How to File Hawaii Articles of Incorporation


Steve Goldstein
Steve Goldstein
Business Formation Expert
Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

All Posts by Steve Goldstein →
Business Formation Expert  |   Fact Checked by Editorial Staff
Last updated: 
LLCBuddy™ offers informative content for educational purposes only, not as a substitute for professional legal or tax advice. We may earn commissions if you use the services we recommend on this site.
At LLCBuddy, we don't just offer information; we provide a curated experience backed by extensive research and expertise. Led by Steve Goldstein, a seasoned expert in the LLC formation sector, our platform is built on years of hands-on experience and a deep understanding of the nuances involved in establishing and running an LLC. We've navigated the intricacies of the industry, sifted through the complexities, and packaged our knowledge into a comprehensive, user-friendly guide. Our commitment is to empower you with reliable, up-to-date, and actionable insights, ensuring you make informed decisions. With LLCBuddy, you're not just getting a tutorial; you're gaining a trustworthy partner for your entrepreneurial journey.
File Hawaii Articles of Incorporation

Incorporating a business is essential for entrepreneurs looking to establish their venture as a separate legal entity. By filing Articles of Incorporation, business owners in Hawaii can enjoy myriad benefits, such as limited liability, tax advantages, and increased credibility. However, the incorporation process may seem daunting for many, especially those not well-versed in the legal intricacies of their state. This article is a comprehensive guide on how to file Hawaii Articles of Incorporation, taking you through the necessary steps and requirements to establish your corporation successfully.

Whether you are a startup founder or a seasoned business owner, understanding the process of filing Articles of Incorporation in Hawaii, popularly known as The Aloha State, is crucial for the seamless formation of your corporation. The following sections will outline the paperwork, fees, and registration procedures specific to Hawaii, along with tips on navigating potential roadblocks and ensuring your application is approved. Let’s dive in and explore the ins and outs of incorporating your business in Hawaii.

What is Articles of Incorporation in Hawaii?

The Articles of Incorporation is a legal document required to file with the state government to legalize the creation of your corporation. In other words, filing these documents with the Hawaii Secretary of State ensures the formation of the corporation in Hawaii officially. The Articles of Incorporation is similar to filing the Hawaii LLC Articles of Organization while filing an LLC in Hawaii.

Hawaii, also known as The Aloha State, has some rules when it comes to file the Articles of Incorporation. We shared the step-by-step process here to file the incorporation document with the Hawaii SOS. Checking with the SOS is recommended for more information.

It is always wise to consult a legal professional before you file your company under the Hawaii SOS. FIling process can be easy, but it is sensitive. If you miss anything, it can totally stope the filing process.

LLCBuddy Editorial Team

How to File Hawaii Articles of Incorporation

You can file the Articles of Incorporation in several ways based on the state you are willing to start your corporation. In Hawaii, you can file it in four ways, online, by mail, fax, and email. The details are similar to the details you need when forming an LLC. Here are the details you must submit while filing the documents-

Step 1: Get the Form and Enter the Details

The first step is to get the Articles of Incorporation form from the Hawaii Secretary of State. You will get both offline and online forms on the site, as available. You must pay the $50 for filing online, by mail, fax, or by email when submitting the form. Following are the details you must add to your incorporation form-

Name of the Entity

The first thing you need to do is submit your company’s name. Make sure to mention the exact name of the company that you decided on. Like the LLC naming guidelines, you must also follow the Hawaii corporation naming requirements too. There are a few points to note when you name your company. They are,

  • You cannot have a name used by other companies or businesses.
  • You cannot have any name that is misleading or the same as government organizations.
  • Banks, Insurance, Insurer, or any such names cannot be used as they reflect the financial organization.
  • You must add terms like corporation, limited, company, incorporated, or incorporation. You can also add abbreviations like co., ltd., inc., and corp instead of the above terms.

Address of the Corporation

The next section of the form is to provide your main address. It is necessary to have a physical street address in Hawaii. For those running an online business, you must provide any address in the state (including your home address) where you will receive all the business and legal documents and mail. While sharing your address, make sure not to use abbreviations, such as N.Y. for New York or L.A. for Los Angeles.

Hawaii Resident Agent

The next point is to provide information about the Resident Agent. The Hawaii Resident Agent is an individual or business entity that is responsible for receiving all the legal and official documents on behalf of the company. They must be aged above 18 years and have eligibility to conduct business in the state. The Resident Agent should be legit and experienced because, in case of any lawsuit, you need an expert to handle your issues. In most cases, the Resident Agent’s official address is the company’s official mailing address. If you form an LLC, hiring a registered agent is the most crucial step in the process.

Shares and Stocks

The next important information you must provide is about the stocks and shares. While filing the Articles of Incorporation, you must mention a minimum of one share. In Hawaii, to start a corporation, you need at least Three director(s) initially. When filing the incorporation documents, you must provide the share of directors in the corporation. It decides the ownership of the company.

If you amend Hawaii Articles of Incorporation in the future, you will not be able to change the initial directors. You might need an additional form to change the initial directors’ details. You must check with the Hawaii SOS while filing the Articles of Incorporation amendment.

Additional Documents

You might need additional documents to submit along with the incorporation documents. In Hawaii, you can attach a cover letter with the documents as an additional document. if you are willing to start a foreign corporation in Hawaii, then you must add one document along with the Articles of Incorporation. Foreign corporations in Hawaii must submit the Hawaii Certificate of Good Standing along with the incorporation documents.

Signature

Finally, the signature of the directors and shareholders are required on the form. You can have more than one share and director. All your initial directors must submit their official signature while filing the corporation in Hawaii. Get their signatures to file the Articles of Incorporation.

Step 2: Submit the Articles of Incorporation in Hawaii

Once you are done filling up the form, now it is time for you to submit it. The form can be submitted in four ways, online, by mail, fax, and email. Checking with a legal professional or a formation service while filing your corporation is recommended. It is sensitive, and one mistake can stop the entire filing process immediately.

  • Online filing: Get the online form from Secretary of State, fill it up, and submit. Don’t refresh the page during the process. It will erase everything. Email it to [email protected].
  • Offline filing: Send the form by mail to Office of the Secretary of State, 450 N 4th Street, P.O. Box 83720, Boise, ID 83720-0080 or Fax it to (808) 586-2733.

Cost of Filing the Articles of Incorporation in Hawaii

The cost of filing the Articles of Incorporation in Hawaii is an important aspect to consider when starting a new business. This one-time fee is necessary for officially registering your corporation with the Secretary of State and can vary depending on the specific requirements and regulations of Hawaii. In some cases, additional fees may be required for expedited processing or other optional services. It is crucial for entrepreneurs to budget for this expense and research the specific costs associated with their Hawaii in order to ensure a smooth and successful incorporation process. To file the Articles of Incorporation in Hawaii, you must pay a filing fee. The filing fee is $50 for filing online, by mail, fax, or by email.

FAQs

What is an Hawaii Articles of Incorporation?
An Hawaii Articles of Incorporation is a legal document filed with the Hawaii Department of Commerce and Consumer Affairs (DCCA) to create a Hawaii corporation.
What information does the Hawaii Articles of Incorporation include?
The Articles of Incorporation includes the name of the corporation, the type of corporation, and the purpose of the corporation, the address of its principal office, the name and address of the corporation’s registered agent, the number of shares the corporation is authorized to issue, and the names and addresses of the initial directors.
What is a registered agent in Hawaii?
A registered agent in Hawaii is a person or business entity located in the state of Hawaii that is designated to receive service of process on behalf of the corporation.
What is the filing fee to form a Hawaii corporation?
The filing fee to form a Hawaii corporation is $50.
How long does it take to form a Hawaii corporation?
It typically takes between 3-5 business days to form a Hawaii corporation.
Where do I file the Hawaii Articles of Incorporation?
The Hawaii Articles of Incorporation must be filed with the Hawaii Department of Commerce and Consumer Affairs (DCCA).
What is the minimum capital requirement for forming a Hawaii corporation?
There is no minimum capital requirement for forming a Hawaii corporation.
What is the fee for amending the Hawaii Articles of Incorporation?
The fee for amending the Hawaii Articles of Incorporation is $20.
Is there a form for filing Hawaii Articles of Incorporation?
Yes, there is a form for filing Hawaii Articles of Incorporation which can be found on the Hawaii Department of Commerce and Consumer Affairs website.
Is there a deadline for filing Hawaii Articles of Incorporation?
No, there is no deadline for filing Hawaii Articles of Incorporation.
How do I obtain a copy of my Hawaii Articles of Incorporation?
You can obtain a copy of your Hawaii Articles of Incorporation by contacting the Hawaii Department of Commerce and Consumer Affairs.
Is there a fee for obtaining a copy of my Hawaii Articles of Incorporation?
Yes, there is a fee for obtaining a copy of your Hawaii Articles of Incorporation. The fee is $10.
Do I need a lawyer to file Hawaii Articles of Incorporation?
No, you do not need a lawyer to file Hawaii Articles of Incorporation.
What is the purpose of the Hawaii Articles of Incorporation?
The purpose of the Hawaii Articles of Incorporation is to establish the corporation as a legal entity in the state of Hawaii.
What is the difference between a corporation and a limited liability company (LLC)?
A corporation is a separate legal entity owned by shareholders, while a limited liability company (LLC) is a type of business entity that offers limited liability and pass-through taxation.
How do I change the registered agent for my Hawaii corporation?
You can change the registered agent for your Hawaii corporation by filing an Amendment to Articles of Incorporation with the Hawaii Department of Commerce and Consumer Affairs.
What is the filing fee for changing the registered agent for my Hawaii corporation?
The filing fee for changing the registered agent for your Hawaii corporation is $20.
How do I change the address of my Hawaii corporation?
You can change the address of your Hawaii corporation by filing an Amendment to Articles of Incorporation with the Hawaii Department of Commerce and Consumer Affairs.
What is the filing fee for changing the address of my Hawaii corporation?
The filing fee for changing the address of your Hawaii corporation is $20.
How do I change the name of my Hawaii corporation?
You can change the name of your Hawaii corporation by filing an Amendment to Articles of Incorporation with the Hawaii Department of Commerce and Consumer Affairs.
What is the filing fee for changing the name of my Hawaii corporation?
The filing fee for changing the name of your Hawaii corporation is $20.
How do I dissolve my Hawaii corporation?
You can dissolve your Hawaii corporation by filing Articles of Dissolution with the Hawaii Department of Commerce and Consumer Affairs.
What is the filing fee for dissolving my Hawaii corporation?
The filing fee for dissolving your Hawaii corporation is $20.
How do I reinstate my Hawaii corporation?
You can reinstate your Hawaii corporation by filing Articles of Reinstatement with the Hawaii Department of Commerce and Consumer Affairs.
What is the filing fee for reinstating my Hawaii corporation?
The filing fee for reinstating your Hawaii corporation is $20.
Are there any other fees associated with forming a Hawaii corporation?
Yes, there may be additional fees associated with forming a Hawaii corporation, such as franchise taxes or filing fees.
Are there any annual filing requirements for Hawaii corporations?
Yes, Hawaii corporations are required to file an annual report with the Hawaii Department of Commerce and Consumer Affairs.
What is the filing fee for the annual report?
The filing fee for the annual report is $15.
What is a Business Registration?
A Business Registration is a form filed with the Hawaii Department of Commerce and Consumer Affairs (DCCA) to register a business in the state of Hawaii.
What information is required for the Business Registration?
The Business Registration requires the business name, type of business, address of the business, name and address of business owners, and the business owner’s tax identification number.
What is the filing fee for the Business Registration?
The filing fee for the Business Registration is $15.

Also Read

Why Hawaii Articles of Incorporation is So Important

First and foremost, the Articles of Incorporation serve as the legal foundation of a business entity. By filing this document with the state, business owners are officially creating a separate legal entity that is separate from its owners. This distinction is important because it helps protect the personal assets of the owners from any liabilities incurred by the business. In other words, if the business were to face a lawsuit or debt, the owners would not be personally responsible for settling those obligations.

Additionally, the Articles of Incorporation outline important details about the business, such as its name, purpose, registered agent, and share structure. These details provide clarity and transparency to the public, potential investors, and stakeholders about the nature and operation of the business. Furthermore, having a clear and well-defined structure can help prevent conflicts and misunderstandings among shareholders and directors in the future.

Moreover, the Articles of Incorporation also establish the governance structure of the business. This includes outlining the roles and responsibilities of the directors, officers, and shareholders. By clearly defining these roles, the business can operate more efficiently and effectively. Additionally, it helps prevent disputes and confusion about decision-making processes within the company.

Furthermore, the Articles of Incorporation allow the business to obtain certain legal rights, such as the ability to enter into contracts, own property, and pursue legal action. Without this document, the business would not have the legal standing to conduct these essential activities. This legal protection is crucial for the business to operate and grow in a competitive market.

Another important aspect of the Articles of Incorporation is its role in establishing the tax status of the business. By filing this document, the business can determine whether it will be taxed as a C corporation, S corporation, or nonprofit organization. This decision can have significant implications on the business’s tax responsibilities and liabilities. Therefore, it is important to carefully consider these tax implications when drafting the Articles of Incorporation.

In conclusion, the Articles of Incorporation are a critical document that all businesses in Hawaii must file to legally establish their company. This document serves as the foundation of the business, outlining important details about its structure, governance, and legal rights. By filing the Articles of Incorporation, business owners can protect their personal assets, establish clarity and transparency, and ensure the efficient operation of their company. Overall, the Articles of Incorporation are a vital step in the process of starting and operating a successful business in Hawaii.

Conclusion

In conclusion, the process of filing Hawaii Articles of Incorporation is a crucial step for businesses looking to establish their presence in the state. This legal document serves as the foundation of the company’s structure and outlines essential information, such as the company’s name, purpose, and management team. To ensure a smooth and successful filing process, it is vital for business owners to familiarize themselves with the State of Hawaii’s requirements, adhere to the applicable laws and regulations, and provide accurate and complete information in the Articles of Incorporation.

Leave a Comment