LLC Name Reservation Requirements in Hawaii

At a glance

Requirements one by one

Applicant and name

HRS § 428-106(a) permits “a person” to seek the exclusive use of a domestic or foreign LLC name, expressly including a fictitious name when a foreign LLC's own name is unavailable. Section 428-101 defines a person to include an individual or entity. Section 428-106 does not specify a separate registered-series applicant route.

Under § 428-105, a domestic LLC name needs the “limited liability company,” “L.L.C.,” or “LLC” designator and English-alphabet letters. The same or substantially identical names listed there include existing domestic and authorized foreign entities, reserved names, approved foreign-LLC fictitious names, and registered trade names and marks. Written consent plus an added distinguishing word, a final judgment, merger, or reorganization can support the section's stated exceptions; they are not a determination that a particular proposed name is available.

Application, fee, and term

The applicant delivers an application to the director of commerce and consumer affairs stating the applicant's name and address and the proposed name (§§ 428-101, -106(a)). The currently linked agency Form X-1 also requests the business entity type and applicant status and has an authorized-signature line. The statute itself does not prescribe that form's paper format or a signer for the initial application.

HRS § 428-1301(a)(12) sets a $10 reservation fee, matching the current Form X-1. If the director finds the name available, § 428-106(a) reserves it for the applicant's exclusive use for 120 days from the filing date. That section gives no renewal procedure, advance filing window, renewed term, or repeat limit.

Transfer and cancellation

The owner transfers the reservation by delivering a signed notice to the director stating the transferee's name and address (§ 428-106(b)). The currently linked Form X-2 shows a $10 transfer filing fee; § 26-9(l)(1) allows the department to adjust administrative fees.

Section 428-106 does not specify a cancellation or revocation procedure. The department's current forms page supplies a separate no-fee cancellation letter for an entity holder. Check the corresponding individual-holder form if the applicant is an individual.

What trips people up

The 120-day period starts on filing, not on later notice of approval (§ 428-106(a)). A reservation holds a name in the state entity records; it does not itself form or qualify the LLC or decide trademark, domain, or actual-use rights. Section 428-105's consent and judgment exceptions concern use of a conflicting entity name and do not replace the director's availability finding on a reservation application.

Common questions

Can someone reserve a foreign LLC's fictitious name?

Yes. Section 428-106(a) expressly includes a fictitious name for a foreign LLC whose company name is unavailable.

Is renewal automatic after 120 days?

Section 428-106 states no renewal mechanism. Ask the filing office about any later application before relying on continued exclusivity.

Statutes and sources

The current official HRS § 428-106 supplies the application, term, and transfer rules. HRS § 428-105 supplies the name standard; § 428-1301 and § 26-9(l) address fees. The department's current forms list links the application, transfer, and cancellation forms. All sources were accessed September 23, 2026; the quoted passages appear in the source records above.