Navigating the regulatory landscape for businesses in Hawaii requires diligence, especially when it comes to filings with the Department of Commerce and Consumer Affairs (DCCA) Business Registration Division. For corporations, LLCs, and partnerships registered in the State of Hawaii, adhering to annual reporting requirements and managing necessary changes are crucial for compliance. Understanding these processes can be simplified with the right guidance, and that’s where expert partners become invaluable. This guide outlines essential DCCA filings, ensuring your business remains compliant and focused on growth.
Understanding Hawaii’s DCCA Business Registration Requirements
The DCCA Business Registration Division mandates that registered business entities in Hawaii file annual reports or statements. These filings are public records, providing transparency about your business’s operational status, though they do not include sensitive financial details. While annual report filings may have specific windows, understanding the broader spectrum of filings is essential for proactive business management.
Addressing Changes to Your Business Information
Businesses evolve, and the DCCA provides mechanisms to update your registered information efficiently. Several forms cater to different types of changes, ensuring accuracy and legal compliance.
Updating Addresses
Maintaining accurate mailing and principal addresses with the DCCA is straightforward. The Address Change Form (ADD) facilitates these updates. This form is readily accessible online, streamlining the process. Address changes can also be conveniently incorporated when filing your annual report, offering a dual-purpose approach to compliance.
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Modifying Officer, Director, Member, or Manager Details
Changes in leadership or management roles require formal updates with the DCCA. The Officer/Director/Member/Manager Changes Form (ODC) serves this purpose. It’s important to note the associated filing fees for such changes. Similar to address updates, these modifications can also be managed concurrently with your annual report filings.
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Altering Your Corporate Name
For domestic profit corporations seeking a name change, the Articles of Amendment to Change Corporate Name Form DC-2 is necessary. This filing, accompanied by the applicable fees, officially updates your corporation’s legal name with the DCCA. It’s important to note that this specific form is not applicable to Foreign Limited Liability Companies (LLCs).
Dissolving a Domestic Profit Corporation
When dissolving a domestic profit corporation in Hawaii, the Articles of Dissolution Form DC-13 must be filed. This formalizes the corporation’s dissolution with the DCCA, again requiring adherence to fee structures. This form is also not designed for Foreign Limited Liability Companies (LLCs).
Name Amendments for Domestic Nonprofit Corporations
Domestic nonprofit corporations changing their name utilize the Articles of Amendment to Change Corporate Name Form DNP-2. This mirrors the process for profit corporations, ensuring name changes are legally recorded with the DCCA and subject to relevant fees. This form is not applicable to Foreign Limited Liability Companies (LLCs).
Dissolving a Domestic Nonprofit Corporation
The dissolution of a domestic nonprofit corporation is formalized through the Articles of Dissolution Form DNP-7. Filing this form with the DCCA, along with the required fees, officially dissolves the nonprofit entity. This form is not applicable to Foreign Limited Liability Companies (LLCs).
Withdrawing a Foreign Corporation
Foreign corporations withdrawing their registration in Hawaii must file the Application For Withdrawal Form FC-4. This process, including fee payment, ensures the corporation is properly removed from the Hawaii business registry. This form is not applicable to Foreign Limited Liability Companies (LLCs).
LLC Name Changes
Limited Liability Companies (LLCs) modifying their name in Hawaii file the Articles of Amendment to Change Limited Liability Company Name Form LLC-2. This action, with the necessary fees, legally changes the LLC’s name with the DCCA. This form is not applicable to Foreign Limited Liability Companies (LLCs).
Terminating an LLC
To formally terminate an LLC in Hawaii, the Articles of Termination Form LLC-11 is required. Filing this form and paying the associated fees completes the LLC’s termination process with the DCCA. This form is not applicable to Foreign Limited Liability Companies (LLCs).
Cancelling a Foreign LLC
Foreign Limited Liability Companies (LLCs) seeking cancellation in Hawaii utilize the Application for Certification of Cancellation Form FLLC-2. This form, along with fee remittance, ensures the foreign LLC is correctly cancelled within the state’s registry.
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General Partnership Name Changes
Changing the name of a General Partnership requires filing the Partnership Change Of Name Statement Form GP-2. This filing, accompanied by the appropriate fees, updates the partnership’s name with the DCCA. This form is not applicable to Foreign Limited Liability Companies (LLCs).
Dissolving a General Partnership
The General Partnership Dissolution Statement Form GP-4 is used to dissolve a General Partnership in Hawaii. Filing this form and paying the necessary fees formalizes the partnership’s dissolution with the DCCA. This form is not applicable to Foreign Limited Liability Companies (LLCs).
Limited Partnership Name Amendments
For Domestic Limited Partnerships or Domestic Limited Liability Limited Partnerships changing their names, the Certificate of Amendment of Limited Partnership Name Form LP-2 is required. This filing, with associated fees, updates the partnership’s name with the DCCA. This form is not applicable to Foreign Limited Liability Companies (LLCs).
Terminating a Limited Partnership
Terminating a Domestic Limited Partnership or a Domestic Limited Liability Limited Partnership involves filing the Statement of Termination of Limited Partnership Form LP-4. This action, along with fee payment, completes the partnership’s termination with the DCCA. This form is not applicable to Foreign Limited Liability Companies (LLCs).
Limited Liability Partnership Name Changes
Domestic Limited Liability Partnerships changing their name file the Statement of Amendment for Name Change Form LLP-2. This filing, with the required fees, updates the LLP’s name with the DCCA.
Voluntarily Cancelling LLP Status
To voluntarily cancel the limited liability status of a Domestic Limited Liability Partnership, the Statement of Amendment for Status Cancellation Form LLP-2 is used. Filing this form and paying the associated fees formalizes this status change with the DCCA.
Foreign Limited Partnership Name Changes
Foreign Limited Partnerships or Foreign Limited Liability Limited Partnerships changing their names in Hawaii file the Certificate of Change of Foreign Limited Partnership Name Form FLP-2. This filing, with applicable fees, updates the partnership’s name with the DCCA. This form is not applicable to Foreign Limited Liability Companies (LLCs).
Reserving a Business Name
To reserve a business name prior to formal registration, the Application for Reservation of Name Form X-1 is utilized. This reservation, upon approval and fee payment, holds the name for 120 days. This form is not applicable to Foreign Limited Liability Companies (LLCs).
Transferring a Name Reservation
The Transfer of Name Reservation Form X-2 allows for the transfer of a reserved business name to another party. This process, involving fee payment, facilitates the transfer of name rights within the DCCA system. This form is not applicable to Foreign Limited Liability Companies (LLCs).
Withdrawing a Foreign Partnership
Foreign Partnerships withdrawing from Hawaii must file the Application for Foreign Partnership Withdrawal Form X-6. This filing, with associated fees, ensures the partnership is properly withdrawn from the state’s registry. This form is not applicable to Foreign Limited Liability Companies (LLCs).
Changing a Registered Agent
Updating a registered agent requires filing the Statement of Change of Registered Agent Form X-7. This form, along with fee payment, officially changes the registered agent on record with the DCCA.
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Updating Non-Commercial Registered Agent Details
Changes to the business address or name of a non-commercial registered agent are managed through the Statement of Change of Non-commercial Registered Agent’s Business Address or Name Form X-8. This filing, including fee payment, updates the agent’s details with the DCCA.
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Registered Agent Resignation
A registered agent resigning their role must file the Statement of Resignation of Registered Agent Form X-9. This formalizes the resignation with the DCCA, subject to applicable fees.
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Commercial Registered Agent Termination
For commercial registered agents ceasing operations in Hawaii, the Commercial Registered Agent Termination Statement Form X-13 is required. This filing, with associated fees, informs the DCCA of the agent’s termination of commercial registered agent services in the state.
Commercial Registered Agent Changes
Commercial registered agents updating their name, address, entity type, or jurisdiction file the Statement of Change by Commercial Registered Agent Form X-14. This filing, with necessary fees, updates the commercial registered agent’s information with the DCCA.
Partnering for DCCA Filing Success
Navigating the intricacies of Hawaii’s DCCA business filings can be complex. Engaging with expert partners, like Sbhb Partners, can significantly streamline this process. SBHB Partners offers comprehensive support in understanding requirements, completing necessary forms accurately, and ensuring timely submissions. By leveraging expert guidance, businesses can confidently manage their DCCA obligations, maintain compliance, and focus on their core operations. For businesses seeking clarity and efficiency in managing their Hawaii DCCA filings, partnering with knowledgeable professionals is a strategic advantage.
