If you’re forming a business in Hawaii—or any state, for that matter—you must have a registered agent available to receive important documents on behalf of your business.
Choosing a registered agent is one of the most important decisions you’ll make as a business owner. Do you save money by serving as your own registered agent, or is it better to appoint a professional agent or Hawaii registered agent service to do it for you? This guide will walk through exactly what a registered agent does, the requirements to serve in the role, and the varying costs associated with hiring one, in order to help you make an informed decision.
What is a registered agent in Hawaii?
A registered agent—sometimes called an agent of service or statutory agent—receives service of process and other important documents and correspondence on behalf of a business. Lawsuit notifications, state compliance notices, and tax forms are just a few examples of the types of documents registered agents receive for businesses.
A registered agent can be any individual or a business entity that meets the state requirements.
Legal requirements for registered agents in Hawaii
In Hawaii, a registered agent must:
- Be an individual (18 years of age or older) or a business entity legally authorized to transact business within the state
- Must be physically present in the state of Hawaii
- Have a physical address (not a P.O. box) in the state of Hawaii
- Must be available at the listed address to receive service of process during regular business hours
Can I be my own registered agent in Hawaii?
It is possible to serve as your own registered agent, but it may not always be in your best interest to do so. For starters, being a registered agent puts a great deal of restriction on your whereabouts, at least on weekdays during normal business hours.
Here’s a closer look at the potential pros and cons of serving as your own registered agent.
Advantages of acting as your own registered agent
- No annual service fees
- Direct receipt of important notices like lawsuits and annual report reminders
- No vendor relationship to manage
Disadvantages of acting as your own registered agent
- Lack of privacy (due to your home or business address becoming public record)
- Restrictions on your time and ability to move freely during regular business hours
- Potential for service of process to occur in front of clients or employees
- Inability to serve as agent for multi-state businesses
Why hire a Hawaii registered agent service for your business
You can certainly hire another individual—like an employee or a friend or family member—to serve as your registered agent. But using a commercial Hawaii registered agent service can come with a lot of perks and peace of mind that make the service fee well worth it.
For example, LegalZoom’s registered agent packages include helpful services beyond just accepting service of process, including same-day document scanning, digital access, and unlimited cloud storage for important business paperwork. Our agents also send immediate alerts for important notices received and maintain meticulous compliance calendars to ensure you never miss important deadlines for annual reports, permits, or other critical compliance documents.
How much does a Hawaii registered agent service cost?
The cost of a registered agent service will vary depending on how many additional services are included within your package. In general, you should expect to pay a few hundred dollars annually.
LegalZoom’s registered agent services—including additional services like document storage and compliance calendars—is $249 per year. We’ll also cover any fees associated with filing the paperwork to change from your current registered agent to LegalZoom (typically $25 for most business entities in the state of Hawaii).
How do I appoint a registered agent to my Hawaii business?
When you file your formation paperwork (articles of organization for a Hawaii LLC or articles of incorporation for a Hawaii corporation) with the Hawaii Department of Commerce and Consumer Affairs, you’ll need to designate a registered agent as part of the process. The formation documents will require you to provide the name of your registered agent (individual or entity) as well as the address where they will be available to receive service of process.
Unlike some other states, Hawaii does not require registered agents to provide written consent to serve.
What if I need to change my Hawaii registered agent?
If your registered agent changes, it’s very important to notify the Hawaii Department of Commerce and Consumer Affairs immediately. To do this, you’ll need to file a statement of change form with the updated information and pay a $25 fee with your filing.
When you change your registered agent to LegalZoom, we complete the paperwork on your behalf and cover the fee to change registered agents.
What if I fail to appoint a registered agent?
You won’t be able to complete your business formation paperwork without a designated registered agent. If you change registered agents without notifying the government, or if your appointed agent doesn’t conduct their responsibilities correctly, it could result in fees or other penalties for your company, including loss of good standing status with the state.
Receiving service of process in a timely manner is also essential to ensure you’re meeting your compliance obligations and responding to important legal notices—like lawsuits—promptly. If you don’t receive these notices on time, it can put you at significant legal risk and may make it difficult to defend yourself in court.
FAQs about registered agents in Hawaii
Do foreign LLCs and out-of-state companies need a Hawaii registered agent?
Yes, you must have a different registered agent for each state where your business operates. This fulfills the requirement that your registered agent be present and authorized to do business within the state of Hawaii.
If you choose to use a commercial registered agent service, the service may be authorized to do business in more than one state, but they will provide a state-specific address for which to receive important documents. This could potentially result in a smoother process since you’ll only have a single vendor relationship to maintain, while still fulfilling the requirement to have a separate agent (and registered agent address) in every state.
Do Hawaii nonprofits need registered agents?
Yes, all formal business entities in Hawaii—including nonprofit corporations, professional corporations, limited liability companies, limited partnerships, and limited liability partnerships—must designate a registered agent.
How long does it take for Hawaii to process a registered agent change?
The Hawaii Department of Commerce and Consumer Affairs generally processes business entity forms within five days. You may also file any relevant business forms, including registered agent change forms, online, which may result in a quicker turnaround time.
If my Hawaii registered agent service receives a lawsuit, how quickly will I be notified?
When your company is served with a lawsuit or other critical notification, you want the person or business serving as your registered agent to notify you as quickly as possible. When you choose LegalZoom as your Hawaii registered agent service, you’ll get instant notifications of all important documents, including lawsuits, along with anytime digital access, so you can review and respond immediately.