How to Register a Business Name in Hawaii
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A business name can be registered in Hawaii in three different ways. You can create a separate legal entity by forming an LLC or Corporation. Alternatively, you can start as a sole proprietor or general partnership and register your business name by filing a DBA name (sometimes referred to as a Trade Name). If you want to register your business name across the United States and have extra legal protections you also want to consider filing a federal trademark.
Registration of your Hawaii business name should be completed prior to most other business filings like:
- Registering with the Hawaii Department of Taxation (DOTAX) for Hawaii General Excise Tax (GET) or a withholding (WH) account number
- Completing employer registration with the Hawaii Department of Labor and Industrial Relations (DLIR) to pay unemployment taxes on employee wages
- Acquiring necessary permits and licenses from the Professional and Vocational Licensing Division (PVL)
- Applying for a Federal Employer Identification Number (FEIN) from the IRS
- Setting up a business bank account
How much does it cost to Register a Business Name in Hawaii?
The cost to register a Hawaii business name varies depending on the type of registration:
- Hawaii LLC cost: $50
- Hawaii Corporation cost: $51
- Hawaii DBA cost: $50
Steps to Registering a Business Name in Hawaii:
1. Check Business Name Availability
Before you jump into registering your company name, you need to do a few searches to check if you can and should use the name you’ve picked. Make sure the name you want is available and isn’t too similar to other Hawaii businesses. Doing this helps you avoid issues that confuse your customers, cause legal issues, or result in your name registration getting rejected. To do this the right way, you should do three different searches:
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Start your Hawaii business name search with the help of professionals.
Trademark Search
A trademark search is the first search to verify your business name’s availability. Trademark searches should be done first because trademarks supersede state or local registrations. If you do find that your business name is potentially trademarked you should choose a new name. Using a name that has potential trademark conflict can result in major problems in the future that can be very costly and may force you to change your business name anyway.
The U.S. Patent and Trademark Office (USPTO) manages federal trademarks. To search their database, visit the Trademark Electronic Search System (TESS) page. If you find the results from a TESS search hard to understand, we suggest using the Free Trademark Search from Trademark Engine, providing results in an easier-to-use way and searches within trademark filings and not just the filing name.
Hawaii Business Name Search
After ensuring that you won’t face issues related to a trademark, it’s time to move on to a Hawaii business name search. Search the database of businesses registered using the Hawaii Business Entity & Documents Search.
Remember, a thorough search goes beyond just searching for an exact match of your business name. Experiment with different search variations, incorporating partial name components or wildcard characters. If your business name resembles an existing business, it could lead to your Hawaii business name registration getting rejected.
Pro Tip: Don’t overlook the history of the business name you intend to use, even if it currently appears available. Opting for a previously registered name can significantly complicate obtaining an EIN.
Choosing a name that’s been registered before often triggers the IRS’ EIN online assistant to reject your application due to reference number 101. This problem occurs when your chosen name matches or closely resembles a name that’s already been assigned an EIN. While you can still get an EIN issued when a 101 error happens, you’ll be required to call the IRS and fax the formation paperwork for your business to an IRS agent. This often takes at least an hour on the phone and requires that you have access to a fax system. Unless you’re okay with the process taking potentially hours of your time rather than the 10 minutes or less that the normal online process takes, use a different name for your company.
Website Domain Search
For most businesses, you also want to check if the website domain name matching your business name is available. If you have no plans for a website, you should still try to purchase your business’ matching domain name. This will prevent others from using it or competitors from snatching it up. You can also make your business more credible if you own a domain name, so you can use an email address with your business name in it.
Domain Name and Business Email
You can use Namecheap to verify if your domain name is available. They also offer a business email service that’s free to try for the first 60 days when you purchase a domain.
2. Choose a Business Structure
When you start registering your business name in Hawaii, you must determine the appropriate business structure before filing. The specific filing process you’ll need to complete will differ depending on your chosen business structure. It also has ramifications beyond registration and impacts aspects such as personal liability protection, ease or difficulty for obtaining financing, and how business income can be taxed. You should consider variables like the number of owners (both now and in the future), the amount of capital you’ll need, your stance on personal liability exposure, and tax preferences. If you can’t decide based on the information provided below, our guide Choosing a Business Structure covers this decision in much more detail.
Recommended Business Structure:
For a new business, going the LLC route is highly recommended. Why? With an LLC you have limited personal liability, unlike sole proprietors and general partnerships, and you’re spared the complex double taxation rules that corporations contend with.
You can use an LLC formation service to ensure your LLC is formed properly. If that’s the route you go, we’ve reviewed the best LLC services to save you time finding the right one.
LLC
An LLC, short for Limited Liability Company, is business entity under Hawaii law (HI Revised Stat. § 428) that is recognized as separate from its owners. As a result, the owners have personal liability protection. LLCs provide both tax and management flexibility.
Learn More: What is an LLC
LLC Pros
- Personal liability protection
- Legally separate entity
- Default pass-through taxation (business income taxed once)
- Unlimited number of owners (members)
- Flexible management – can be run by members or non-owner managers
- Option for S-Corp tax status
LLC Cons
- Upfront filing costs
- Ongoing cost and filings to stay compliant
- Unable to go public
Do you need to register to be an LLC in Hawaii?
Yes, legally becoming an LLC in Hawaii requires registration through the Hawaii Business Registration Division.
Corporation
A corporation is a legally independent business entity under Hawaii law (HI Revised Stat. § 414). Stockholders own it, with limited liability. It’s a solid option for raising external funds and businesses that may consider going public in the future.
Learn More: What is a Corporation
Corporation Pros
- Personal liability protection
- Legally separate entity
- Unlimited number of owners (shareholders)
- Easier to raise capital by selling stock
- Able to go public
- Option for S-Corp tax status
Corporation Cons
- Default double taxation
- Upfront filing costs
- Ongoing costs and filings to stay compliant
- Increased record keeping requirements
- Strict management structures set by law
Do you need to register to be a Corporation in Hawaii?
Yes, to be legally acknowledged as a Corporation in Hawaii, you’ll need to register with the Hawaii Business Registration Division.
Sole Proprietor
A sole proprietorship is a basic one-owner setup. Start easily with a few registrations. It doesn’t establish a separate entity so the owner has unlimited personal liability.
Learn More: What is a Sole Proprietorship
Sole Proprietor Pros
- Easy and inexpensive to start
- Simple taxes (business income taxed once)
- Easy to maintain
- Complete control for owner
Sole Proprietor Cons
- Unlimited Liability Risk
- Hard to raise money and get loans
- Not separate from owner
- Difficult to sell business
- No other tax status options
Do you need to register your sole proprietor business name in Hawaii?
Sole proprietors in Hawaii aren’t legally required by the state to register their business name. However, if you want to open a separate business bank account under a business name different from your full name (first and last name) they’ll probably require proof of a registered “doing business as” (DBA) name.
Partnership
A partnership is a business with 2 or more owners who agree to work jointly together. Each partner has unlimited liability. Earnings or losses go directly to each partner, who report their portions on individual tax returns.
Learn More: What is a Partnership
Partnership Pros
- Easy and inexpensive to start
- Pass-through taxation (business income taxed once)
- Unlimited number of owners (partners)
- Shared business responsibilities
Partnership Cons
- Unlimited Liability Risk
- Responsible for partners’ actions
- Hard to raise outside capital
- Not separate from partners
- Difficult to sell business
- No other tax status options
Do you need to register your partnership business name in Hawaii?
General partnerships aren’t legally required by the state of Hawaii to register a “doing business as” DBA business name. But, if you want to open a bank account under a name that doesn’t include all of the partners last names, most banks will require proof of registration. The official term used by the state of Hawaii for DBAs is a Trade Name.
3. File your Hawaii Business Name Registration
You’ve ticked off name availability and structure selection. The next step is submitting your Hawaii business name filing. Below is the information on the registration process specific to each business structure. For clarity, sole proprietorships and partnerships will file their business name registration via a DBA filing.
Register a Hawaii LLC Name
To register an LLC in Hawaii, you need to file a formation document known as Articles of Organization (LLC-1) with the Hawaii Business Registration Division. This filing has a state fee of $50. In your Articles of Organization (LLC-1) submission you’ll include basic information about your business, including:
- LLC Name
- Information about the LLC members (owners) and managers (if applicable)
- Business Address (Must be a physical address – PO Boxes not allowed)
- Name and Address of your Registered Agent
Hawaii LLC Name Requirements
Hawaii LLCs must use a name that follows the naming rules outlined in Hawaii law (HI Revised Stat. § 428-105):
- Must be distinguishable (unique) from all others businesses registered with the Hawaii Business Registration Division
- Must clearly denote the business is legally structured as an LLC by including the words “limited liability company” or an abbreviation such as “LLC”
- Cannot use words or designators associated with Corporations such as “Corporation” “Incorporated” “Corp” or “Inc”
- Cannot contain words that imply association with a government entity
- Cannot contain words that are prohibited or require prior approval such as Financial Institution, Bank, Banker, Banking, Banc, Savings Bank, Savings and Loan, Savings Association, Financial Services Loan Company, Credit Union, Trust Company, Intrapacific Bank, International Banking Corporation, Trust, Olympic, Olympiad, Citius Altius Fortius, Insurance
For more in-depth information check out our How to Start an LLC in Hawaii guide, where we cover all the steps needed to form an LLC in full detail.
Want Help Starting a Hawaii LLC?
Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a Hawaii LLC.
Register a Hawaii Corporation Name
To get a Hawaii Corporation registered, you’ll need to file Articles of Incorporation with the Hawaii Business Registration Division. This filing costs $51 and you’ll need to include information about your business, such as:
- Corporation Name
- Names and addresses of the board of the directors
- Number and type of authorized shares
- Business Address (Must be a physical address – PO Boxes not allowed)
- Name and Address of your Registered Agent
Hawaii Corporation Name Requirements
Corporations in Hawaii are required to use a name that follows the rules detailed under Hawaii law (HI Revised Stat. § 414-51):
- Must be distinguishable (unique) from all others businesses registered with the Hawaii Business Registration Division
- Clearly indicate the business is legally structured as a corporation by including the words “Corporation” or “Incorporated” or use an abbreviation such as “Corp” or “Inc”
- Cannot use words or designators associated with LLCs such as “limited liability company” or “LLC”
- Cannot contain words that imply association with a government entity
- Cannot contain words that are prohibited or require prior approval such as Financial Institution, Bank, Banker, Banking, Banc, Savings Bank, Savings and Loan, Savings Association, Financial Services Loan Company, Credit Union, Trust Company, Intrapacific Bank, International Banking Corporation, Trust, Olympic, Olympiad, Citius Altius Fortius, Insurance
Want to Incorporate in Hawaii?
If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in Hawaii, which covers each step you’ll need to complete to start a Hawaii corporation.
Register a Hawaii DBA (Trade Name)
A Hawaii DBA (Trade Name) allows a business to operate using a business name that is different than their legal name. To register a Hawaii DBA you’ll need to complete an Application for Registration of a Trade Name and submit it to the Hawaii Department of Commerce and Consumer Affairs, along with the filing fee of $50. You’ll need to provide the following information:
- Name and address of Applicant(s)
- Business Name (Trade Name)
- Address where business is transacted
Hawaii DBA (Trade Name) Requirements
The rules for a Hawaii Trade Name (DBAs) are not quite as strict as they are for LLCs or Corporations, however there are still restrictions. Mainly, your DBA can’t include designators used for legal entities like “LLC” or “Inc” in the Trade Name. DBAs also can’t contain prohibited words or words that imply association with government entities.
Hawaii DBA Registration Assistance
Get help registering your Hawaii DBA with Swyft Filings. Packages starting at $99 (plus filing fees).
4. File a Trademark (Optional)
Business owners who want more control and protection over their Hawaii business name can opt to trademark their name. Trademarks offer federal-level protection that extends beyond state boundaries.
You can apply for a trademark online on your own but the overall process is complex and time-consuming. It usually takes around 7-9 months for a USPTO examining attorney to initially review your application. As a result, errors on the initial application can make the process take quite a long time.
Getting help from a qualified attorney or a dedicated filing service is a good idea if you want to make your trademark registration process smoother. They have the knowledge and expertise to save you time and simplify the application submission and follow-up procedures.
Trademark Filing Assistance
Ensure your trademark is filed properly with the help of the experts at Trademark Engine, who’ve helped file over 120,000 trademarks since 2016. Packages start at $99 (+USPTO fees).
Additional Business Resources in Hawaii
For more help, check out our How to Start a Business in Hawaii guide, or use these resources:
- Hawaii Secretary of State – Official government website for business registration info.
- Hawaii Department of Revenue – Tax information and resources for businesses in Hawaii.
- Hawaii Chamber of Commerce – Business networking, advocacy, and support organization.
- Hawaii SBDC – Provides free business counseling and resources.
- SCORE Hawaii – Nonprofit offering mentoring and educational resources.
- Hawaii Financing Resources – Information on business loans and financing options.