Register a Hawaii Foreign LLC
If your LLC is based in another state, but plans to do business in Hawaii, you’ll need to register it as a Hawaii Foreign LLC. To do this, your LLC will need to submit an Application for Certificate of Authority to Hawaii's Department of Commerce and Consumer Affairs and pay the state filing fee of $51 (the extra dollar is tacked on as a state archive fee).
Northwest can register your foreign LLC in Hawaii for just $225 + state fees. This includes the paperwork, registered agent service for a year, and a free trial of our identity services that take your business online. We’ll give you a custom domain name free for a year, plus 90 days free of our web hosting and security, business phone number and email address, and a local Hawaii business address. Plus you’ll get forever access to our attorney-drafted legal document templates, personal help from our Corporate Guides®, and Privacy By Default®.
Ready to Register a Foreign LLC in Hawaii?
GET STARTEDHow to Register a Foreign LLC in Hawaii
To register a foreign LLC, you have to go through a process called Foreign Qualification. In Hawaii, this means obtaining a Certificate of Authority. Here’s what you’ll have to do:
1. Appoint a Hawaii registered agent
If you intend to do business in the Aloha State, you’ll need a Hawaii registered agent. As the person or entity responsible for delivering service of process to your foreign LLC, your Hawaii registered agent must have a physical address in Hawaii. While this can be a friend or relative who lives in the state and is willing to do the job, many businesses choose to use a Registered Agent Service when doing business in another state.
You can, but you’d need to live and have an address (no P.O. boxes) in Hawaii. This is why most LLC owners who expand their business out of state higher a professional registered agent service that as an office in the foreign state or jurisdiction where the LLC will operate.
2. Obtain a Certificate of Good Standing
You’ll need to obtain a Certificate of Good Standing (also known as a Certificate of Existence) from your home state before applying for a Certificate of Authority in Hawaii. A Certificate of Good Standing shows that your business has paid taxes and filed all annual reports, which most states will want to know before authorizing an LLC to do business in their jurisdiction. Hawaii won’t accept certificates that are older than 60 days.
In most cases, you can obtain a Certificate of Good Standing by reaching out to your Secretary of State (or equivalent office) and paying a nominal fee.
3. Launch Your Business Identity
Once your business is up and running in the new state, you’ll want to be able to connect with the new market of consumers. Having a robust and localized digital presence can help build your business’ identity, which in turn will make your business seem more trustworthy and professional, even if you’ve only just started offering services/products. We can help you build a custom website that is securely hosted with an unique domain, plus give you a local phone number and up to ten email addresses to help establish your business in Hawaii.
Learn more about how to launch your business identity in a new state.
4. Complete the Application for Certificate of Authority
To register as a foreign LLC in Hawaii, you’ll need to submit an Application for Certificate of Authority for Foreign Limited Liability Company to Hawaii’s Department of Commerce and Consumer Affairs (DCCA). Here’s what it must include:
- Name of your LLC in your home jurisdiction
- Name of the jurisdiction where your LLC initially formed
- Mailing address of your LLC’s principal office
- Name and address of your registered agent in Hawaii (and state or county of formation, if your registered agent is a company that’s incorporated or organized elsewhere)
- LLC period of duration (if your LLC does not have a planned expiration date, select “at-will”)
- Management structure (either manager-managed or member-managed)
- Names and addresses of each manager or member (depending on your management structure)
- Whether members will be liable, won’t be liable, or will only be liable for specific debts, obligations and liabilities of the LLC—which you must list. (Tip: most LLCs skip this part).
- A viable Certificate of Existence (also called a Certificate of Good Standing) from your home jurisdiction
- Authorized signature of a manager or member (depending on your management structure)
If you choose to complete your application by hand, note that you must use black ink.
Ready to for some fun in the sun? You can Register Your Foreign LLC in Hawaii now with Northwest.
The Application for Certificate of Authority in Hawaii costs $50 plus a $1 State Archive Preservation Fee. Add $25 for expedited service (if necessary). If you require a certified copy of your Certificate of Authority, it’s $10.
Hawaii gives you almost unlimited options for filing your application. You can file online, by mail, in person, email, or fax.
Online:
eHawaii.gov
Mail:
Department of Commerce and Consumer Affairs
Business Registration Division
P.O. Box 40
Honolulu, HI 96810
In Person:
Department of Commerce and Consumer Affairs
Business Registration Division
335 Merchant Street, Room 201
Honolulu, HI 96813
Email:
[email protected]
Fax:
(808) 586-2733
No. You’ll only need to file Hawaii LLC Articles of Organization if you initially form your LLC in Hawaii. Your LLC’s articles should be filed and maintained in your home state.
5. Receive your Certificate of Authority
If your application is approved by Hawaii’s Business Registration Division, you will receive a stamped copy of your application and your Certificate of Authority by mail.
Hawaii will process online and in person in about 3 to 5 business days. Mail, email, and fax filings can take up to a week. You can add $25 for expedited state service. This speeds up the filing process to 24 hours for online and in person filings, and a few days for mail, email, and fax filings.
Hawaii Foreign LLC Registration FAQ
To amend your foreign LLC in Hawaii, you’ll have to submit a Correction Form to the Hawaii Department of Commerce and Consumer Affairs, Business Registration Division. The filing fee is $25.
In Hawaii, business entities must have the authority to transact business before they can legally operate. However, like many states, Hawaii’s statutes don’t clearly define what it means to transact business. Instead, HI Rev Stat § 414-431 lists various activities that do NOT qualify as transacting business (like maintaining bank accounts, and selling through independent contractors).
While the statutes don’t provide much clarity, the Department of Taxation in Hawaii requires businesses to register for the excise tax if they do certain activities. These activities include, but are not limited to:
- Wholesaling
- Retailing
- Farming
- Construction contracting
- Renting property
- Collecting business interest income
- Collecting royalties
For more, check out Northwest’s page: What Exactly Does “Doing Business” in Another State Mean?
Yes. Like any Hawaii LLC, your foreign LLC in Hawaii will have to file a Hawaii Annual Report.
Your foreign Hawaii LLC will be subject to Hawaii Taxes like any LLC that operates in the island chain. While the state does not have sales tax, you will have to pay the state’s 4% excise tax on all business activities.
To withdraw your foreign LLC in Hawaii, you’ll have to file an Application for Certificate of Cancellation and pay the associated $25 fee. Note that this only renders your company inactive in the state of Hawaii, and not its home state.
