Incorporating in Hawaii? Find out how to file the forms to register your business, how long it takes, information about fees, and more.
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by Jane Haskins, Esq.
Jane has written hundreds of articles aimed at educating the public about the legal system, especially the legal aspe...
Updated on: November 28, 2023 · 4 min read
When you form a corporation, you establish limited liability, which means that the corporation’s shareholders do not have personal liability for the corporation’s debts and obligations. A corporation’s limited liability may also help protect your personal assets if an employee is sued.
A corporation’s existence begins when you file articles of incorporation with the state. To form a corporation, you must file the articles of incorporation with the Business Registration Division of the Department of Commerce and Consumer Affairs and pay a fee.
The articles may contain many provisions, but they must contain the following:
A corporation can have different types of stock, called classes or series. These types of stocks can have different advantages. For example, one can offer voting rights while another may not. In regards to stock structure, the articles of incorporation must include the following information:
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Before you file articles of incorporation, you should research whether your proposed corporate name is available. You can conduct a preliminary search of registered business names on the Business Registration Division website. You can reserve a corporate name for 120 days by filing an application with the Business Registration Division. Your corporation name must meet the following requirements:
An incorporator is responsible for filing the articles of incorporation with the Business Registration Division. Incorporators’ names and addresses must be listed in the articles of incorporation.
When specifying incorporators, you must adhere to the following guidelines:
Specifying directors
Corporate directors determine corporate policies and strategies and are responsible for implementing them. Directors must exercise good business judgment and be diligent and prudent in managing the corporation’s affairs.
When specifying your corporation’s directors, you must adhere to the following guidelines:
A registered agent receives legal documents that are addressed to the corporation and forwards them to the corporation.
When specifying a registered agent for your corporation, you must adhere to the following guidelines:
Although some states require you to state your corporation’s purpose in the articles of incorporation, this is not required in Hawaii. Every Hawaii corporation has a purpose of engaging in any lawful business.
A corporation’s bylaws describe the way the corporation will operate. Bylaws are not filed with the state but are kept at the corporation’s place of business.
Bylaws include provisions for managing the affairs and regulating the business of the corporation. Typically, they establish the number of officers and directors and specify how directors’ and shareholders’ meetings will be conducted and how voting will occur.
When defining your corporation’s bylaws, you must adhere to the following guidelines:
The Business Registration Division of Hawaii requires a fee when filing articles of incorporation or reserving a corporation name. Corporations are also required to pay state and federal income taxes.
Ready to start a corporation in Hawaii? LegalZoom makes it possible to form a corporation online in Hawaii, including providing a registered agent.
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