Hawaii Registered Agent: LLC Guide

What is a Hawaii Registered Agent?

A Hawaii Registered Agent is an individual or business that consents to receive legal correspondence and official notices on behalf of your Hawaii LLC.

If your LLC is sued, legal papers, often called Service of Process, are mailed to your Registered Agent. Additionally, the state may forward notices and reminders to your LLC through the Registered Agent.

A Hawaii Registered Agent must be available during standard business hours (9 am to 5 pm), Monday through Friday.

Your LLC's Registered Agent in Hawaii must have a real street address in the state. PO Box addresses aren't allowed.

Is a Registered Agent Required in Hawaii?

Yes, Hawaii mandates that all business entities designate a Registered Agent when filing their LLC formation documents. Additionally, a Registered Agent must be maintained with the state for the duration of the LLC's existence.

Why is a Registered Agent Required in Hawaii?

If your company is sued, a Registered Agent will take legal documents and ensure that your LLC has confirmation of receipt.

Because of this, all businesses including corporations and LLCs are required to have a Registered Agent on file with the state.

Alternatively, the Registered Agent of your LLC is an important player in the legal proceedings. For each LLC, Hawaii guarantees the appropriate delivery and tracking of court documents by maintaining a Registered Agent on file.

Who can be my Registered Agent in Hawaii?

You have three options for choosing your Hawaii Registered Agent:

1. You
2. A friend or family member.
3. A Registered Agent Service in Hawaii

Opting to be your Registered Agent might save you money, but it does come with some risks.

What are the risks?

If you choose to be your own Hawaii Registered Agent, you may face several risks, including:

• Overlooking important state notices
• Facing administrative dissolution
• Missing Service of Process, which could lead to legal problems

These issues are more likely if you:

• Move without updating your address with the state
• Travel or are away for long periods
• Lack of dependable physical address
• Fail to monitor your mail consistently

We’ll go over these risks in more detail below.

Missing an important notice from the state

The Business Registration Division of Hawaii or other state agencies must promptly send essential notices to your business.

These notices often include actions your LLC needs to take by certain deadlines. If you miss these deadlines, you could face penalties and extra fees.

Administrative Dissolution

If you're acting as your LLC's Registered Agent and move without updating your address with the state, your LLC could be dissolved by the Hawaii Business Registration Division.

The state doesn't check on your LLC daily, but if it discovers your address is out of date and can't contact you, it might decide to shut down your LLC.

Default Judgment

If your LLC is involved in a lawsuit, the process server will try several times to hand over the court documents to your business.

This means that the individual suing your LLC does not need your defense to proceed with their case against your company. Usually, your LLC is hit with a default judgment as a result.

In this case, the individual suing your LLC does not need your presence to defend your company. Usually, this results in a judgment by default against your LLC.

Contempt of Court

If your LLC is part of a lawsuit, you might get a subpoena. This is a request for you to testify or give records.

If you don't respond, you could be held in contempt of court. This might lead to fines or a bench warrant, letting the sheriff take your records or force you to go to court.

Should you be your own Registered Agent?

You can be your own Registered Agent in Hawaii. Although there are some risks, they are relatively uncommon, and handling them yourself can save you money.

However, using a professional Registered Agent Service can offer extra advantages, like keeping your address private.

Registered Agent Details Are Public Record in Hawaii

As the Registered Agent of your LLC, you may name a friend or member of your family. However, this implies that the public will be able to access your home address.

The information you offer in your Certificate of Formation, including the address of the Registered Agent, is kept on file with the Hawaii Business Registration Division as a public record.

Your address will be available to the public and could show up on many websites if you list it as your LLC’s Registered Agent address.

Once other sites get this information, it spreads, and your address might be found easily with a Google search.

If you want to keep your address private, we can help with that.

How to Keep Your Address Out of Public Records

Many Hawaii business owners operate from their homes but be aware that the address of your Registered Agent on your LLC Certificate of Formation will be listed in public records.

To keep your home address private, consider hiring a Hawaii Registered Agent Service. They can provide their address for your Certificate of Formation, keeping your address off the public record.

What’s the best choice for a Hawaii Registered Agent?

The best Hawaii Registered Agent for your business depends on several factors.

You:

You can be your own Registered Agent in Hawaii if:

• You live in Hawaii
• You have a physical address in Hawaii

Keep in mind that your address will be listed on public records.

Why choose this? It's a good way to save money because you don’t have to pay for a Registered Agent Service.

Friend or Family:

A friend or family member can be your Hawaii Registered Agent if:

• They live in Hawaii
• They have a physical street address in Hawaii

They also need to be okay with having their address listed on public records.

Why choose this? It's a good choice if you're not a Hawaii resident and want to save money, as you won't need to hire a Registered Agent Service.

Hawaii Registered Agent Service:

A business that manages mail reception and legal document handling for your LLC is a Hawaii Registered Agent Service sometimes referred to as a Commercial Registered Agent.

These services typically cost between $100 and $300 per year. They will either forward the mail they receive to you or upload it to your online account.

Why choose this option? It's a good choice if you:

• Don't live in Hawaii
• Don't have a friend or family member whose address you can use
• Won't be available during normal business hours to receive mail
• Prefer not to have your address listed in the Certificate of Formation

Hawaii Registered Agent FAQs