In the state of Hawaii, once a corporation has been created and registered with the state, they are required to file annual reports to the Business Registration Division of the Department of Commerce and Consumer Affairs. However, sometimes corporations may need to amend their Articles of Incorporation for various reasons. This article will outline the steps to amend a corporation's Articles of Incorporation in Hawaii.

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What are Articles of Incorporation?

Articles of Incorporation are legal documents that establish the creation and organization of a corporation. They contain essential information about the corporation, including its name, address, purpose, and the authority of its directors. Articles of Incorporation must be filed with the state where the corporation has been registered.

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Reasons to Amend Articles of Incorporation

There are several reasons for a corporation to amend its Articles of Incorporation in Hawaii, including changes to:

- the corporation's name

- the stated purpose of the corporation

- the corporation's registered agent or office address

- the number, class or designations of shares of stock

- the corporation's board of directors or officers

Steps to Amend Articles of Incorporation

To amend a corporation's Articles of Incorporation in Hawaii, follow these steps:

Step 1: Review the Current Articles of Incorporation

Before making any amendments, thorough review the current Articles of Incorporation to ensure that there are no problems or inconsistencies.

Step 2: Determine the Details of the Amendment

Determine the specific changes that need to be made in the Articles of Incorporation.

Step 3: Obtain Written Consent from Directors and Shareholders

Obtain a written consent from the corporation's Board of Directors authorizing the proposed amendment(s). In addition, obtain the consent of a majority of the shareholders entitled to vote.

Step 4: Draft a Certificate of Amendment

Draft a Certificate of Amendment and make sure that all the required information is included as per the Hawaii Business Corporation Act. Be sure to include:

- Name and date of the corporation

- Record identifier number from original articles of incorporation

- Specific changes that are being made to the articles of incorporation

- Mention of written consents of directors and shareholders

- Witness certificate

- Signed Accompanying Certificate of the Board of Directors

- Any Additional Provisions that are deemed necessary

Step 5: File Certificate of Amendment

File the Certificate of Amendment with the State Department of Commerce and Consumer Affairs. There is a fee associated with filing the amendment, so be sure to provide the necessary payment.

Final Words

It is important to keep in mind that staying in compliance is integral for the proper functioning of the corporation.Thus, ensure that all changes are legal and the solution to the issues before taking further actions. This guide outlines the general steps to amend the Articles of Incorporation. Corporations should seek legal assistance if complexities arise. With the right approach, a corporation's Articles of Incorporation in Hawaii can be successfully amended.

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