A Hawaii Registered Agent serves as the official point of contact for a business entity in Hawaii, ensuring compliance with state regulations and facilitating communication with government agencies; delve deeper into their crucial role in maintaining your business's legal standing and peace of mind.
One of the things you’ll need to determine before filing your paperwork to form a limited liability company (LLC) in Hawaii is who will serve as your registered agent. The state requires every LLC to have one, but what is a registered agent? What are their duties, and what are the requirements to be one?
A registered agent is an individual or company designated by the entity to receive important legal documents on behalf of the business.
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 an LLC 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.
A Hawaii LLC or a foreign (out-of-state) LLC 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:
A business entity cannot act as its own agent.
You can legally serve as your own agent, as long as you are a resident of the state and are generally available during business hours.
There’s definitely a downside to serving as your own registered agent, which is why there are so many registered agent services to perform that function for you. Below are some reasons to consider hiring a service to act as a registered agent.
You’ll need to name your registered agent when you complete the official paperwork with the state to form your LLC, 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.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
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