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Your Hawaii Registered Agent provides various services, including the acceptance of formal documents and correspondence from the Hawaii DCCA, BREG.

Your LLC must have a Registered Agent at all times. You appoint one when you first formally form your business. You can also replace your existing Hawaii Registered Agent at a later date, provided there is a smooth transition between the old and new agents.

 

Hawaii Registered Agent Requirements

  • Every LLC, both foreign and domestic, must have a Registered Agent with a registered office within the State of Hawaii at all times.
  • The Registered Agent can be a domestic or foreign (licensed to transact business in the state) artificial legal entity (Corporation, LLC, LP or LLP) or a natural person.
  • The Registered Office must be in the state of Hawaii and located at a street address (a P.O. Box only is not acceptable)
  • If the Registered Agent is a person, they must live in Hawaii.
  • If the Registered Agent is a company, they must be authorized to conduct business in Hawaii.
  • The Registered Agent must be available in person to sign for any correspondence during normal business hours.

Note that the address for your Hawaii Registered Agent does not need to be the same as your Hawaii LLC business address.

This includes:

  • Correspondence from the Hawaii Department of Commerce and Consumer Affairs, Business Registration Division (BREG)
  • Service of process notices (e.g., if your LLC is sued or required to appear in court)
  • Official state and federal government correspondence and notices
  • Tax forms and requests to complete permits, company filings and reports

Having a Registered Agent also provides proof to the state that your business exists.

Incfile Provides Free Hawaii Registered Agent Service for the First Year

Incfile provides complete Hawaii Registered Agent service for any LLC that’s formed in the state. Even better, if you form your business through Incfile, your Registered Agent is completely free for the first year and only $119 a year after that.

Incfile is authorized to conduct business in Hawaii and can legally act as your Registered Agent.Here’s what our Registered Agent service provides:

Automatic forwarding of all legal correspondence, documentation and information directly to you

An always-available Hawaii Registered Agent who can receive correspondence, documents and legal proceedings on your LLC’s behalf

Email notification whenever we receive documents for your business

A digital dashboard where you can access, store and retrieve any information we’ve received for your business

 

Appointing a Registered Agent Service for Your LLC

When you first form your LLC, you must appoint a Registered Agent. You can change it at any point after that. Here’s how to go about it.

Assign a Registered Agent When You Form Your LLC

Your business needs to have a Registered Agent as soon as you form your LLC. You can do this two ways:

1
File Articles of Organization with the Hawaii Department of Commerce and Consumer Affairs, Business Registration Division (BREG)

When you create your business, you must include your Registered Agent's information in your Certificate of Formation.

2
Get a Free Registered Agent When You Form Your LLC with Incfile

If you form your business through us, you’ll get our Registered Agent Service free for one year. We’ll use the information you provide to complete and file your Certificate of Formation for you.

Assign a Different Registered Agent After Formation

You can also assign someone else to be your Hawaii Registered Agent after you’ve formed your LLC. There are a couple of ways to achieve this.

1
Choose a new Registered Agent Service and let the Hawaii Department of Commerce and Consumer Affairs, Business Registration Division know

Once you’ve chosen a new Registered Agent, you can login to your account via the Hawaii Business Express portal to file the change online. Once you’ve filed the change, the DCCA, BREG, will review and update your records. There is a $25 fee for this service.

2
We’ll file the change on your behalf when you sign up for Incfile’s Registered Agent service

When you use our Registered Agent service, we take care of all the form filling and filing for you. We’ll collect important information about your business, complete the form on your behalf and then send it to the Hawaii DCCA, Business Registration Division (BREG). When we officially become your Registered Agent, we’ll let you know.

Hawaii Registered Agent Search

In certain situations, it may be useful to know the name of the Registered Agent that represents another LLC in Hawaii. This information is available in the state's business database.

If you can’t find the Registered Agent information there, you can request it from the State DCCA, Business Registration Division (BREG).

What Happens If You Don’t Have a Registered Agent?

If you don’t assign or provide details of a Registered Agent to the Secretary of State, there are several possible ramifications, including:

  • Falling out of good standing with the Hawaii Department of Commerce and Consumer Affairs. The state may revoke your right to do business if you don’t respond to certain correspondence (such as a request for your annual report).
  • Getting sued or served and not knowing about it. You could lose to a default judgment in your absence if your LLC is sued and you don’t respond.
  • Losing your status as an LLC in Hawaii. A Registered Agent is evidence to the state that your business exists. Without it, you could lose your business entity protections and your LLC may be dissolved.
 

Acting as Your Own Registered Agent

You can be the Registered Agent for your LLC if you have a business office in Hawaii. There can be some drawbacks to this approach:

  • The Registered Agent must have a physical street address in Hawaii. If you’re forming an LLC outside the state, you’ll need to use an in-state Registered Agent.
  • Someone must always be available during business hours at the Hawaii address to sign for important documents.
  • The Registered Agent’s name and address are part of the public record and available through the Hawaii Department of Commerce and Consumer Affairs’ website. If you prefer to keep this information private, you should use a Registered Agent service.
  • If you change your business address or move out of state, you need to file additional documentation with the Department of Commerce and Consumer Affairs for the new address. This won't be necessary if you use a Registered Agent service, making a move or address change much simpler.

Other Useful Resources

FAQs About Hawaii Registered Agents

Do I Need to Appoint a Hawaii Registered Agent?

Yes. All business entities in the state are required to have a Registered Agent. This is mandated by the Hawaii Department of Commerce and Consumer Affairs. Find more information above.

When Should I Assign a Registered Agent?

You must assign a Registered Agent when you form your Hawaii business with the Secretary of State. You can change your agent afterward by filing the correct form. If you form your business through Incfile, we’ll file all the necessary forms on your behalf. You'll find more information above.

Can I Be My Own Registered Agent?

Yes, but we don’t recommend it for the reasons listed above.

Does the Registered Agent for my Hawaii-Based LLC Need to have an Address in Hawaii?

Yes. And if you use a company as your Registered Agent, that company must be legally able to conduct business in your state. You'll find more information above.

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