Get a Hawaii Registered Agent

One of the things you’ll need to determine before filing your paperwork to form a limited liability company (LLC), business corporation, or another registered business in Hawaii is who will serve as your registered agent. The state requires every registered company to have one, but what is a registered agent? What are their duties, and what are the requirements to be one?

What is a Hawaii registered agent?

A registered agent is an individual or company designated by the entity to receive important legal documents and certain state correspondence on behalf of the business.

What does a Hawaii registered agent do?

A registered agent is required by Hawaii Statute §428-107.  The agent must be available during normal business hours to forward any service of process, notice, or demand pertaining to the entity to the appropriate individuals. The requirement is necessary because it ensures that the correct people within a company are notified in the event of time-sensitive events such as service of process for lawsuits, garnishment notices against employees, a notice of annual reports, or important tax notifications.

Who can be a registered agent in Hawaii?

A Hawaii LLC, domestic corporation, or a foreign (out-of-state) company authorized to transact business in this state must appoint and continuously maintain a registered agent. That agent must also have a business address in the state. A registered agent in Hawaii can be:

• An individual who resides in the state;
• A domestic entity authorized to transact business in the state; or
• A foreign entity authorized to transact business in the state.
• A business entity cannot act as its own agent.

Can I be my own Hawaii registered agent?

You can legally serve as your own agent as long as you’re a resident of the state and are generally available during business hours.

Benefits of Using Hawaii Registered Agent Services

Technically, serving as your own agent is allowed, but opting for a registered agent service offers worthwhile benefits. These services specialize in receiving and relaying official paperwork, helping ensure nothing slips through the cracks. They give you peace of mind to go work around town and travel without worrying about your legal mail. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.

More importantly, a professional registered agent company can help protect you from potential embarrassment. If you’re acting as your own agent, you’ll have to accept service of process yourself, which means whoever you’re with at the time — maybe a client or business partner — will know you’re facing a lawsuit. But if you use an agent service, the process server will go to the registered agent’s address. Your agent will handle these notifications privately, discreetly, and promptly.

How is a registered agent appointed in Hawaii?

You’ll need to name your registered agent when you complete the official paperwork with the state to form your business, so you’ll need to decide who your registered agent or registered agent service will be before you begin that process. Of course, you need to be sure to inform whomever you’re appointing and get their permission to serve in that role.

How much does it cost for a registered agent in Hawaii?

The cost of a registered agent in Hawaii varies based on whether you choose an individual or a professional service. If you opt to be your own registered agent or designate someone you know, the costs can be minimal, primarily associated with the potential need to maintain a physical street address or office space during business hours. For many small business owners, being their own agent requires no out-of-pocket cost but requires time and attention instead. 

On the other hand, professional registered agent services usually come with a fee. These fees can range from $100 to a few hundred dollars annually, depending largely on the level of services offered. While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.

Cost of Changing Registered Agents

To change your registered agent in Hawaii, you’ll use a simple form: the “Statement of Change of Registered Agent by Entity.” You can file online or by mail, but either way, the filing fee is $25.

How to Change a Registered Agent in Hawaii

Changing your registered agent in Hawaii requires some administrative effort to ensure the state records are up to date and your business remains compliant. To begin, it’s vital to first determine who your new registered agent will be. If you’re considering transitioning to a professional service or selecting another individual, ensure you obtain their consent and verify that they meet Hawaii’s requirements for registered agents.

Once you’ve got your new agent lined up, it’s time to file the paperwork. You can either log into the Department of Commerce website and file the form online, or you can download a copy of the “Statement of Change” and file by mail. With either filing method, you’ll need to fill in some information about your former agent, your new agent, and your business. You’ll also need to pay the $25 filing fee.

Change of Registered Agent Requirements

When changing a registered agent, the new agent must meet the same requirements: be a Hawaii resident or a business authorized to conduct business in Hawaii, have a physical street address in the state, and be available during business hours.

Hawaii Department of Commerce Contact Information

Resignation of Hawaii Registered Agent

If a registered agent needs to resign, they should notify the business and submit a “Statement of Resignation of Registered Agent” to the Hawaii Department of Commerce and Consumer Affairs. The agent remains on file for 31 days post-resignation unless a replacement is appointed sooner.

Steps to Remove a Registered Agent

1. Notify your business: Hawaii state law requires you to promptly inform the business upon submitting your Statement of Resignation of Registered Agent to the Department of Commerce.
2. Submit your resignation: Complete the “Statement of Resignation” form and submit it with a $25 filing fee to the Hawaii Department of Commerce and Consumer Affairs. You can file online or by mail.
3. Hand off your responsibilities: Help your business transition to a new registered agent to avoid penalties. A valid registered agent is crucial to maintaining the company’s good standing.