Changing Your Business Name in Hawaii | A Step-by-Step Guide

Change Hawaii Business Name

In Hawaii, change is inevitable in today’s dynamic business environment. One such change that a business may undergo is a change in its name. A business owner might change their name for numerous reasons, even when starting an LLC in Hawaii. Whatever the reason, changing a business name in Hawaii can be a complicated process. Still, it’s essential to do it right to avoid potential legal issues and ensure a smooth transition. This comprehensive guide will walk you through the steps to successfully Change a Business Name in Hawaii.

Webinarcare Editorial Team will help you change your business name when necessary. You must be guided by all the factors gathered in this article.

Before Changing Your Business Name in Hawaii

Before you embark on the process of changing your business name, there are several considerations to keep in mind:

  • Research: Ensure that your new business name in Hawaii is unique and not already in use by another company in Hawaii. To avoid potential trademark infringement, you can conduct a preliminary search using the United States Patent and Trademark Office (USPTO) database.
  • Notify Stakeholders: Inform your employees, customers, suppliers, and other stakeholders about the upcoming name change to avoid confusion and ensure a smooth transition.
  • Update Marketing Materials: Revise your marketing materials, such as your website, business cards, signage, and social media profiles, to reflect the new Hawaii business name.
  • Consider the Impact on Existing Contracts and Agreements: Review your existing contracts and agreements to determine if they will be affected by the name change. You may need to renegotiate these contracts or obtain new ones under the new Hawaii business name.

You should also amend the Hawaii Articles of Organization and the operating agreement once you have changed your business name. The information should be up to date so your Hawaii business won’t have any legal problems in the future. Check out the Best Trademark Services in Hawaii to know whether your desired business name is available.

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How to Change a Business Name in Hawaii

Depending on the kind of business entity you have, several processes may be involved in changing your business name in the Hawaii. Here is a detailed explanation of each business structure:

Changing your company name in Hawaii is relatively easy. Before we go into the steps, you should know that some rules must be followed when naming a business in Hawaii. The name conventions may change depending on the type of corporate structure. The business must adhere to the following rules while changing the company name:

  • It should be possible to utilize the name.
  • Any other businesses do not use the name.
  • If the new entity is a limited liability company, the name must include “LLC.
  • The name should be distinct from any governmental agency or institution, including banks and treasuries.

If you decide to start an LLC, read about the Hawaii Business Name Search to check if your desired business name is available. Let’s now examine the procedures for changing the company name:

It is suggested that you speak with a legal professional before you begin changing your business name. They’ll understand what’s best for you and your company. To have an easy process for naming your LLC, you can alwasy hire the Best LLC Services for your business.

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Step 1: Choose a New Name For Your Business

You must decide on a new name before officially changing your business name in Hawaii. Conduct thorough research to ensure the new name is unique, memorable, and represents your company’s values and services. You should also ensure that another business in Hawaii does not already use the new name to avoid legal issues and customer confusion.

Some tips for choosing a new business name include:

  • Brainstorm a list of potential names and ask for feedback from friends, family, employees, and customers.
  • Consider the potential impact of the new name on your existing customers, partners, and vendors.
  • Research the availability of relevant domain names and social media handles to ensure a consistent online presence.

Before proceeding with the name change process, ensuring your chosen name is available in Hawaii is essential. You must conduct a name search through the Hawaii Business Express to do this.

If your desired name is already in use or too similar to an existing business name in Hawaii, you must choose another name and repeat the search process. However, 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 a DBA (doing business as) in Hawaii. 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 for up to five years, which costs $50.

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 with the Hawaii Secretary of State to keep the name. 

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Step 2: Prepare Documents to File the Articles of Amendment

After choosing a new business name in Hawaii, you must begin putting together the Articles of Amendment as soon as you are prepared with the new Hawaii business name. You must send the following information with the name change form: 

  • Current company name
  • New company name
  • Members’ (LLC) or Shareholders’ signatures (Corporation)
  • Hawaii filing fee for amendments
  • The business’s entity number, as provided by the state of Hawaii
  • Board of Directors expression of approval (for corporations)
  • Details about shares (if applicable)

When registering a new business name with the Hawaii Secretary of State, you must provide the list of information indicated above. Ensure the information you offer for the Amendment corresponds to the initial filing materials. Please do so to avoid the registration being canceled.

Step 3: File the Articles of Amendment

Once you’ve confirmed that your new business name is available, you must file the necessary paperwork with the Hawaii Secretary of State’s office to change your business name officially. This process typically involves filing an amendment to your company’s Articles of Incorporation for a corporation or Articles of Organization for an LLC, depending on your business structure.

To file the amendment, you’ll need to:

  1. Obtain the appropriate amendment form from the Hawaii Secretary of State.
  2. Fill out the form with the required information, including your current business name, new business name, and any other required details.
  3. Pay the filing fee, which may vary depending on your business structure and Hawaii regulations. In Hawaii, amendment cost is $25.00.
  4. Submit the completed form and payment to the Hawaii Secretary of State’s office, either by mail or online, depending on your Hawaii’s filing options.

Once your amendment has been processed and approved, your business name will officially be changed in Hawaii.

Things to do After Filing the Articles of Amendment

Additional considerations in filing the Articles of Amendment in Hawaii.

After changing your business name, there are a few additional steps you may need to take:

  • Update your EIN: If your business has an Employer Identification Number (EIN) from the Internal Revenue Service (IRS), you may need to notify the IRS of the name change. You can do this by writing a letter to the IRS or completing and submitting Form 8822-B.
  • Update your Business License: If your business operates with a business license, you must update the license with the new business name. You can do this by filing Hawaii business license and paying an application fee ranging from $50 – $300.
  • Notify the Hawaii Department of Labor and Workforce Development: If your business has employees, you will need to notify the Hawaii Department of Labor and Workforce Development of the name change.
  • Update your Local Tax and Business Registrations: Depending on your local jurisdiction, you may need to update your local tax and business registrations with the new business name.

Why Change Your Business Name?

There are various reasons why a  business owner might want to change their business name. These can include:

  • Rebranding: If your current Hawaii business name no longer reflects your products or services, rebranding can help revitalize your company’s image and attract new customers.
  • Expanding or Refocusing: Your business may have evolved over time, and the original name may no longer accurately represent the scope of your operations.
  • Merger or Acquisition: If your business merges with another company or is acquired, a name change might be necessary to reflect the new owner or combined services.
  • Legal Issues: If your business name infringes on a trademark or is too similar to another company’s name, you may need to change it to avoid legal disputes.
  • Improved Marketability: A new business name in Hawaii can be more memorable, easier to pronounce, or better suited to your target audience.

How Long Does Changing The Business Name Take?

The time it takes to change a business name can vary depending on factors such as the Hawaii’s processing times, the method of submission (online or by mail), and whether all necessary information and fees have been submitted correctly. Generally, once you have submitted the required paperwork and fees to the Hawaii Secretary of State, it can take a few days to several weeks for the name change to be processed and approved.

What Happens If I Don’t Update the Website or Stationery?

If you change your business name in Hawaii but do not update your website, stationery, or other marketing materials, you may face several potential issues:

  • Customer Confusion: Your customers may need clarification about the change in the business name and may not recognize that your company is the same one they have previously done business with. This confusion could lead to a loss of trust and potentially a loss of customers.
  • Inconsistency in Branding: When your business name is inconsistent across all platforms, including your website and stationery, it can negatively impact your brand image. Not updating your marketing materials may make your company appear unprofessional or disorganized, which could harm your reputation.
  • Legal Issues: Depending on Hawaii regulations, you may be legally required to update your marketing materials with your new business name. Failure to do so could result in penalties or fines. Additionally, if you use a trading name or DBA (Doing Business As) name, you may need to register that name separately with the appropriate government authority to avoid legal issues.
  • Communication Problems: Please update your website and stationery with your new Hawaii business name to avoid issues. Clients, vendors, and other partners may not recognize the new name and may not associate it with your company, leading to missed opportunities and potential misunderstandings.

To avoid these potential issues, updating your website, stationery, and all other marketing materials as soon as possible after changing your Hawaii business name is essential. This ensures that your customers know the change, maintains consistency in your branding, and helps prevent legal or communication.

If I Have a Foreign LLC, Can I Change the Name Aside from the Original Name?

Yes, if you have a foreign LLC in Hawaii (a limited liability company formed in one state but doing business in another state), you can change the name of the foreign LLC. 

FAQs

How do I change my business name in Hawaii?
You need to file a Name Change Amendment form with the Hawaii Department of Commerce and Consumer Affairs (DCCA).
Is there a fee for changing my business name in Hawaii?
Yes, there is a fee of $50 to file the Name Change Amendment form.
Can I change the name of my LLC or corporation in Hawaii?
Yes, you can change the name of your LLC or corporation by filing a Name Change Amendment form with the DCCA.
How long does it take to change my business name in Hawaii?
It typically takes around 3-4 weeks for the DCCA to process your Name Change Amendment form.
Do I need to update my business licenses and permits after changing my business name in Hawaii?
Yes, you will need to update your business licenses and permits with both state and local agencies.
What happens to my existing contracts and agreements after changing my business name in Hawaii?
You will need to review all existing contracts and agreements to determine if they need to be amended to reflect your new business name.
Can I change my business name online in Hawaii?
No, you must file a written Name Change Amendment form with the DCCA.
What if I’m not sure if I want to change my business name in Hawaii?
You may want to consider doing market research or consulting with a branding specialist to help you decide.
Can I reserve a new business name in Hawaii before I change my current name?
Yes, you can file a Name Reservation Request form with the DCCA to reserve a new name for your business.
Do I need to publish my new business name after changing it in Hawaii?
No, there is no requirement to publish your new business name after changing it in Hawaii.
What should I do if my business name has been trademarked in Hawaii?
You should consult with an attorney to determine if you need to change your business name or if you can continue using it.
Can I change my DBA name in Hawaii?
Yes, you can change your DBA name, but you will need to file a new Trade Name Registration with the DCCA.
Will changing my business name in Hawaii affect my business taxes?
No, changing your business name should not impact your business taxes.
Do I need to notify my customers and vendors after changing my business name in Hawaii?
Yes, it’s a good idea to notify your customers, vendors, and other business contacts of your new name.
Will changing my business name in Hawaii affect my EIN or Federal Tax ID number?
No, your EIN or Federal Tax ID number will remain the same after changing your business name in Hawaii.
Can I change my business name and location at the same time in Hawaii?
Yes, you can change your business name and location at the same time, but you will need to file separate forms for each change.
What if I need to change my business name due to a change in ownership in Hawaii?
You will need to file a Name Change Amendment form and provide documentation related to the change in ownership, such as a Certificate of Amendment.
Can I change my business structure and name at the same time in Hawaii?
Yes, you can change your business structure and name at the same time by filing the appropriate forms with the DCCA.
After changing my business name, do I need to notify the IRS in Hawaii?
No, you don’t need to notify the IRS separately, but make sure to include your new name when filing your tax returns going forward.
Can I change the spelling of my business name when I change it in Hawaii?
Yes, you can change the spelling or even switch to a completely different name as long as it’s available for use.
What if my business name change is denied in Hawaii?
If your business name change is denied, you can appeal the decision or try to choose a new name that meets all the requirements.
What if I want to add a DBA to my new business name in Hawaii?
You would need to file a new Trade Name Registration form to add a DBA to your new business name.
What if I want to change my business name for branding purposes but still keep the same legal name in Hawaii?
You could consider using a DBA or doing a rebrand without changing your official business name.
How often can I change my business name in Hawaii?
There is no limit to how often you can change your business name in Hawaii, as long as you follow the appropriate procedures and pay the associated fees.
Do I need to update my website and social media pages after changing my business name in Hawaii?
Yes, you will need to update your website and social media pages to reflect your new business name.
Does the DCCA provide sample forms for changing my business name in Hawaii?
Yes, the DCCA website has sample forms and instructions available for downloading and filling out.
What if I need to change my business name due to a legal name change in Hawaii?
You will need to provide legal documentation (such as a marriage certificate or court order) to the DCCA when filing your Name Change Amendment form.
Can I change my business name if I haven’t yet registered my business in Hawaii?
Yes, you can choose a different name when filing your initial Business Registration Form with the DCCA.
How do I change the name of my Hawaii business?
You need to file a Name Change Amendment with the Hawaii Department of Commerce and Consumer Affairs.
Do I need to choose a new name for my business if I want to change it in Hawaii?
Yes, your new name cannot be the same as the name of any other existing business in Hawaii.
What happens if my new business name is too similar to an existing Hawaii business name?
The Hawaii Department of Commerce and Consumer Affairs may reject your Name Change Amendment.
How much does it cost to change my business name in Hawaii?
The fee for filing a Name Change Amendment with the Hawaii Department of Commerce and Consumer Affairs is $50.
How long does it take for my new business name to be approved in Hawaii?
The approval process for a Name Change Amendment can take up to two weeks in Hawaii.
Does changing my business name in Hawaii affect my taxes?
No, changing your business name does NOT affect your tax status in Hawaii.
What else do I need to do after changing my business name in Hawaii?
You need to update your business name on all official documents, including contracts, leases, marketing materials, and licenses.
Can I change my business name and ownership structure at the same time in Hawaii?
Yes, you can file a Name Change Amendment and a Business Entity Conversion at the same time in Hawaii.
Do I need to inform my customers about my business name change in Hawaii?
Yes, you should inform your customers about your name change to avoid confusion.
What happens to my old business name after I change it in Hawaii?
Your old business name remains in the public record but it will no longer be associated with your business in Hawaii.
Do I need to register my new business name with any other agencies in Hawaii?
If your business is licensed or registered with any other agency in Hawaii, you will need to update your business name with them as well.
Will I lose any legal protections for my business when I change the name in Hawaii?
No, changing your business name will NOT affect your legal protections in Hawaii.
Can I change my business name in Hawaii even if my business is not incorporated?
Yes, you can change your business name in Hawaii even if your business is a sole proprietorship or partnership.
What is the difference between a DBA and a name change in Hawaii?
A DBA is a “doing business as” name, while a name change involves legally changing your business name in Hawaii.
Can I change my business name at any time in Hawaii?
Yes, you can change your business name at any time as long as the new name is not already in use in Hawaii.
Do I need to publish a notice of my business name change in Hawaii?
No, you do not need to publish a notice of your business name change in Hawaii.
Will my business name change affect my bank accounts in Hawaii?
Yes, you will need to update your business name on your bank accounts after changing the name in Hawaii.
Do I need to update my business name with the IRS after changing it in Hawaii?
Yes, if you have a Federal Tax ID for your business, you will need to update your business name with the IRS after changing the name in Hawaii.
Do I need to obtain a new EIN after changing my business name in Hawaii?
No, you do not need to obtain a new EIN after changing your business name in Hawaii.
Can I use a different name for my Hawaii business than the name on my legal documents?
No, you are required to use the legal name of your business on all official documents in Hawaii.
What happens if I change my Hawaii business name but don’t update my licenses and permits?
Your Hawaii licenses and permits may become invalid if you don’t update them after changing your business name.
Can I trademark my new business name in Hawaii?
Yes, you can trademark your new business name in Hawaii if it meets the necessary requirements for a trademark.
Will my business name change affect any contracts I already have in Hawaii?
No, your business name change will not affect any contracts you already have in Hawaii, although you should inform the other parties for consistency.
What should I do if I have trademarked my old business name in Hawaii?
You will need to file a new trademark registration application for your new business name in Hawaii.
What happens if I change my Hawaii business name after filing for bankruptcy?
You will need to obtain the permission of the bankruptcy court before changing your business name in Hawaii.
Do I need to update my business name on social media after changing it in Hawaii?
Yes, you should update your business name on all social media accounts to avoid confusion with your Hawaii customers.
Is changing my business name in Hawaii the same as changing my business structure?
No, changing your business name only affects your business’s name in Hawaii, while changing your business structure requires filing a different legal document.
Can I change my Hawaii business name if I lease my business space?
Yes, you can change your business name regardless of whether you own or lease your space in Hawaii.

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Conclusion

Changing your business name in Hawaii can be a strategic decision that helps your company evolve and remain competitive. By following the steps outlined in this guide and conducting thorough research, you can ensure that your business name change is completed legally and efficiently. Remember to notify all relevant stakeholders, update your marketing materials, and revise any contracts or agreements to reflect the new business name.

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