Establishment of Enterprises
In General
The initial consideration in establishing a new business is determining the
appropriate entity to meet your business needs. This section provides a summary
of the most prevalent business organizations under Hawaii law, including
corporations, limited liability companies, and partnerships.
The corporation remains the dominant form of business organization in the state,
but limited liability companies have become increasingly popular in recent
years. The formation, governance, and dissolution of corporations and limited
liability companies organized under Hawaii law are regulated by the Hawaii
Business Corporation Act (HBCA),1 based upon the Model Business
Corporation Act (2002), and the Hawaii Uniform Limited Liability Company
Act,2 respectively. Partnerships are governed under the Hawaii Uniform
Partnership Act3, and Hawaii Limited Partnership Act, respectively.4
The formation and filing requirements for the various entities are unique as
discussed below.
Lori M Hiraoka & Christopher P Aguilera, McCorriston Miller Mukai, MacKinnon LLP
Mary Beth M Wong & Aaron M Shumway, Ashford & Wriston LLLP
Ray K Kamikawa, Chun Kerr Dodd Beaman & Wong, LLLP
Lars Peterson, Law Office of Lars Peterson, LLLC
Richard M Rand, Marr Jones & Wang LLLP
Seth M Reiss, Seth M. Reiss AAL, ALLLC dba Lex-IP.com