Get an Operating Agreement for your new LLC

Form your Hawaii LLC for free!

IT'S QUICK AND EASY

FormLLCDirect provides entrepreneurs and business owners with direct access to the tools and information needed to form your Hawaii LLC for FREE!

STEP 1
CHECK NAME AVAILABILITY FOR YOUR HAWAII LLC

Generally, a limited liability company ("LLC") in Hawaii may use any permissible name that is not the same as or deceptively similar to existing corporations, partnerships, limited partnerships, or other LLCs. You may verify that the name you have selected for your new Hawaii LLC is available. There is no fee for this service.

Hawaii LLC Check Name Availability

STEP 2
FORM YOUR HAWAII LLC

A Hawaii limited liability company is formed by filing a document called The Articles of Organization with the Hawaii Secretary of State and paying a fee of $50.

You may file the Articles of Organization online or by mail.

If you file online, payment is submitted online upon completion of the Articles of Organization.

To file online you simply need to register with the Hawaii Business Registration Division. Once you have registered, you will be able to complete the Articles of Organization online.

If filing by mail, Articles must be typewritten or printed in black ink, and must be legible.
The form must be signed and certified by an organizer of the company. All signatures must be in black ink. Checks should be made payable to:

Department of Commerce and Consumer Affairs
P.O. Box 40
Honolulu, HI
96810

To complete The Articles of Organization you must include:

The name of the LLC: The name must include the words limited liability company, LLC or L.L.C. at the end of the entity name.
The address of the LLC's primary office.
The registered agent's name and address in Hawaii: You may not use a PO Box. A registered agent must be an individual residing in the state, a domestic corporation or a foreign corporation authorized to do business in the state. The registered office is typically the business office of the registered agent. It need not be the same office of the LLC’s business office. If you or one of the members of the LLC has an address in the state you may use that address for register agent purposes.
The name and address of the organizer. The organizer is the person forming the LLC. The organizer is generally not required to be a member of the LLC.
Whether the period of duration of the company is at-will or for a specified term. Enter the expiration date if duration is for a specified term.
Whether the LLC is managed by the members or a manager and provide the address(s): A member managed LLC means that every member has authority to act on behalf of the business. If the LLC will have only one owner, typically the LLC will be member managed. With a manager managed LLC, the members, by virtue of being members, do not have authority to manage and operate the business of the limited liability company. Instead, the members elect “managers” and it is the managers who have this authority. A manager managed LLC can either be managed by one or more members or by appointed non-members. A manager managed LLC is typically the structure of choice for multi-member LLCs for a number of reasons. With no management structure, multiple owners acting on behalf of the LLC by signing checks or contracts could lead to potential problems for the LLC and its members. In addition, where one or more members are “passive members (not actively engaged in management) using a manager managed structure is useful in order to create a layer between the members and managers. It is important that a manager managed LLC have a well drafted LLC Operating Agreement that sets out the rules and procedures for the managers to follow when managing the LLC.
The name and address of the initial managers or members, as the case may be.
Whether one or more members of the company are liable for the LLC's debts and obligations (it is highly uncommon for the members to be liable for the debts and obligations of the LLC).
The signature of the Organizer(s) - The organizer(s) must sign the Articles of Organization. The organizer is generally not required to be a member of the LLC.

Get Started and File Online

Get Started and File by Mail

STEP 3
GET A CUSTOMIZED HAWAII OPERATING AGREEMENT

It is extremely important that every Hawaii LLC has an LLC Operating Agreement. The LLC Operating Agreement is the core document that is referred to when issues concerning the LLC need to be resolved. The LLC Operating Agreement reflects the agreement among the members with respect to the affairs and management of the LLC, as well as governs the relationship amongst the members of the LLC.

STEP 4
GET AN EIN FOR YOUR NEW LLC

An Employer Identification Number (EIN) is also referred to as a Federal Tax Identification Number. The EIN is generally used to identify a business entity. In general, every business requires an EIN.

Receive your entity's EIN for FREE in minutes