Hawaii Amendment
Companies sometimes come to a point when they ask themselves if it is time to make some changes. Although the decision may be hard, it may be a way to help grow the business. In such cases, it is important for a business owner to be ready to handle the changes and ensure that everything is well-documented.
What is A Hawaii Amendment?
Filing an amendment refers to the process that a company based in Hawaii needs to go through in order to make major changes in its organization. It includes the filing of the proper paperwork with the state.
Reasons Why You Need To File An Amendment
Any changes to the information that you originally listed on your company’s Articles of Incorporation/Organization must be reported to the state. An amendment is necessary if the changes will affect the formal entity structure of your organization.
A. Changing The Company Name –
- LLCs
If your LLC decides to operate under a new name, you will have to inform the state. You can do this by filing an amendment form. After this, you will also have to update the records of your company with the state and government.
- Corporations
There are certain cases when a corporation decides to change its company name. If this happens, you will have to file an amendment with the state. Additionally, you will also need to update official and legal records with the government.
B. Changing Members Of The Business –
- LLCs
Your LLC is registered with the state. It is necessary for you to report information related to the members and/or managers of your company. If there are changes in the names, address, and contact information, inform the state. However, you cannot do this through an amendment. LLCs can make these specific changes in the Hawaii Business Express (HBE) portal or on the company’s annual report.
- Corporations
Hawaii does not allow corporations to make changes to the names, contact information, and addresses of officers and directors using an amendment. If there are changes to these pieces of information, you can report them in your annual report.
C. Changing Address Related To The Business –
- LLCs
Sometimes, it may be necessary to move the office location of your LLC. When this happens, it is your responsibility to inform the state. However, Hawaii does not allow you to use the amendment form for this. You can change the principal office and/or mailing address of your LLC on the HBE portal or your annual report.
- Corporations
The same thing is true for corporations. You cannot use an amendment to update the principal office and/or mailing address of your company in Hawaii. You can make the changes in your annual report. Another way is to file a Change of Address form.
D. Changing Contact Information –
- LLCs
As a registered company, your LLC has to make sure that the state knows how to reach you. The point of contact for the state with your company is the registered agent. So, inform the state if there are any changes on the contact details of your LLC’s registered agent by filing a Statement of Change of Registered Agent by Entity. You may also choose to update the changes on your annual report.
- Corporations
Hawaii corporations have to do the same. Keeping the state up-to-date about your company’s contact information will help make sure that you receive all legal queries. If the changes are related to your corporation’s registered agent, use the Statement of Change of Registered Agent. Another option is to update the information on your annual report.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue – Since LLCs in Hawaii cannot issue stock, only corporations have to worry about this change. If your company decides to change the number of shares that it is authorized to sell, file an amendment to inform the state of your plan.
What Is Needed To File An Amendment?
LLC
To amend your Articles of Organization, you will have to submit a completed Articles of Amendment of Limited Liability Company to the Business Registration Division of the Department of Commerce. If you wish to change the name of your LLC, use the Articles of Amendment to Change Limited Liability Company Name. You can file the proper form by mail, fax, or in person. Hawaii requires businesses to use black ink on the forms. Be sure to include at least $25 for the filing fee.
Corporation
Hawaii corporations need to complete the Articles of Amendment and file it with the Business Registration Division of the Department of Commerce. You can do this by mail, fax, or in person. If you have to file the changing of your company name, use the Articles of Amendment to Change Corporate Name. Make sure you only use black ink. The filing of an amendment comes with a $25 fee.
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of paperwork. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to Hawaii business owners who need help in handling formalities to ensure compliance with the state.
Hawaii Amendment FAQs
The filing fee for an amendment is $25. An additional $25 is needed for expedited processing.
LLCs have to provide the following information:
- Name of the company
- Exact text of the amendment
- The original Articles of Organization
- Authorized signature
Corporations have to provide the following information:
- Name of the company
- Exact text of the amendment
- The adoption date
- Authorized signature
Normally, the Department of Commerce and Consumer Affairs take approximately 5 business days to process an amendment. You can expedite the process to 1-3 business days by paying an additional fee.
You can choose the method to receive the filed amendment. You can ask the department to return it to you by mail, fax, or email. You can also choose to pick the document up.
Hawaii Business Resources
Hawaii Office of Secretary of State
Phone Number:
(808) 586-2744
Address:
Department of Commerce and Consumer Affairs
PO Box 40
Honolulu, HI 96810