FICTITIOUS BUSINESS NAME / TRADE NAME NOTICE

(State of Hawaiʻi – Hawaiʻi Revised Statutes Chapter 482)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation (Reserved)
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title

Fictitious Business Name / Trade Name Notice (the “Notice”)

1.2 Parties

a. Registrant: [LEGAL NAME OF REGISTRANT] (“Registrant”)
b. Trade Name: “[TRADE NAME / DBA]” (the “Trade Name”)

1.3 Recitals

A. Registrant desires to transact business in the State of Hawaiʻi under the Trade Name in accordance with Hawaiʻi Revised Statutes (“HRS”) Chapter 482.
B. Pursuant to HRS § 482-2 (application) and § 482-4 (duration; renewal), Registrant is obligated to register the Trade Name with the Hawaiʻi Department of Commerce & Consumer Affairs, Business Registration Division (“DCCA-BREG”) and to file timely renewals.
C. Where required, Registrant must also cause publication of this Notice in a newspaper of general circulation within the State of Hawaiʻi.

1.4 Effective Date

This Notice is effective as of [EFFECTIVE DATE] (the “Effective Date”).

1.5 Jurisdiction

This Notice is governed by the laws of the State of Hawaiʻi. Venue for any dispute arising hereunder shall lie exclusively in the courts of the State of Hawaiʻi located in [COUNTY], Hawaiʻi.

[// GUIDANCE: Insert county of principal place of business for venue.]

2. DEFINITIONS

For purposes of this Notice, the following capitalized terms have the meanings set forth below. Any term used but not defined herein shall be construed in accordance with HRS Chapter 482.

“Application” means the Trade Name registration application filed with DCCA-BREG pursuant to HRS § 482-2.

“Expiration Date” means the last day of the five-year registration term for the Trade Name, calculated from the Effective Date, unless earlier cancelled.

“Publish” or “Publication” means a single insertion of this Notice in a newspaper of general circulation in Hawaiʻi, or such alternative method of publication as may be permitted or required by applicable law.

“Renewal Window” means the period commencing six (6) months prior to the Expiration Date and ending on the Expiration Date, during which Registrant must file a renewal pursuant to HRS § 482-4.

3. OPERATIVE PROVISIONS

3.1 Registration Obligation
a. Registrant shall complete and file the Application with DCCA-BREG within ten (10) business days after the Effective Date.
b. Registrant shall pay all statutory fees and obtain the DCCA-BREG file number (“File No.”).

3.2 Publication Obligation
a. If Publication is required, Registrant shall Publish this Notice within thirty (30) calendar days after the Effective Date.
b. Registrant shall retain proof of Publication for a period of no less than five (5) years from the Effective Date.

[// GUIDANCE: As of drafting, Hawaiʻi has no statewide statutory publication requirement for trade names. Some local lenders or county agencies may request proof of publication as a matter of policy. Leave § 3.2 in place for optional compliance; strike if unnecessary.]

3.3 Renewal
Registrant shall file a renewal of the Trade Name during the Renewal Window to maintain the registration in good standing. Failure to renew will result in automatic cancellation on the Expiration Date.

3.4 Cancellation
Registrant may voluntarily cancel the Trade Name by filing a cancellation statement with DCCA-BREG.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority
Registrant represents that it has full legal power and authority to adopt and use the Trade Name in the State of Hawaiʻi.

4.2 Non-Infringement
Registrant represents that, to the best of its knowledge after due inquiry, the Trade Name does not infringe upon or otherwise violate any trademark, service mark, or trade name rights of any third party.

4.3 Compliance
Registrant warrants that all information provided in the Application and this Notice is true, complete, and not misleading.

4.4 Survival
The representations and warranties set forth in this Section 4 shall survive for the duration of the Trade Name registration and any renewal thereof.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants
a. Registrant shall promptly update DCCA-BREG of any material change in the information contained in the Application, including changes to the Registrant’s legal name, entity type, or principal place of business.
b. Registrant shall comply with all applicable federal, state, and local laws and regulations governing the use of the Trade Name.

5.2 Negative Covenants
Registrant shall not:
i. Use the Trade Name for unlawful purposes; or
ii. Assign or license the Trade Name except in accordance with HRS § 482-4.

6. DEFAULT & REMEDIES

6.1 Events of Default
The following constitute an “Event of Default”:
a. Failure to file the Application within the time required under Section 3.1;
b. Failure to Publish (if required) within the time required under Section 3.2;
c. Failure to renew during the Renewal Window; or
d. Breach of any representation, warranty, or covenant herein.

6.2 Notice & Cure
Upon an Event of Default, Registrant shall have ten (10) business days after receiving written notice to cure the default, where capable of cure.

6.3 Remedies
a. Administrative Consequences: DCCA-BREG may cancel or refuse to renew the Trade Name.
b. Judicial Relief: Any interested party may petition a court of competent jurisdiction for injunctive relief, damages, or such other remedy available at law or equity.
c. Costs & Fees: The prevailing party in any action or proceeding to enforce this Notice shall be entitled to recover reasonable attorney’s fees and costs.

7. RISK ALLOCATION (Reserved)

[// GUIDANCE: Metadata specifies that indemnification and liability caps are not applicable. Insert clauses here if client-specific circumstances warrant.]

8. DISPUTE RESOLUTION

8.1 Governing Law
This Notice shall be governed by and construed in accordance with the laws of the State of Hawaiʻi, without regard to its conflict-of-laws principles.

8.2 Forum Selection
The parties submit to the exclusive jurisdiction of the state courts of the State of Hawaiʻi located in [COUNTY], Hawaiʻi, for any dispute arising out of or relating to this Notice.

8.3 Arbitration & Jury Trial
Arbitration and jury trial waivers do not apply to this Notice.

9. GENERAL PROVISIONS

9.1 Amendments
This Notice may be amended only by a written instrument executed by Registrant and, where applicable, approved by the DCCA-BREG.

9.2 Assignment
Registrant may not assign rights or delegate duties under this Notice except as permitted under HRS § 482-4 and only upon filing the appropriate assignment with DCCA-BREG.

9.3 Severability
If any provision of this Notice is held unenforceable, the remainder shall remain in full force and effect.

9.4 Integration
This Notice, together with the Application and any attachments or schedules, constitutes the entire understanding with respect to the Trade Name and supersedes all prior or contemporaneous communications.

9.5 Counterparts & Electronic Signatures
This Notice may be executed in counterparts, each of which is deemed an original. Signatures delivered by facsimile, PDF, or other electronic means shall be deemed original and binding.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, Registrant has executed this Fictitious Business Name / Trade Name Notice as of the Effective Date.

[// GUIDANCE: Notarization is not required for the Hawaiʻi trade-name application; however, certain financial institutions may request a notarized copy of this Notice. Add acknowledgment block if needed.]

© [YEAR] [LEGAL NAME OF REGISTRANT]. All rights reserved.