Hawaii Foreign Registration/Registered agent
What Hawaii requires of a foreign LLC's registered agent
A foreign LLC in Hawaii has to keep a registered agent at a Hawaii business address, and changing that agent costs $25. The agent can be a Hawaii resident or an entity authorized to do business there, and a company may not appoint itself. We can act as your Hawaii agent on the application for Form FLLC-1.
Agent rules at a glance
- Who qualifies
- an individual residing in Hawaii, or a domestic or foreign entity authorized to transact business in Hawaii
- Location
- A business address in Hawaii; the Division's FAQ says the agent must be physically present in the State
- Not allowed
- The company acting as its own agent
- Change of agent
- Statement of change, $25
- Resignation
- Takes effect on the thirty-first day after filing, or earlier if a new agent is named
- What the agent does
- to receive service of process, notice or demand on behalf of the business and inform it of the service
Who can be the agent
The Division's information sheet requires every foreign LLC to keep an agent on file without a gap, one with a business address in the state. The agent is an individual residing in Hawaii, or a domestic or foreign entity authorized to transact business in Hawaii (HRS 428-107). So a mainland friend, however trusted, does not qualify, while a Hawaii resident does, and so does a company registered to do business here.
What the agent does
The agent exists to receive service of process, notice or demand on behalf of the business and inform it of the service. In practice that means a stranger will arrive with a legal envelope, and the agent must be there to take it and pass it on promptly. A late forward can cost the company a default judgment, so the agent should have your current email and phone number. If a notice from the Division arrives, your agent should send that on too.
Changing the agent
The company may change its agent by delivering a statement of change to the Division for filing (HRS 428-108). The Division charges $25 for it. The agent can also change its own name, address, type or jurisdiction of organization by signing a statement of change. The change forms are filed online through Hawaii Business Express. A company that switches agents should file the statement before the old agent's contract ends, so no day passes without an agent on file.
If your agent resigns
An agent may resign by signing and filing a statement of resignation, and it must promptly tell the company the date the statement was filed. The resignation takes effect on the earlier of the 31st day after filing or the day a new agent is appointed (HRS 428-109). That gives you about a month to name a replacement. Treat any notice from your agent as urgent, and do not assume the Division will chase you.
Choosing a professional agent
Ask a provider five questions. Does it have a physical office in Hawaii with staffed hours? Will it send legal papers to you the same day? Will it tell you if an annual report is overdue? What does it charge each year, and does the price change on renewal? And will it sign the agreement before you list it?
Using us as your agent
We act as the Hawaii agent for companies we register. The service is ordered with the registration and appears as its own line. Either way, the agent has to agree to serve before the form is filed.
Corporations
A foreign corporation follows the same rule, set out in its own information sheet: a registered agent who has a business address in Hawaii, either an individual residing in Hawaii or a domestic or foreign entity authorized to transact business there. That sheet also explains the statement of change and the resignation, in the same terms as for an LLC, and a corporation may not name itself either.
Questions about the Hawaii agent
Can I be my own agent if I live in Hawaii?
A resident individual can serve, whoever that person is. What the LLC cannot do is appoint itself.
Does the agent need to be a company?
No. A person who lives in Hawaii qualifies.
How much does it cost to change agents?
$25 for the statement of change.
What if I never receive notices from the Division?
Check that the agent has your current contact details and look up the company in the Business Name Search.
Our price, then the Hawaii cost
Start your Hawaii filing
- Form FLLC-1, the Application for Certificate of Authority for Foreign Limited Liability Company, completed from your answers
- The original certificate of existence from the jurisdiction of formation, requested and checked for its date
- A Hawaii registered agent: ours, or the one already working for you
- Filing with the DCCA and the approved record returned to you
- Renewal: after the first year, the agent service renews at $149 a year
$199
+ $51 Hawaii cost for an LLC
Start my Hawaii filingOur price and the Hawaii cost are two separate lines at checkout. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
Where this comes from
- Hawaii DCCA, foreign LLC fees
- Hawaii DCCA, foreign LLC registration
- Hawaii DCCA, State Archives preservation fee
- Hawaii DCCA, foreign corporation registration
- Hawaii Form FLLC-1, Application for Certificate of Authority for Foreign Limited Liability Company
- Hawaii Form FC-1, Application for Certificate of Authority for Foreign Corporation
- Hawaii DCCA, foreign profit corporation fees
- Hawaii DCCA, foreign limited partnership fees
- Hawaii DCCA, foreign nonprofit corporation fees
- Hawaii Form FLLC-INFO, information for foreign limited liability companies
- Hawaii DCCA Business Registration Division, frequently asked questions
- Hawaii Form FC-INFO, information for foreign profit corporations
Doing business in Hawaii?
Send us your entity and its home state. We write the application and watch the good-standing date.