawaii.

Step 7: Get a Business and License Permit

You must get a business license in Hawaii before establishing your LLC. A business license is a legal document granted by a state government body that permits you to conduct business within the area under its jurisdiction. The price of business licenses and permits in Hawaii ranges from $50 – $300. If there is a requirement for a specific license or city-based permit, you must inquire with the Hawaii Secretary of State.

Cost to Form an LLC in Hawaii

Even if you have a business name and structure in mind, you should consider whether you can afford the costs of forming an LLC in Hawaii. Articles of Organization costs around $50. The initial filing fee is $5, and the annual fee is $12.50. 

If you forget to pay the annual fee for your Hawaii LLC, you will have a penalty of $10. However, you can check the Hawaii LLC Cost for additional information.

Advantages of Creating Hawaii LLC

Even though some people decide on what to do with their businesses, some choose to put it in their own individual name, while others still choose to set it up via LLC in Hawaii. Important benefits will help you set up an LLC in Hawaii. 

• Pass-Through Taxation: The pass-through structure will make the company not pay twice the tax. Most start-ups and entrepreneurs in Hawaii apply for an LLC because of this structure. Pass-through taxation refers to how income and losses from an LLC (Limited Liability Company) are passed through to its members (owners) for tax purposes rather than being taxed at the business entity level. This means the LLC does not pay federal income taxes; the members’ profits and losses are allocated based on their interests. Each member then reports their share of the LLC’s income or losses on their personal tax returns and pays taxes at their individual tax rates.
• Ownership Flexibility: If you need sole and primary control over your company’s operations, a sole proprietorship will allow you to do so. If you apply for an LLC in Hawaii with flexibility, you will have default rules set by law and need an operating agreement.
• Personal Liability Protection: Personal Liability Protection protects your business from damage, debts, or legal obligations. In personal liability protection, the company’s profits and earnings will stay as is even if your company is about to be sued. This protection of having an LLC in Hawaii can also be extended to the company’s properties and assets. Many start-up companies will benefit from this since most are starting to build a company. Even if liability exists, the LLC in Hawaii will protect its assets. 

FAQs

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How Fast Can I Form an LLC in Hawaii

Forming an LLC in Hawaii requires entrepreneurs to navigate a set of administrative procedures that can generally be completed efficiently, compared to other business formations. The first step in this process is deciding on an appropriate name for the LLC, which must comply with the legal requirements and be distinctive enough to set it apart. Conducting a thorough name search to ensure availability and avoid any potential conflicts is essential, as this can significantly impact the next steps.

Following the name selection, formulating the Articles of Organization is another integral part of creating an LLC in Hawaii. These articles essentially formalize the LLC’s existence, outlining its purpose, member details, and the specifics of its operations. The filing of these articles, along with any applicable fees, should be submitted to the Hawaii Department of Commerce and Consumer Affairs (DCCA).

While the process may seem straightforward, unforeseen delays can occur. Completing all necessary paperwork accurately and providing the requested information is paramount to an expedited LLC formation. Furthermore, conducting due diligence and seeking professional advice can help entrepreneurs navigate potential obstacles and ensure a smooth process.

Another crucial factor to consider when estimating the timeline for forming an LLC in Hawaii is the processing duration of the DCCA. The time required for the DCCA to review and approve the Articles of Organization primarily depends on the workload and the level of efficiency within the organization at any given time. Seasonal fluctuations or unexpected circumstances may also impact the processing speed.

Additionally, entrepreneurs need to be aware of related legal requirements, such as obtaining permits, licenses, or any other credentials associated with their specific industry or business activity. Complying with these regulations contributes to the overall timeline and should not be neglected.

Finally, it is essential to understand that individual situations and unique circumstances can influence the time it takes to form an LLC in Hawaii. Larger organizations or those with more complex ownership structures might experience additional review processes that can lengthen the timeline. Conversely, simplicity and preparatory groundwork put in by prospective business owners can contribute to quicker execution.

In conclusion, the timeframe for forming an LLC in Hawaii can be largely influenced by various factors such as a thorough name search, the completeness and accuracy of all required documentation, the processing speed of the DCCA, and adherence to related legal requirements. Entrepreneurs eager to launch their business ventures should be prepared to invest the necessary time and effort into these processes. Ultimately, their dedication to completing all necessary steps efficiently and diligently, while anticipating potential delays, is vital in cultivating a successful and swiftly formed LLC in the majestic land of Hawaii.

Conclusion

In conclusion, starting an LLC in Hawaii is a strategic choice for entrepreneurs seeking a flexible, straightforward business structure with limited liability protection. By following the essential steps, including choosing a business name, filing Articles of Organization, appointing a Resident Agent, creating an Operating Agreement, obtaining an EIN, and securing the necessary licenses and permits, you can successfully establish your LLC. This business structure offers numerous advantages, such as pass-through taxation and ownership flexibility, making it an attractive option for small business owners looking to grow and protect their ventures. As always, consult legal and business professionals for guidance specific to your situation and state requirements.