WEBVTT 00:00:00.221 --> 00:00:07.181 The 5 best registered agents in Hawaii in 2026 are Mainstay Filing, Northwest 00:00:07.225 --> 00:00:13.421 Registered Agent, HI Registered Agent.org, Bizee, and 00:00:13.512 --> 00:00:15.981 Hawaii Registered Agent.co. 00:00:15.981 --> 00:00:18.221 Welcome to The Business Formation Podcast. 00:00:18.381 --> 00:00:23.021 Hawaii. I'm guessing an agent has to be on the islands? 00:00:23.021 --> 00:00:28.541 Physically present, yes. A change of agent is $25, and the annual report is only 00:00:28.587 --> 00:00:33.741 $12.50 online, so the agent fee is the biggest recurring cost. 00:00:35.917 --> 00:00:37.181 What does the statute say? 00:00:37.181 --> 00:00:43.821 Section 428-107 says an LLC must continuously maintain a registered agent in Hawaii, 00:00:43.837 --> 00:00:45.341 with a business address here. 00:00:45.341 --> 00:00:46.461 Who can serve? 00:00:46.461 --> 00:00:51.581 An individual who lives in Hawaii, or a domestic or foreign entity authorized to do 00:00:51.634 --> 00:00:54.542 business in the state. We found no age rule. 00:00:54.542 --> 00:00:57.021 Can my own LLC be the agent? 00:00:57.021 --> 00:01:02.461 No. The Articles of Organization instructions say the company cannot be its own 00:01:02.505 --> 00:01:03.421 registered agent. 00:01:03.421 --> 00:01:05.821 And what does physically present mean? 00:01:05.821 --> 00:01:10.781 The state's FAQ says the agent must be authorized to transact business here and 00:01:10.832 --> 00:01:12.781 physically present in the state. 00:01:12.941 --> 00:01:17.021 The filing gives the street address of the agent's place of business, where papers 00:01:17.061 --> 00:01:17.821 can be delivered. 00:01:17.821 --> 00:01:20.541 I'm Maya, by the way, here with Dan. 00:01:20.541 --> 00:01:23.101 Thanks, Maya. Now the five. 00:01:24.407 --> 00:01:25.207 Number one? 00:01:25.207 --> 00:01:31.847 Mainstay Filing, $149 a year, the same $149 at renewal. 00:01:31.847 --> 00:01:32.967 What's in the plan? 00:01:32.967 --> 00:01:37.047 Its Hawaii address goes on the public record instead of yours. 00:01:37.138 --> 00:01:42.647 Papers served on the company are scanned and uploaded the same business day, no fee, 00:01:42.687 --> 00:01:46.647 and your first three government mailings a year are scanned free. 00:01:46.647 --> 00:01:48.407 Changing over from another agent? 00:01:48.407 --> 00:01:53.367 Mainstay files the change. The twenty-five dollar state fee is passed through at 00:01:53.463 --> 00:01:53.847 cost. 00:01:54.392 --> 00:01:55.686 The downside? 00:01:55.686 --> 00:02:01.287 Price. Two of the agents below it are $99, so it doesn't win on cost alone. 00:02:02.014 --> 00:02:03.054 Number two? 00:02:03.054 --> 00:02:06.814 Northwest Registered Agent, $125 a year. 00:02:06.934 --> 00:02:11.694 Its page says the price hasn't gone up in twenty years, and up to ten pieces of 00:02:11.754 --> 00:02:14.654 regular mail a year are scanned free. 00:02:14.654 --> 00:02:15.854 And the catch? 00:02:15.854 --> 00:02:21.854 You're auto-enrolled in its annual report filing service, $100 plus state fees per 00:02:21.934 --> 00:02:24.414 filing, until you cancel. 00:02:24.414 --> 00:02:26.414 Hawaii's report is cheap, isn't it? 00:02:26.414 --> 00:02:31.374 Twelve dollars fifty online. A hundred-dollar service fee on top of that is eight 00:02:31.467 --> 00:02:35.774 times the state's own charge, so cancel it unless you want it. 00:02:36.510 --> 00:02:38.110 Third? 00:02:38.110 --> 00:02:42.750 HI Registered Agent.org, $99 a year, the same at renewal. 00:02:42.950 --> 00:02:48.270 The address used on filings, same-day legal mail scanning and compliance reminders. 00:02:48.270 --> 00:02:49.150 What about switching? 00:02:49.150 --> 00:02:54.830 Costs just the $25 state fee. The catch is that annual report filing is a separate 00:02:54.890 --> 00:02:56.030 service. 00:02:56.030 --> 00:02:57.230 Compared with Mainstay? 00:02:57.230 --> 00:03:00.830 $50 a year less, $150 over three years. 00:03:03.070 --> 00:03:03.950 Four. 00:03:03.950 --> 00:03:09.710 Bizee, formerly Incfile. Free for the first year with a formation package, then $149 00:03:09.750 --> 00:03:11.470 a year, renewed automatically. 00:03:11.470 --> 00:03:14.190 What if I formed my Hawaii company on my own? 00:03:14.190 --> 00:03:18.030 There's no free year. You pay $149 from the start. 00:03:18.030 --> 00:03:20.750 Total over three years with a formation order? 00:03:20.750 --> 00:03:27.390 Free plus $149 plus $149 is $298. 00:03:28.181 --> 00:03:29.221 And the last? 00:03:29.221 --> 00:03:34.021 Hawaii Registered Agent.co, a flat $99. 00:03:34.121 --> 00:03:38.581 The office address, scanning of legal correspondence and reminders for state 00:03:38.661 --> 00:03:39.541 filings. 00:03:39.541 --> 00:03:40.981 Different from number three? 00:03:40.981 --> 00:03:44.421 Not on the listings. Same price, same catch. 00:03:45.133 --> 00:03:47.853 Does Hawaii treat professional agents differently? 00:03:47.853 --> 00:03:54.333 Yes. The law distinguishes commercial from noncommercial registered agents. 00:03:54.613 --> 00:03:58.893 A person becomes a listed commercial agent by filing a listing statement with the 00:03:58.960 --> 00:04:01.453 state, naming a place of business here. 00:04:01.573 --> 00:04:03.854 The listing fee is $100. 00:04:03.854 --> 00:04:06.334 What changes for me? 00:04:06.334 --> 00:04:11.534 A company using a commercial agent only has to state that agent's name on its 00:04:11.614 --> 00:04:15.774 filing. A noncommercial agent needs a name and address. 00:04:15.774 --> 00:04:18.814 Does the agent have to sign anything? 00:04:18.814 --> 00:04:24.254 No. Naming the agent is the company's affirmation that the agent agreed. 00:04:24.398 --> 00:04:27.534 Form X-7 has no agent signature. 00:04:28.269 --> 00:04:30.029 Where does the agent go at formation? 00:04:30.029 --> 00:04:35.069 Article 3 of the Articles of Organization, Form LLC-1. 00:04:35.229 --> 00:04:39.949 The fee is $50 plus a $1 State Archives fee. 00:04:39.949 --> 00:04:42.108 And a change later? 00:04:42.108 --> 00:04:46.189 Form X-7, the Statement of Change of Registered Agent by Entity. 00:04:46.296 --> 00:04:49.228 It's $25, nonrefundable. 00:04:49.228 --> 00:04:49.709 Online? 00:04:49.709 --> 00:04:54.589 Yes, it's on the state's list of forms you can file online through Hawaii Business 00:04:54.659 --> 00:04:56.990 Express, or you can file on paper. 00:04:56.990 --> 00:04:58.509 Who signs it? 00:04:58.509 --> 00:05:03.870 The company, certified by at least one manager of a manager-managed LLC, or one 00:05:03.927 --> 00:05:05.950 member of a member-managed LLC. 00:05:05.950 --> 00:05:08.669 Do the members vote? 00:05:08.669 --> 00:05:12.990 No. Interest holders need not approve, and it takes effect when filed. 00:05:14.429 --> 00:05:15.709 What if my agent quits? 00:05:15.709 --> 00:05:21.549 Form X-9, a Statement of Resignation of Registered Agent, also $25, signed by the 00:05:21.602 --> 00:05:23.549 agent. It can be filed online. 00:05:23.549 --> 00:05:25.309 When is it effective? 00:05:25.309 --> 00:05:29.869 On the earlier of the 31st day after filing or the appointment of a new agent. 00:05:30.029 --> 00:05:32.829 The agent has to promptly tell the company the date. 00:05:32.829 --> 00:05:35.149 Do they have to use a special letter? 00:05:35.149 --> 00:05:40.509 The instructions say the notice can be a letter, an email or other written form. 00:05:42.848 --> 00:05:45.168 What if papers can't be served on an agent? 00:05:45.168 --> 00:05:51.488 Under section 428-110, service can go to any registered agent, a manager of a 00:05:51.548 --> 00:05:57.248 manager-managed company, a member of a member-managed one, or a person in charge. 00:05:57.408 --> 00:06:02.128 If none is found, it can be served by registered or certified mail to the principal 00:06:02.197 --> 00:06:02.608 office. 00:06:03.452 --> 00:06:04.288 And dissolution? 00:06:04.288 --> 00:06:09.648 Failing to appoint and maintain an agent is a ground for administrative termination. 00:06:09.708 --> 00:06:14.288 The director mails notice of the grounds, and if it isn't fixed within sixty days of 00:06:14.338 --> 00:06:17.088 mailing, the company can be terminated by decree. 00:06:18.396 --> 00:06:20.236 What else does Hawaii want every year? 00:06:20.236 --> 00:06:24.636 The annual report, due by the end of the calendar quarter you registered in. 00:06:24.823 --> 00:06:28.916 It's $12.50 online and $15 on paper. 00:06:28.916 --> 00:06:31.036 Any help with remembering? 00:06:31.036 --> 00:06:35.516 Reports filed online can get free email reminders the following year. 00:06:35.516 --> 00:06:37.756 So the real yearly spend? 00:06:37.756 --> 00:06:42.956 With Mainstay, $149 plus $12.50 is 00:06:43.016 --> 00:06:48.556 $161.50. With a $99 agent, 00:06:48.596 --> 00:06:51.036 $111.50. 00:06:51.762 --> 00:06:53.842 Can I just be my own agent? 00:06:53.842 --> 00:06:57.282 If you live in Hawaii, yes. The cost is zero. 00:06:57.282 --> 00:06:58.402 The tradeoff? 00:06:58.402 --> 00:07:02.962 Filings are open to public inspection, and registry information can be viewed in the 00:07:03.015 --> 00:07:07.162 Business Name Search. So your agent address is findable. 00:07:07.162 --> 00:07:09.522 And if I'm often off island? 00:07:09.522 --> 00:07:12.962 Then you can't be physically present to receive a process server. 00:07:13.202 --> 00:07:16.242 A service that scans the same business day covers that. 00:07:16.990 --> 00:07:19.230 How should someone in Honolulu or Maui pick? 00:07:19.230 --> 00:07:25.550 Three things. Does the price hold next year, is there a real Hawaii address, and who 00:07:25.643 --> 00:07:27.631 files the $25 change. 00:07:27.631 --> 00:07:28.591 And your answer? 00:07:28.591 --> 00:07:34.271 Mainstay Filing. Our pick for Hawaii, at $149 a year. 00:07:36.758 --> 00:07:38.038 All five, one more time? 00:07:38.038 --> 00:07:43.158 One, Mainstay Filing: $149, same at renewal. 00:07:43.458 --> 00:07:49.798 Two, Northwest: $125, with the report service to cancel. 00:07:50.051 --> 00:07:56.678 Three, HI Registered Agent.org: $99 flat. 00:07:57.014 --> 00:08:02.998 Four, Bizee: free the first year with a formation order, then 00:08:03.058 --> 00:08:10.078 $149. Five, Hawaii Registered Agent.co: 00:08:10.141 --> 00:08:11.718 $99 flat. 00:08:11.718 --> 00:08:13.718 The links are in the show notes. 00:08:13.901 --> 00:08:17.558 Thanks for listening to The Business Formation Podcast.