| Legal term and requiring statute | Hawaii uses "registered agent". Under HRS chapter 425R (Registered Agents Act), an agent is either a "commercial registered agent" listed with the director under 425R-5, or a "noncommercial registered agent". HRS 428-107 requires every Hawaii LLC, and every foreign LLC authorized in Hawaii, to continuously maintain a registered agent in Hawaii. | data.capitol.hawaii.gov |
| Who can serve | The agent must have a business address in Hawaii and may be (1) an individual who resides in Hawaii, (2) a domestic entity authorized to do business in Hawaii, or (3) a foreign entity authorized to do business in Hawaii (HRS 428-107). The state's LLC annual report instructions (Form C5) add: "A domestic limited liability company cannot be its own agent." | data.capitol.hawaii.gov |
| Street address rule | Any address a chapter 425R filing requires must be "an actual street address or rural route box number in the State" (HRS 425R-3). BREG's FAQ says a registered agent "must be physically present in the State." | data.capitol.hawaii.gov |
| Changing the agent (form, fee, how) | File Form X-7, "Statement of Change of Registered Agent By Entity" (HRS 425R-7), revised 11/2025. The fee is $25 per affected entity, or $1 each when 201 or more are filed together. For an LLC it is signed by a manager (manager-managed) or a member (member-managed). Members and managers do not need to approve the filing. It takes effect on filing. BREG accepts paper filings by mail, fax, email or in person. The LLC annual report (Form C5) also lets you line out and change the agent. | cca.hawaii.gov |
| Fee confirmation | The BREG domestic LLC fee page lists: "Statement of Change/Resignation of Registered Agent, Limited Liability Company $25.00" ($25 more for expedited review), Commercial Registered Agent Listing Statement $100.00, and Commercial Registered Agent Termination Statement $25.00. | cca.hawaii.gov |
| Agent resignation is a separate filing | The agent files Form X-9, "Statement of Resignation of Registered Agent" ($25 per entity). It takes effect on the earlier of the 31st day after filing or the appointment of a new agent. The agent must promptly notify the entity, and may resign whether or not the entity is in good standing (HRS 425R-10, 428-109). | data.capitol.hawaii.gov |
| Consequence of no valid agent | The director may begin administrative termination of an LLC that fails to "appoint and maintain an agent for service of process" or to report a change in the agent's name or business address (HRS 428-809). The director mails a notice. If the LLC does not cure within 60 days, the director signs a decree of termination, and the LLC may then only wind up its affairs (HRS 428-810). The LLC can apply for reinstatement within 2 years (HRS 428-811). For a foreign LLC, the same failure is a ground to revoke its certificate of authority on 60 days' notice (HRS 428-1006). | data.capitol.hawaii.gov |
| Shown on the public business search? | Yes. BREG's FAQ says information filed about registered agents, officers, members and managers "is public and can be viewed by searching under the registered entity name in our Business Name Search" (Hawaii Business Express). Form instructions state: "ALL BUSINESS REGISTRATION FILINGS ARE OPEN TO PUBLIC INSPECTION (SECTION 92F-11, HRS)." | cca.hawaii.gov |
| If the agent can't be served | Process may be served on the registered agent, a manager (manager-managed), or a member (member-managed) found in the jurisdiction. If none of them can be found, it may be served on any person found in charge of the LLC's property, business or office. If no one can be found in Hawaii and there is no agent on file, or the named agent is not in Hawaii, service may be made by registered or certified mail to the LLC's principal office (HRS 428-110). | data.capitol.hawaii.gov |
| Commercial registered agent listing | A person or entity in the business of serving as a registered agent can list as a Commercial Registered Agent by filing Form X-11 (Commercial Registered Agent Listing Statement, $100 under HRS 425R-2). An LLC that uses a listed commercial agent names only the agent. The listing deletes the agent's address from each represented entity's filing, and the address on the listing is used instead (HRS 425R-4(a)(1), 425R-5(d)). Terminating the listing (Form X-13) costs $25 and takes effect on the 31st day after filing. | data.capitol.hawaii.gov |
| No separate agent signature: appointment is the affirmation | In Hawaii the new agent does not sign an acceptance. Naming the agent in a filing "is an affirmation by the represented entity that the agent has consented to serve as such" (HRS 425R-4(b), 425R-7(c)). Form X-7 prints this statement. | data.capitol.hawaii.gov |
| Office title as agent | Instead of naming a person or company, a Hawaii entity with no commercial registered agent may name the title of an office or position within the entity (for example, a manager). Service then goes to whoever holds that position at its Hawaii business office (HRS 425R-4(a)(2)(B)). | data.capitol.hawaii.gov |