Articles of Organization Hawaii: Everything You Need to Know
Articles of Organization Hawaii are the documents that entrepreneurs must file to register their LLC business in the state of Hawaii.3 min read
Information Required for Hawaii LLC Articles of Organization
The following information must be included in Hawaii LLC Articles of Organization:
- Company name.
- Principal office address.
- Registered agent name and address.
- Organizer name and address.
- Period of duration.
- Management structure.
- Names and addresses of initial managers or members.
- Member liability.
- Organizer signature and date.
Other Requirements for Hawaii LLC Articles of Organization
Name Restrictions for Hawaii LLC
The title of a Hawaii LLC should contain any of the suffixes "Limited Liability Company," "L.L.C.," "Ltd. Liability Company," "Limited Liability Co.," "Ltd. Liability Co.," or "LLC." Also, your Hawaii LLC name must be written with the English alphabet. Furthermore, you cannot use a name that another entity is already using for its business operations. Hawaii's BREG website has a database to check name availability.
You need a Hawaii registered agent for your LLC's Articles of Organization. The registered agent must have a physical and mailing address in Hawaii and will serve as an intermediary who receives legal documents, official notifications, and service of process on your behalf. A Hawaii registered agent is required for the following reasons:
- It is a legal requirement for all Hawaii businesses.
- A registered agent ensures that all official correspondences reach your LLC on time. It can be difficult to monitor everything while trying to make your business work. If you miss essential business letters, it can mean a loss of revenue or legal sanctions against your company. A registered agent makes sure this never happens.
- Using a registered agent helps to keep your address private.
An LLL organizer is an individual who signs and files the Articles of Organization with the Hawaii BREG. The organizer can be a member of the LLC or an outsider hired to submit the documents on behalf of the company.
Hawaii LLC Period of Duration
There are two types of periods of duration for Hawaii LLCs, including operating "at will" or setting a specific expiration date for the company. LLCs that choose the "at will" period of duration will exist in perpetuity until dissolved.
If you registered as a member-managed LLC, the members of your Hawaii LLC would manage the business directly. Conversely, choosing a "manager-managed" structure requires appointing a manager or managers to oversee the company. LLC managers can be either members or nonmembers.
Submitting Hawaii LLC Articles of Organization
Hawaii LLC Articles of Organization can be submitted online or via downloadable forms. You can file online via the online portal of Hawaii Business Express (HBE). The online submission is instant, and you can print a receipt for record purposes. The submission can also be made by paper. Download the forms on Hawaii's BREG website, fill in the forms before printing or complete with black ink. Once you have completed the forms, submit by email, fax, mail, or in person.
Cost of Submission
Hawaii charges a minimum of $50 for filing Articles of Organization, but you have to pay an additional $25 for expedited processing. Businesses also have to pay a $1 State Archives fee and $0.25 per page for each copy of the document. Standard applications take up to 3-5 office days, while expedited processing takes 1-3 office days.
Steps to Fill Out the Articles of Organization
To fill out your Articles of Organization, state the exact name of the LLC in Article I, making sure the name contains the words "Limited Liability Company" or one of the other variations listed above.
- In Article II, list the mailing address for the initial principal office of the LLC, including the state, city, and zip code.
- In Article III(a), provide the name of the registered agent.
- In Article III(b), state the physical address of the registered agent.
- In Article IV, provide the name and physical address for each organizer.
- Article V is where you choose the period of duration for the business.
- Article VI provides two boxes, (a) and (b). Check box (a) to list the number of initial managers. In part (c), state the names and addresses of the initial managers if the LLC is member-managed or manager-managed.
- Article VII provides different boxes to describe the agreement of members on specific obligations and liabilities of the LLC.
- Once the forms have been filled out, one or more members of the company must sign the form.
- Next, pay a filing fee of $50 and $10 for a certified copy if required.
- The fees will be paid to the Department of Commerce and Consumer Affairs.
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