SB1213

SECTION 1. The purpose of this Act is to permit businesses to designate a registered email address to accept service of process in lieu of continuously maintaining a registered agent in the State.

SECTION 2. Chapter 414, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

"§414- Electronic entity-service; alternative to registered agent. (a) Notwithstanding any other law to the contrary, a corporation that is required to continuously maintain a registered agent under section 414-61 may, in the alternative, designate a registered email address to serve as the corporation's registered agent.

(b) For any corporation that designates a registered email address pursuant to subsection (a):

(1) The corporation shall consent to receive any service, notice, demand, claim, filing, or other document at its registered email address on the same or similar terms as it would have received service, notice, demand, claim, filing, or other document through service on a registered agent; and

(2) Any person shall be entitled to rely on the corporation's designation of a registered email address on file with the department director as a written consent for the purposes described in paragraph (1).

(c) Any person may perfect service on a corporation that has designated a registered email address by electronic transmission of copies of any summons, complaint, demand, claim, filing, or other document to the corporation's registered email address.

(d) Nothing in this section shall affect or prohibit service by other means permitted by any statute, rule of court, or contract. Service made pursuant to this section shall be complete upon successful transmission.

(e) For the purposes of this section, "registered email address" means an electronic mail address that is registered with the department director and is capable and enabled to send and receive from the general public graphic copies of any summons, complaint, filing, or other document."

SECTION 3. Chapter 414D, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

"§414D- Electronic entity-service; alternative to registered agent. (a) Notwithstanding any other law to the contrary, a corporation that is required to continuously maintain a registered agent under section 414D-71 may designate, in the alternative, a registered email address to serve as the corporation's registered agent.

(b) For any corporation that designates a registered email address pursuant to subsection (a):

(e) For the purposes of this section "registered email address" means an electronic mail address that is registered with the department director and is capable and enabled to send and receive from the general public graphic copies of any summons, complaint, filing, or other document."

SECTION 4. Chapter 414D, Hawaii Revised Statutes, is amended by adding a new section to part XIV to be appropriately designated and to read as follows:

"§414D- Electronic entity-service; alternative to registered agent. (a) Notwithstanding any other law to the contrary, a foreign corporation that is required to continuously maintain a registered agent under section 414D-277 may designate, in the alternative, a registered email address to serve as the foreign corporation's registered agent.

(b) For any foreign corporation that designates a registered email address pursuant to subsection (a):

(1) The foreign corporation shall consent to receive any service, notice, demand, claim, filing, or other document at its registered email address on the same or similar terms as it would have received service, notice, demand, claim, filing, or other document through service on a registered agent; and

(2) Any person shall be entitled to rely on the foreign corporation's designation of a registered email address on file with the department director as a written consent for the purposes described in paragraph (1).

(c) Any person may perfect service on a foreign corporation that has designated a registered email address by electronic transmission of copies of any summons, complaint, demand, claim, filing, or other document to the foreign corporation's registered email address.

(e) For the purposes of this section "registered email address" means an electronic mail address that is registered with the department director for transmitting electronic messages and is capable and enabled to send and receive from the general public graphic copies of any summons, complaint, filing, or other document."

SECTION 5. Chapter 425, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§425- Electronic entity-service; alternative to registered agent. (a) Notwithstanding any other law to the contrary, a partnership that is required to continuously maintain a registered agent under section 425-18 may designate, in the alternative, a registered email address to serve as the partnership's registered agent.

(b) For any partnership that designates a registered email address pursuant to subsection (a):

(1) The partnership shall consent to receive any service, notice, demand, claim, filing, or other document at its registered email address on the same or similar terms as it would have received service, notice, demand, claim, filing, or other document through service on a registered agent; and

(2) Any person shall be entitled to rely on the partnership's designation of a registered email address on file with the department director as a written consent for the purposes described in paragraph (1).

(c) Any person may perfect service on a partnership that has designated a registered email address by electronic transmission of copies of any summons, complaint, demand, claim, filing, or other document to the partnership's registered email address.

SECTION 6. Chapter 425E, Hawaii Revised Statutes, is amended by adding a new section to article 1 to be appropriately designated and to read as follows:

"§425E- Electronic entity-service; alternative to registered agent. (a) Notwithstanding any law to the contrary, a limited partnership that is required to continuously maintain a registered agent under section 425E‑114 may designate, in the alternative, a registered email address to serve as the limited partnership's registered agent.

(b) For any limited partnership that designates a registered email address pursuant to subsection (a):

(2) Any person shall be entitled to rely on the limited partnership's designation of a registered email address on file with the department director as a written consent for the purposes described in paragraph (1).

(c) Any person may perfect service on a limited partnership that has designated a registered email address by electronic transmission of copies of any summons, complaint, demand, claim, filing, or other document to the limited partnership's registered email address.

(e) For the purposes of this section:

"Limited partnership" has the same meaning as defined in section 425E-102, and includes a foreign limited partnership, as defined in section 425E-102.

"Registered email address" means an electronic mail address that is registered with the department director and is capable and enabled to send and receive from the general public graphic copies of any summons, complaint, filing, or other document."

SECTION 7. Chapter 428, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§428- Electronic entity-service; alternative to registered agent. (a) Notwithstanding any law to the contrary, a limited liability company that is required to continuously maintain a registered agent under section 428-107 may designate, in the alternative, a registered email address to serve as the limited liability company's registered agent.

(b) For any limited liability company that designates an email address pursuant to subsection (a):

(1) The limited liability company shall consent to receive any service, notice, demand, claim, filing, or other document at its registered email address on the same or similar terms as it would have received service, notice, demand, claim, filing, or other document through service on a registered agent; and

(2) Any person shall be entitled to rely on the limited liability company's designation of a registered email address on file with the department director as a written consent for the purposes described in paragraph (1).

(c) Any person may perfect service on a limited liability company that has designated a registered email address by electronic transmission of copies of any summons, complaint, demand, claim, filing, or other document to the limited liability company's registered email address.

(e) For the purposes of this section:

"Limited liability company" means a domestic limited liability company or foreign limited liability company authorized to do business in this State and subject to the registered agent requirement under section 428-107.

SECTION 8. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1213
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII