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Outline

The DC-13 Hawaii form is a crucial document for corporations seeking to officially dissolve their business in the state. This form, known as the Articles of Dissolution, requires specific information to be accurately filled out and submitted to the Department of Commerce and Consumer Affairs. Key aspects include the corporation's name, the date the dissolution was authorized, and the manner in which the resolution was adopted—either through a shareholder meeting or unanimous written consent. It's essential to note that the dissolution can take effect immediately upon filing or on a specified future date, provided it is within 30 days of the filing. The form mandates legible typewritten or printed entries in black ink, and it must be signed by at least one authorized officer of the corporation. The filing fee is nonrefundable, set at $25, and payment must be made through specific methods such as cash, certified checks, or credit cards, as personal and business checks are not accepted. Understanding these requirements is vital for any corporation looking to navigate the dissolution process effectively and ensure compliance with Hawaii's regulations.

Sample - Dc 13 Hawaii Form

WWW.BUSINESSREGISTRATIONS.COM
Nonrefundable Filing Fee $25.00
FORM DC-13
7/2011
No personal or business checks accepted.
Payment of the filing fee should be ONLY in the form of CASH, CERTIFIED/CASHIER'S CHECK,
BANK/POSTAL MONEY ORDER OR CREDIT CARD (VISA OR MasterCard).
Make check or money order payable to DEPARTMENT OF COMMERCE AND CONSUMER
AFFAIRS. Dishonored Check Fee $25.00.
WWW.BUSINESSREGISTRATIONS.COM
Nonrefundable Filing Fee $25.00
FORM DC-13
7/2011
*DC13*
STATE OF HAWAII
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Business Registration Division
335 Merchant Street
Mailing Address: P.O. Box 40, Honolulu, Hawaii 96810
Phone No. (808)586-2727
ARTICLES OF DISSOLUTION
(Section 414-383, Hawaii Revised Statutes)
PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK
The undersigned, duly authorized officer of the corporation submitting these Articles of Dissolution, certifies as follows:
1. The name of the corporation is:
2. The date the dissolution was authorized:
3. The resolution approving the dissolution was adoption (check one):
at a meeting of the shareholders:
Stock Class/Series
Total Number of Shares
Entitled to be Cast
Number of Shares Cast For
Dissolution
Number of Shares Cast
Against Dissolution
OR
by unanimous written consent of the shareholders.
4. The dissolution is effective on the date of filing these Articles of Dissolution or on a later date and time, not more than 30 days
after the filing, if so stated. The effective date cannot be before the date of filing. Dissolution is effective (check one):
on the date of filing of these Articles of Dissolution;
OR
on
at
, which is not more than 30 days after
(Month Day Year)
(Time)
the filing of these Articles of Dissolution.
The undersigned certifies under the penalties of Section 414-20, Hawaii Revised Statutes, that the undersigned has read the above
statements, I/we are authorized to make this change, and that the statements are true and correct.
Signed this day of ,
(Type/Print Name & Title) (Signature of Officer)
SEE INSTRUCTIONS ON REVERSE SIDE. The statement must be signed by at least one officer of the corporation.
No personal or business checks
accepted. See instructions.
FORM DC-13
7/2011
Instructions: Articles of Dissolution must be typewritten or printed in black ink, and must be legible. The articles must be signed by at
least one officer of the corporation. Signature must be in black ink. Submit articles together with the appropriate fee.
Line 1. State the full name of the corporation.
Line 2. State the date the dissolution was authorized.
Line 3. Check whether the resolution to dissolve the corporation was adopted at a meeting of the shareholders or by unanimous
written consent of the shareholders.
For corporations incorporated prior to July 1, 1987:
The resolution must be approved by the affirmative vote of the holders of three-fourths of the shares having voting power at
the meeting. If the resolution was approved by written consent, the vote must be by all of the shareholders.
For corporations incorporated on or after July 1, 1987:
The resolution must be approved by the affirmative vote of the majority of the holders of shares having voting power. If the
resolution was approved by written consent, the vote must be by all of the shareholders.
Check the 1st box if the resolution to dissolve the corporation was adopted at a meeting and complete the four boxes.
Check the 2nd box of the resolution was adopted by written consent of all the shareholders in lieu of a meeting.
Line 4. Check whether the dissolution is effective on the date and time of filing the Articles if Dissolution with the Department of
Commerce and Consumer Affairs, State of Hawaii, or whether the dissolution is effective on a future date. If a future date is
selected, state the effective date and time which cannot be more than 30 days after the filing of the Articles of Dissolution.
Filing Fees: Filing fee ($25.00) is not refundable. No personal or business checks accepted. Payment of the filing fee should be
ONLY in the form of CASH, CERTIFIED/CASHIER'S CHECK, BANK/POSTAL MONEY ORDER OR CREDIT CARD (VISA OR
MasterCard). Make check or money order payable to DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS. Dishonored
Check Fee $25.00.
For any questions call (808)586-2727. Neighbor islands may call the following numbers followed by 6-2727 and the # sign:
Kauai 274-3141; Maui 984-2400; Hawaii 974-400; Lanai & Molokai 1-800-468-4644 (toll free).
Fax (808)586-2733 Email Address: [email protected]
NOTICE: THIS MATERIAL CAN BE MADE AVAILABLE FOR INDIVIDUALS WITH SPECIAL NEEDS. PLEASE CALL THE
DIVISION SECRETARY, BUSINESS REGISTRATION DIVISION, DCCA, AT 586-2744, TO SUBMIT YOUR REQUEST.
ALL BUSINESS REGISTRATION FILINGS ARE OPEN TO PUBLIC INSPECTION. (SECTION 92F-11, HRS)

Form Information

Fact Name Details
Filing Fee The nonrefundable filing fee for Form DC-13 is $25.00.
Accepted Payment Methods Payments must be made in cash, certified/cashier's check, bank/postal money order, or credit card (VISA or MasterCard). Personal or business checks are not accepted.
Effective Date of Dissolution Dissolution can be effective on the date of filing or a future date, not exceeding 30 days after filing.
Governing Law This form is governed by Section 414-383 of the Hawaii Revised Statutes.

Detailed Guide for Filling Out Dc 13 Hawaii

After completing the DC-13 form, it will be submitted to the Department of Commerce and Consumer Affairs for processing. Ensure that all required information is accurate and that the appropriate payment method is selected. Follow these steps carefully to avoid any delays.

  1. Obtain the DC-13 form from the official website or designated office.
  2. Type or print the form clearly in black ink.
  3. In Line 1, enter the full name of the corporation.
  4. In Line 2, provide the date when the dissolution was authorized.
  5. In Line 3, indicate how the resolution for dissolution was adopted:
    • Check the box for a meeting of shareholders and complete the required fields, or
    • Check the box for unanimous written consent of shareholders.
  6. In Line 4, select whether the dissolution is effective immediately or on a specified future date, ensuring it is within 30 days of filing.
  7. Sign and date the form where indicated, using black ink.
  8. Include the filing fee of $25.00, ensuring payment is made by cash, certified/cashier's check, bank/postal money order, or credit card (Visa or MasterCard).
  9. Make the payment payable to the Department of Commerce and Consumer Affairs.
  10. Submit the completed form and payment to the appropriate office.

Obtain Answers on Dc 13 Hawaii

  1. What is the DC-13 form?

    The DC-13 form, also known as the Articles of Dissolution, is a document used by corporations in Hawaii to officially dissolve their business entity. This form must be filed with the Department of Commerce and Consumer Affairs when a corporation decides to cease operations.

  2. What is the filing fee for the DC-13 form?

    The filing fee for submitting the DC-13 form is $25.00. It's important to note that this fee is nonrefundable. Acceptable payment methods include cash, certified or cashier's checks, bank or postal money orders, or credit cards (VISA or MasterCard). Personal or business checks are not accepted.

  3. How do I complete the DC-13 form?

    To complete the DC-13 form, follow these steps:

    • Type or print legibly in black ink.
    • Provide the full name of the corporation in Line 1.
    • Indicate the date the dissolution was authorized in Line 2.
    • In Line 3, check whether the resolution for dissolution was adopted at a shareholders' meeting or by unanimous written consent.
    • For Line 4, specify if the dissolution is effective immediately upon filing or on a future date (up to 30 days later).

    Ensure that at least one officer of the corporation signs the form in black ink.

  4. What happens after I file the DC-13 form?

    Once you file the DC-13 form and pay the required fee, the dissolution of your corporation will be processed. If you chose an immediate dissolution, it will take effect upon filing. If you selected a future date, the dissolution will take effect on that specified date.

  5. Who can I contact for assistance with the DC-13 form?

    If you have questions or need assistance, you can call the Business Registration Division at (808) 586-2727. For those on neighboring islands, specific numbers are available. You can also send an email to [email protected] for further inquiries.

Common mistakes

Filling out the DC-13 Hawaii form can be straightforward, but many individuals encounter common pitfalls. One significant mistake is failing to provide the full name of the corporation in Line 1. It is essential to ensure that the name matches exactly with what is registered with the state. Any discrepancies could lead to delays or rejections.

Another frequent error involves the date of dissolution. Line 2 requires the date the dissolution was authorized. Omitting this date or entering an incorrect one can create confusion about the timeline of the dissolution process. It’s vital to double-check this detail before submission.

Many people also overlook the requirement for proper authorization when checking the resolution approval in Line 3. The form asks whether the resolution was adopted at a meeting or by unanimous written consent. Misunderstanding these options can lead to an incorrect selection, which may invalidate the filing.

In addition, individuals often forget to sign the document. The form must be signed by at least one officer of the corporation. A missing signature can halt the process entirely, necessitating a resubmission of the form.

Another common mistake is related to the effective date of dissolution. Line 4 allows for a future effective date, but it must not exceed 30 days after the filing. Many people mistakenly select a date that is too far in the future or even a date prior to the filing, which is not permitted.

Payment issues also arise frequently. The filing fee of $25 must be paid in specific forms—cash, certified/cashier's check, bank/postal money order, or credit card. Submitting a personal or business check will lead to rejection, as this method is not accepted.

Moreover, people sometimes neglect to read the instructions on the reverse side of the form. These instructions provide crucial information about how to fill out the form correctly. Ignoring them can lead to simple mistakes that could have been easily avoided.

Lastly, failing to ensure legibility can cause problems. The form must be typewritten or printed in black ink. If the writing is unclear, it may be difficult for the processing office to read the information, which can result in delays or the need for resubmission.

Documents used along the form

The DC-13 form is a crucial document for corporations in Hawaii looking to dissolve their business entity. Along with this form, several other documents may be necessary to ensure compliance with state regulations and to facilitate the dissolution process. Below is a list of commonly used forms and documents that accompany the DC-13 form.

  • Articles of Incorporation: This document establishes a corporation's existence and includes important details such as the corporation's name, purpose, and structure. It is often required to verify the legitimacy of the corporation before dissolution.
  • Bylaws: Bylaws outline the internal rules governing a corporation's operations. They detail the roles of officers and directors, meeting procedures, and other governance matters. These may be referenced during the dissolution process.
  • Meeting Minutes: Records of meetings where the decision to dissolve the corporation was made are essential. They provide proof of shareholder approval and the resolution adopted regarding the dissolution.
  • Shareholder Consent Form: If the dissolution was approved by unanimous written consent, this form is necessary to document that all shareholders agreed to the decision without a formal meeting.
  • Tax Clearance Certificate: Before dissolution, corporations must often obtain a tax clearance certificate from the state. This document confirms that all tax obligations have been met, preventing future liabilities.
  • Final Tax Returns: Corporations must file final tax returns with the IRS and state tax authorities. These returns indicate that the corporation has ceased operations and is no longer generating income.
  • Certificate of Good Standing: This certificate verifies that the corporation is compliant with state regulations and has fulfilled all necessary requirements prior to dissolution.
  • Notice of Dissolution: Some jurisdictions require a formal notice to be sent to creditors and stakeholders informing them of the corporation's intention to dissolve.
  • Liquidation Plan: If the corporation has assets to distribute, a liquidation plan may be necessary. This document outlines how assets will be sold or distributed among shareholders.
  • Affidavit of Publication: In some cases, corporations must publish a notice of dissolution in a local newspaper. An affidavit of publication serves as proof that this requirement was met.

These documents are vital in ensuring a smooth and compliant dissolution process for corporations in Hawaii. Proper preparation and submission of these forms can help avoid legal complications and facilitate the winding down of business operations.

Similar forms

The DC-13 Hawaii form is similar to several other documents used in the dissolution of corporations. Below are six documents that share similarities with the DC-13 form:

  • Articles of Incorporation: Both documents require specific information about the corporation, such as its name and the date of action. They must be filed with the Department of Commerce and Consumer Affairs.
  • Certificate of Good Standing: This document confirms that a corporation is legally registered and compliant with state regulations. Like the DC-13, it involves official state processing.
  • Bylaws: Bylaws outline the rules governing the corporation's operations. Similar to the DC-13, they must be adopted by shareholders and can influence the dissolution process.
  • Shareholder Meeting Minutes: These minutes document the decisions made during shareholder meetings, including those regarding dissolution. They serve as supporting evidence, much like the resolutions required in the DC-13.
  • Certificate of Dissolution: This document is often filed after the DC-13 to formally conclude the dissolution process. It requires similar information and must be submitted to the state.
  • Application for Withdrawal: Corporations that wish to cease operations in Hawaii may file this application. It parallels the DC-13 in its purpose to formally end corporate status.

Dos and Don'ts

When filling out the DC-13 Hawaii form, it’s crucial to follow specific guidelines to ensure your submission is processed smoothly. Here’s a quick checklist of what to do and what to avoid.

  • Do type or print your information clearly in black ink.
  • Do ensure the form is signed by at least one authorized officer of the corporation.
  • Do check the correct boxes regarding the resolution for dissolution.
  • Do submit the form with the appropriate filing fee.
  • Don't use personal or business checks for payment; only cash, certified checks, money orders, or credit cards are accepted.
  • Don't forget to include the full name of the corporation and the date the dissolution was authorized.
  • Don't leave any fields blank; all required information must be completed.
  • Don't submit the form without verifying that all statements are true and correct.

Act promptly to avoid any delays. Ensure you have all necessary documents ready before submission. This will help facilitate a smoother process for your dissolution request.

Misconceptions

Misconceptions about the DC-13 form for dissolution in Hawaii can lead to confusion and delays in the process. Below are some common misconceptions, along with clarifications to help ensure a smooth filing experience.

  • Personal checks are accepted for payment. This is incorrect. Only cash, certified checks, cashier's checks, bank or postal money orders, and credit cards (Visa or MasterCard) are accepted.
  • The filing fee is refundable. The filing fee of $25 is nonrefundable. Once paid, it cannot be returned.
  • Any officer can sign the Articles of Dissolution. At least one authorized officer of the corporation must sign the form, ensuring that the individual has the authority to make this change.
  • Dissolution takes effect immediately after filing. The dissolution can either take effect on the date of filing or on a specified future date, not exceeding 30 days after the filing.
  • Only a majority vote is needed for dissolution. For corporations incorporated before July 1, 1987, a three-fourths vote is required. For those incorporated after this date, a majority vote is sufficient.
  • All shareholders must be present for the vote. A resolution can also be adopted by unanimous written consent, which does not require a physical meeting.
  • Filing can be done via fax or email. The DC-13 form must be submitted in person or by mail. Fax and email submissions are not accepted.
  • There is no penalty for incorrect information. The undersigned certifies that the information provided is true and correct. Providing false information can lead to penalties under Hawaii law.

Understanding these misconceptions can help streamline the dissolution process and ensure compliance with Hawaii's regulations.

Key takeaways

When navigating the process of filling out and utilizing the DC-13 form in Hawaii, understanding the essential components can make the experience smoother and more efficient. Here are five key takeaways to keep in mind:

  • Filing Fee: A nonrefundable fee of $25 is required when submitting the form. Ensure that payment is made in cash, certified cashier's check, bank or postal money order, or credit card (Visa or MasterCard). Personal or business checks are not accepted.
  • Legibility is Crucial: Articles of Dissolution must be typed or printed clearly in black ink. This requirement ensures that all information is easily readable, which is vital for processing.
  • Signature Requirement: At least one officer of the corporation must sign the form. The signature should also be in black ink to maintain consistency with the rest of the document.
  • Effective Date: You can specify whether the dissolution takes effect immediately upon filing or on a later date, which cannot exceed 30 days after filing. Be mindful of this timeline to avoid any complications.
  • Contact Information: If questions arise during the process, you can reach out to the Business Registration Division at (808)586-2727. They provide assistance and can clarify any uncertainties regarding the filing.

By keeping these points in mind, you can approach the DC-13 form with greater confidence and clarity. Take the time to ensure all information is accurate and complete to facilitate a smooth dissolution process.