How to Start LLC in Hawaii Step-by-Step Guide
Starting a Hawaii LLC, step-by-step
Here are the steps to forming an LLC in Hawaii:
- Choose an LLC Name
- Select a Registered Agent
- File the Articles of organization
- Create an Operating Agreement
- Get an EIN
- Register for a State Tax Identification Number
If you want to form your LLC yourself, follow our comprehensive guide below at no cost.
For further details on LLC expenses, Explore the specifics of LLC costs in Hawaii.
See "How Long Does It Take to Form an LLC in Hawaii" to find out how long it will take to get your LLC approved and to make sure there are no delays.
Need to save time?
Consider hiring a professional to set up your LLC: Northwest Registered Agent offers LLC formation services starting at $39 plus the state fee.
(Find out why Northwest is the top choice for LLC formation)
Here are the steps to forming an LLC in Hawaii
1. Search for your Limited Liability Company (LLC) Name
To ensure your Hawaii LLC name is available and meets state requirements, follow these steps
First, search your business name. Entity Search tool to ensure it's unique and not already in use.
This is necessary because two businesses in the state cannot share the same name.
Second, check domain availability for an online presence Select a name that is memorable to the customer and best suited for the brand.
We'll explore the specifics of naming an LLC in Hawaii in greater detail.
How do I check if my desired LLC name is available?
You can check the availability of your desired LLC name by searching the Hawaii Business Registration Division.
What are the naming requirements for the Hawaii LLC?
The name must include "Limited Liability Company," "LLC," or "L.L.C." It must be distinguishable from other business names registered in Hawaii and should not contain restricted words without approval.
Can I reserve a name for my LLC?
You can reserve a name for up to 120 days by filing a Name Reservation application with a $10 cost.
2. Find a Registered Agent in Hawaii
The next step is to select the Hawaii Registered Agent.
A person or organization appointed to accept official notices and legal communications on behalf of your LLC may function as your LLC's registered agent in Hawaii. To carry out this function efficiently, they must have a physical address inside the state.
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Who is eligible to serve as an LLC Registered Agent?
Your LLC's registered agent can be you.
- A trusted friend or family member
- A professional Registered Agent Service
- You
They must have a physical address in Hawaii, as PO Boxes are not acceptable.
The Registered Agent's details are available to the public in state records.
If you prioritize privacy or lack a physical Hawaii address, a Registered Agent Service could be beneficial.
What is a Registered Agent?
A Registered Agent is a person or entity designated to receive legal documents and official government communications on behalf of the LLC.
Who can be a Registered Agent in Hawaii?
The Registered Agent can be an individual resident of Hawaii or a business entity authorized to do business in Hawaii. The agent must have a physical street address in Hawaii (no P.O. boxes).
Can I act as my Registered Agent?
Yes, if you meet the residency and physical address requirements, you can act as your Registered Agent.
3. File the Hawaii LLC Articles of Organization
Prepare and submit the Articles of Organization to the Hawaii Business Registration Division: Department of Commerce & Consumer Affairs.
Guide for completing the articles. Including details like your name and registered agents.
Filing the Hawaii LLC Articles of Organization costs $51 when submitted online. This is a one-time cost to create your LLC.
If you want to file this yourself, see our step-by-step guide: ?.
How do I file the Articles of Organization?
You can file the Articles of Organization online or by mail with the Hawaii Business Registration Division: Department of Commerce & Consumer Affairs, Business and Professional Licensing. The filing fee is $51.
What information is required in the Articles of Organization?
The Articles of Organization must include the LLC’s name, principal office address, registered agent information, and the names and addresses of the organizers.
How long does it take to process the Articles of Organization?
Processing times can vary. Online filings are typically processed within a few business days, while mail filings may take longer.
4. Create the Hawaii LLC Operating Agreement
A Hawaii LLC Operating Agreement is like a companion document to Articles of Organization. The articles create your LLC, while the Operating Agreement explains who owns it.
Banks may require it to open your LLC business bank account, and it is important in court to prove your LLC is running correctly.
That's why we recommend that all LLCs, including Single-Member LLCs, have an Operating Agreement.
Operating Agreement is essential in legal proceedings because it serves as evidence that your LLC operates by proper governance practices, bolstering your defense in court.
An Operating Agreement is an internal document, so you don’t need to file it with the IRS. Just keep a copy in your business records for your reference.
Need to save time?
Consider hiring a professional to set up your LLC: Northwest Registered Agent offers LLC formation services starting at $39 plus the state fee.
(Find out why Northwest is the top choice for LLC formation)
What is an Operating Agreement?
An Operating Agreement is a document that outlines the ownership, management structure, and operating procedures of the LLC.
Is an Operating Agreement required in Hawaii?
While not legally required, it is highly recommended to have an Operating Agreement to establish clear rules and prevent disputes.
What should be included in an Operating Agreement?
The Operating Agreement should include details on member roles and responsibilities, voting rights, profit distribution, management structure, and procedures for adding or removing members
5. Get an EIN for LLC
Getting a Hawaii EIN from the IRS for LLC.
An EIN (Employer Identification Number) is needed for:
- Identifying tax purposes
- Open the business bank accounts
- Apply for licenses and permits
How do I apply for an EIN?
You can apply for an EIN online through the IRS, by mail, or by fax.
How much does an EIN cost?
Obtaining an EIN from the IRS comes at no cost. The application process is free.
How much time does it take to receive an EIN?
When applying online, You can get EIN immediately.
If you choose to apply by mail or fax, it can take at least four to five weeks.
Why do I need an EIN for my LLC?
An EIN is required for federal tax purposes, hiring employees, opening a business bank account, and fulfilling other business-related requirements.
How can I obtain an EIN?
For US Citizens or Residents: If you possess an SSN or ITIN, you are eligible to apply for an EIN online. Simply follow these steps: Apply for an EIN online.
For Non-US Residents: You are unable to obtain an EIN online, but you can still acquire one through fax or mail. Follow these steps to get an EIN without an SSN or ITIN.
6. Register for a Hawaii Tax Identification Number
To operate an LLC in Hawaii, you must register with the Hawaii Department of Taxation and get a State Tax ID.
This ID is needed for business in Hawaii and is not the same as your federal EIN.
How much does a Hawaii State Tax Identification Number cost?
Register your Hawaii LLC with the Department of Taxation to get a State Tax ID for $20, required for business in Hawaii and different from the federal EIN.
How can I get a Hawaii State Tax Identification Number?
Visit the Hawaii Department of Taxation website, complete and submit the online application. You can also register by mail or in person.
What Should I Do after the LLC is Approved?
Business bank account for Hawaii LLC
Opening a business bank account for your Hawaii LLC is essential to keep personal and business finances separate. This separation helps maintain accurate financial records, simplifies tax filing, and protects your assets in case of legal issues.
Hawaii Licenses and Permits
Hawaii LLCs may require various licenses and permits depending on their location, industry, and business activities.
Taxes for Hawaii LLC
Hawaii LLCs are subject to several taxes, including federal and state income taxes, sales taxes (if applicable), and payroll taxes if the LLC has employees. Understanding and complying with these tax obligations is crucial to avoiding penalties and maintaining good standing with tax authorities.
Annual Report Requirement
Hawaii LLCs must file an Annual Report each year to the Hawaii Business Registration Division: Department of Commerce & Consumer Affairs. This report updates the state with any changes to the LLC's business details and requires payment of a filing fee. Keeping this report current ensures that your LLC remains in good standing and compliant with state regulations.