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Guide to Writing Dc 13 Hawaii

After making the decision to dissolve a corporation in Hawaii, it's important to properly file the Articles of Dissolution to ensure a smooth closure of the business. The DC-13 form is the document used for this purpose. Once you’ve decided on the dissolution and have the approval from the shareholders, the next step is accurately completing and submitting this form. This guide aims to simplify that process, making sure you pay attention to each detail, thus preventing any unnecessary delays or issues. Remember, handling the dissolution process with care is crucial for a clean break and compliance with Hawaii state laws.

1. Collect all necessary information including the full legal name of the corporation, the date dissolution was authorized, how the dissolution was approved (meeting of the shareholders or unanimous written consent), and the effective date of the dissolution.
2. Prepare the filing fee of $25.00, ensuring the payment is made through acceptable means—CASH, CERTIFIED/CASHIER'S CHECK, BANK/POSTAL MONEY ORDER, or CREDIT CARD (VISA or MasterCard).
3. Fill out the form DC-13 by typing or printing legibly in black ink.
4. For Line 1, state the full name of the corporation.
5. In Line 2, indicate the date the dissolution was authorized.
6. On Line 3, check the appropriate box to denote if the resolution was approved at a shareholders' meeting or via unanimous written consent. Complete the section with the relevant details about the stock class or series, total number of shares entitled to vote, and the number of votes for and against the dissolution.
7. For Line 4, choose when the dissolution will take effect. It can be either upon the filing of these Articles of Dissolution or on a specified future date, not exceeding 30 days post-filing. Provide the exact date and time if a future date is selected.
8. Sign and date the form as the authorized officer of the corporation. Remember, the signature must be in black ink.
9. Review all the information on your completed DC-13 form to ensure accuracy and completeness.
10. Submit the form along with the filing fee to the Department of Commerce and Consumer Affairs by following the submission guidelines provided on the form. Make sure to address the payment to DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS.

After submitting the Articles of Dissolution, it's essential to keep a copy for your records. The process does not end with the filing; ensure you comply with any additional requirements, such as notifying creditors and settling debts. Dissolving a corporation is a significant step, requiring careful attention to legal and financial responsibilities. If you have any questions or require clarity on specific steps, consider reaching out to the Business Registration Division or consulting with a legal professional.

1. What are the acceptable forms of payment for the filing fee for FORM DC-13?

   The acceptable forms of payment are CASH, CERTIFIED/CASHIER'S CHECK, BANK/POSTAL MONEY ORDER, or CREDIT CARD (VISA or MasterCard). Personal or business checks are not accepted.

2. Is the filing fee for the FORM DC-13 refundable?

   No, the filing fee of $25.00 is nonrefundable.

3. Who needs to sign the FORM DC-13 Articles of Dissolution?

   At least one officer of the corporation must sign the FORM DC-13 Articles of Dissolution. The signature must be in black ink.

4. How is the dissolution of a corporation authorized?

   Dissolution can be authorized in two ways: at a meeting of the shareholders or by unanimous written consent of the shareholders. The requirements for approval differ based on the incorporation date; for those incorporated before July 1, 1987, a three-fourths majority of shares with voting power is needed, and for those after, a simple majority of the voting shares is required.

5. Can the effective date of dissolution be set for a future date?

   Yes, the dissolution can be effective on the date of filing or on a future date, provided it is not more than 30 days after the filing. The specific date and time must be clearly stated if opting for a future effective date.

6. What happens if a payment is dishonored?

   If a payment is dishonored, a dishonored check fee of $25.00 will be charged.

7. Who can I contact for more information or if I have questions about the FORM DC-13 or its filing?

   For questions or more information, you can call the Department of Commerce and Consumer Affairs at (808)586-2727. There are different contact numbers for neighbor islands, and special assistance requests can be addressed by calling the Division Secretary, Business Registration Division, DCCA, at 586-2744.

When completing the DC-13 form for the State of Hawaii, individuals often encounter several mistakes that can delay the processing of their dissolution paperwork. Recognized common errors include:

1. Incorrect Fee Submission: Applicants frequently overlook the instruction that personal or business checks are not acceptable. The form explicitly states that the filing fee, which is nonrefundable, must be paid only via cash, certified/cashier's check, bank/postal money order, or credit card (VISA or MasterCard).
2. Failure to Use Black Ink: The requirement to type or print legibly in black ink is often disregarded. This stipulation ensures clarity and legibility for official documentation.
3. Incorrect Effective Date: Some applicants mistakenly choose an effective date of dissolution that precedes the date of filing the Articles of Dissolution, contrary to guidelines that the effective date cannot be before the filing date.
4. Incomplete Shareholder Resolution Details: Omitting details about the shareholder resolution, such as failing to specify whether the resolution to dissolve was adopted at a meeting or by unanimous written consent, or not providing the required voting details.
5. Unsigned Documents: The Articles of Dissolution mandate the signature of at least one officer of the corporation. Missing signatures result in the rejection of the form.
6. Submission of a Dishonored Check for the Filing Fee: Despite the clear instruction that personal or business checks are not accepted, some individuals still submit them, incurring an additional dishonored check fee of $25.00 if the check is returned.
7. Failure to Adhere to Eligibility Requirements: Not all entities accurately assess their qualification for filing Articles of Dissolution, leading to submissions by corporations that have not met necessary preliminary criteria or failing to obtain requisite approvals.
8. Paying Attention to Detail: Foreign corporations often miss that this form is designated for businesses registered in Hawaii. As such, submissions by entities not governed by Hawaii's Department of Commerce and Consumer Affairs are incorrect.

It is imperative for corporations seeking dissolution to meticulously review and follow the instructions provided with the DC-13 form to avoid these common pitfalls.

When filing the DC-13 form in Hawaii for the dissolution of a corporation, it's crucial to take a holistic approach to ensure compliance with all legal requirements. Besides the Articles of Dissolution, there are several other forms and documents you might need to consider to complete this process efficiently and in accordance with the law. Here is an overview of four such documents:

• Annual Report: Prior to dissolution, a corporation should be up to date with its annual reporting obligations. This report provides a snapshot of the corporation's activities, structure, and financial status within a given year, and is essential for maintaining good standing with the state.
• Notice of Dissolution: Once the dissolution process initiates, the corporation is required to notify its creditors and stakeholders. This document outlines the corporation's intent to dissolve and provides necessary instructions or information to creditors for submitting claims against the corporation.
• Tax Clearance Certificate: An essential document proving that the corporation has settled all its tax liabilities. In Hawaii, obtaining a tax clearance certificate from the Department of Taxation—and, for some corporations, from the Internal Revenue Service (IRS)—is mandatory to finalize the dissolution process.
• Final Form G-45 (General Excise/Use Tax Return): This form is specific to Hawaii's tax obligations and must be filed to report the corporation's final taxable activity. Completing this step is critical to ensure that all general excise or use taxes have been properly addressed before dissolution.

Managing each of these documents along with the DC-13 form constitutes a comprehensive approach to legally dissolving a corporation in Hawaii. It's important for the involved parties to meticulously prepare and submit each required document, adhering to the state's regulations and timelines. Doing so not only facilitates a smoother dissolution process but also helps in preventing potential legal complications post-dissolution.

The DC 13 Hawaii form, which outlines the procedures for submitting Articles of Dissolution for a corporation, shares similarities with other crucial business documentation, specifically focusing on the formal requirements and processes for altering a business's status. These documents typically require detailed information about the business, including its official name, decisions made by shareholders or members, and a resolution outcome. Additionally, these documents mandate specifying the effectivity date of the action taken, whether immediate or scheduled for the future, and adhere to strict submission and payment guidelines.

Similar to the Articles of Incorporation, the DC 13 Hawaii form necessitates specific details about the corporation at the time of its dissolution, mirroring the incorporation process but in reverse. The Articles of Incorporation require details such as the corporation's name, purpose, initial directors, and address, alongside the shareholder structure. Both documents mandate signatures from authorized corporation officers and involve a non-refundable filing fee. The process of outlining shareholder consent is also parallel, underlining the democratic approach in major corporate decisions in both inception and dissolution phases.

Matching closely with Annual Reports, the DC 13 Hawaii form shares the characteristic of updating governmental bodies about significant corporate developments. Annual Reports usually contain information about the corporation's current officers, addresses, and sometimes financial health, to keep the records updated. Like the DC 13 form, filing Annual Reports often comes with a set deadline and fee, underlining the importance of timely compliance with state requirements to maintain good standing. Additionally, failure to submit either document could result in penalties or, in the case of dissolution documents, delay the official termination of the corporation.

In essence, while each document serves a distinct purpose in a corporation's lifecycle—from inception to regular updates and eventual dissolution—the formats and requirements demonstrate a uniform approach to business governance, reflecting a system that values clarity, record-keeping, and procedural adherence for corporate activities.

When you're getting ready to fill out the DC-13 form for the state of Hawaii, taking the right steps can make the process smoother and ensure your submission is correct. Here’s a list of dos and don'ts to guide you through filling out this important document.

• Do type or print legibly in black ink. This ensures the information is clear and readable, which is essential for official documents.
• Do check whether the dissolution resolution was adopted at a shareholder meeting or by unanimous written consent. Understanding the method of approval used is crucial for accurately completing the form.
• Do pay the filing fee with an acceptable form of payment. Remember, personal or business checks are not accepted. Use cash, certified cashier's check, bank/postal money order, or a credit card (VISA or MasterCard).
• Do ensure the dissolution date is not set before the date of filing. This is important because the effective date of dissolution cannot precede the date the form is filed.
• Don't forget to sign the form. It must be signed by at least one officer of the corporation, and the signature should be in black ink.
• Don't overlook the need for the signature to be under the penalties of Section 414-20, Hawaii Revised Statutes. This certifies that the information provided is true and correct.
• Don't ignore the instructions on the reverse side of the form. They offer valuable guidance for correctly completing and submitting the form.
• Don't delay contacting the Department of Commerce and Consumer Affairs if you have any questions or need clarification. Help is available via phone or email, ensuring you have support during the filing process.

Keeping these pointers in mind will help you complete the DC-13 form accurately and efficiently, moving you one step closer to successfully dissolving a corporation in Hawaii.

Understanding the DC-13 form in Hawaii, used for articulating the Articles of Dissolution for corporations, is crucial for those navigating corporate dissolution processes. However, several misconceptions can complicate its application. Here's a breakdown of common misunderstandings:

• Personal and Business Checks are Acceptable for Payment: Contrary to this belief, the form clearly states that personal or business checks are not acceptable forms of payment. Payments must be made via cash, certified/cashier's check, bank/postal money order, or credit card (VISA or MasterCard).

• Filing Fee is Refundable: Many might think the filing fee is refundable. However, the form specifies that the $25.00 filing fee is nonrefundable under any circumstances.

• Dissolution is Immediate upon Filing: The misconception here is that dissolution takes effect immediately upon filing the Articles of Dissolution. In reality, the effective date can be either the date of filing or a later date specified in the form, not exceeding 30 days from the filing date.

• Electronic Signatures are Permitted: Despite the growing acceptance of electronic signatures, this document mandates that the signature be in black ink, implying physical signing is required.

• Any Corporate Officer Can Sign: The document must be signed by at least one officer of the corporation, but it is often misunderstood that any officer can sign without proper authorization. The signer must be duly authorized to execute the document on behalf of the corporation.

• No Need for Shareholder Approval: Another common misunderstanding is thinking the dissolution doesn't need shareholder approval. However, the form requires indicatation of whether the dissolution was approved at a shareholder meeting or by unanimous written consent.

• All Corporations Follow the Same Voting Requirements: The form delineates different voting requirements for corporations incorporated before and after July 1, 1987. It's a misunderstanding that all adhere to the same rules, whereas older corporations require a three-fourths vote, and newer ones require a simple majority.

• Form Submission is Only Via Mail: While the form provides a mailing address, it does not explicitly state that submission is limited to mail, leading to the misconception that electronic or in-person submissions are not accepted. It's best to contact the Department of Commerce and Consumer Affairs for alternative submission methods.

• Instructions are Optional: Given on the reverse side of the form, missing these within the document can lead some to overlook important details, assuming instructions are merely suggestions rather than requirements for proper filing.

• Neighbor Island Calls are Charged: The form provides numbers for neighbor islands including a toll-free option, dispelling any belief in incurred charges for seeking assistance from these locations.

Dispelling these misconceptions can streamline the dissolution process, ensuring that corporations in Hawaii are dissolved in accordance with state guidelines and with the proper understanding of the nuances involved in filing the DC-13 form.

Understanding the intricacies of the DC-13 form in Hawaii is crucial for any corporation considering dissolution. Here are seven key takeaways to ensure a smooth process:

1. The DC-13 form carries a nonrefundable filing fee of $25.00, and it is important to note that personal or business checks are not accepted. Payment options include cash, certified/cashier's check, bank/postal money order, or credit card (VISA or MasterCard).
2. The purpose of the form is to officially dissolve a corporation, as governed by Section 414-383 of the Hawaii Revised Statutes. This underscores the legal finality of the action being taken.
3. To avoid errors and ensure clarity, the form must be typed or printed legibly in black ink. This requirement helps in preventing misunderstandings or processing delays due to illegibility.
4. Completion and submission of the form require the signature of at least one authorized officer of the corporation. This is to certify that the information provided is accurate and that the officer is authorized to act on behalf of the corporation.
5. The form allows for specifying the effective date of dissolution, which can be either the date of filing or a later date (not more than 30 days after filing). Importantly, the effective date cannot be prior to the date of filing, providing a window for any necessary preparations or notifications.
6. Resolution to dissolve the corporation can be adopted either at a meeting of the shareholders or by unanimous written consent, reflecting the flexibility in accommodating different corporate governance structures.
7. For any questions or additional guidance, the form provides contact information, including phone numbers, a fax number, and an email address, ensuring support is available throughout the filing process.

By adhering to these guidelines, corporations can navigate the dissolution process with a clearer understanding and confidence, ensuring compliance with Hawaii's legal and procedural requirements.