Hawaii Fictitious Name Laws

Hawaii law restricts and prohibits your corporation from doing business under any name other than its complete corporate name UNLESS you first comply with the statutory process to register a fictitious name.

You must be certain to observe this restriction when advertising your business, executing documents, and any other activities related to the business of your corporation. Each document that you sign should be in the name of the Corporation. This is also important for assuring that corporate formalities are followed and to take away any argument that a creditor could use to attach your personal assets for liabilities that arise through the activities of your incorporated business.

Our Small Business Package contains the forms and instructions for registering your fictitious name under the laws of the state of Hawaii.

Hawaii Statutes state as following regarding registration of Fictitious Names:

44-1236. Certificate of name required A. Any person other than a partnership transacting business in this state under a fictitious name or a designation not showing the name of the owner of the business or the name of the corporation doing such business shall record with the county recorder of the county in which the place of business is located a certificate stating in full either: 1. The name of the owner of the business and his or her place of residence, signed by the owner and acknowledged. 2. If a corporation, the name and address of the corporation, signed by the statutory agent and acknowledged. B. A new certificate shall be recorded upon any change in ownership of the business using a fictitious name unless such business is a corporation. C. A new certificate shall be recorded if a corporation transfers the right to use such fictitious name to another corporation. D. A person or corporation doing business contrary to this section shall not maintain an action upon or on account of a contract or transaction made in the fictitious name in any court of this state until such person has first recorded the certificate required by this section.