Overview
The DC-13 form, also known as the Articles of Dissolution, is a crucial document for corporations in Hawaii seeking to officially dissolve their business entity. This form must be filed with the Department of Commerce and Consumer Affairs, and it requires careful attention to detail to ensure compliance with Hawaii's laws. A nonrefundable filing fee of $25 is mandated, and specific payment methods are accepted, including cash, certified checks, and credit cards. Notably, personal or business checks are not allowed. The form includes essential information such as the corporation's name, the date dissolution was authorized, and whether the resolution for dissolution was adopted at a shareholder meeting or through unanimous written consent. Additionally, corporations must specify the effective date of dissolution, which can be the filing date or a later date within 30 days. The form must be signed by an authorized officer, affirming that all statements provided are true and correct. Understanding the requirements and process associated with the DC-13 form is vital for any corporation looking to navigate the dissolution process smoothly.
Document Preview Example
WWW.BUSINESSREGISTRATIONS.COM Nonrefundable Filing Fee $25.00
FORM
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
No personal or business checks accepted. See instructions.
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.
FORM
*DC13*
ARTICLES OF DISSOLUTION
(Section
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
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.
FORM
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
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
Fax
NOTICE: THIS MATERIAL CAN BE MADE AVAILABLE FOR INDIVIDUALS WITH SPECIAL NEEDS. PLEASE CALL THE DIVISION SECRETARY, BUSINESS REGISTRATION DIVISION, DCCA, AT
ALL BUSINESS REGISTRATION FILINGS ARE OPEN TO PUBLIC INSPECTION. (SECTION
How to Fill Out Dc 13 Hawaii
Completing the DC-13 form is a straightforward process. Follow these steps carefully to ensure that your submission is accurate and complete. Remember, the filing fee is nonrefundable, so double-check your entries before submitting.
- Obtain the DC-13 form. You can find it on the official website or at the Department of Commerce and Consumer Affairs.
- Type or print the form in black ink. Ensure that all entries are legible.
- In Line 1, enter the full name of the corporation.
- In Line 2, state the date when the dissolution was authorized.
- In Line 3, indicate how the resolution to dissolve was adopted. Check the box for either a meeting of shareholders or unanimous written consent. If applicable, fill in the details regarding the number of shares entitled to be cast and the votes for and against dissolution.
- In Line 4, select whether the dissolution is effective immediately upon filing or on a specified future date. If choosing a future date, ensure it is not more than 30 days after filing and fill in the required date and time.
- Have the form signed by at least one authorized officer of the corporation. The signature must be in black ink.
- Prepare the payment for the filing fee of $25.00. Acceptable payment methods include cash, certified/cashier's check, bank/postal money order, or credit card (VISA or MasterCard). Personal or business checks are not accepted.
- Submit the completed form along with the payment to the Department of Commerce and Consumer Affairs, Business Registration Division, at the specified address.
Common mistakes
Filling out the DC-13 form for dissolving a corporation in Hawaii can be straightforward, but many people make common mistakes that can lead to delays or complications. One frequent error is failing to provide the full name of the corporation in the first line. This might seem simple, but omitting any part of the name can cause confusion and result in the rejection of the application.
Another common mistake is not specifying the date the dissolution was authorized. Line two requires this information, and leaving it blank can lead to processing delays. It's essential to double-check that this date is accurate and clearly stated to ensure the form is complete.
Many individuals also overlook the requirement to indicate how the resolution for dissolution was adopted. On line three, it is necessary to check whether the decision was made at a shareholder meeting or through unanimous written consent. Failing to make this selection can lead to questions about the legitimacy of the dissolution process.
Additionally, some applicants mistakenly believe they can choose an effective date for the dissolution that is before the date of filing. This is not allowed, as the effective date must either be the same as the filing date or a future date, not exceeding 30 days after filing. Ignoring this rule can lead to significant legal issues down the line.
Payment errors are another area where mistakes frequently occur. The form clearly states that personal or business checks are not accepted. Some people still attempt to use them, which will result in a dishonored check fee and a delay in processing the application. It’s crucial to pay the filing fee using one of the accepted methods: cash, certified or cashier's check, bank or postal money order, or credit card.
Moreover, applicants sometimes forget to sign the form. The signature must be from at least one officer of the corporation, and it must be in black ink. A missing signature will halt the processing of the application, requiring resubmission.
Finally, not reading the instructions thoroughly can lead to multiple errors. The instructions are provided on the reverse side of the form and contain vital information regarding how to fill it out correctly. Taking the time to review these instructions can save applicants from making avoidable mistakes that could delay the dissolution process.
Documents used along the form
The DC-13 form in Hawaii is an essential document for dissolving a corporation. However, several other forms and documents are often required or recommended during this process. Understanding these documents can facilitate a smoother dissolution experience.
- Articles of Incorporation: This document establishes the corporation's existence and outlines its purpose, structure, and governance. It is typically filed with the state at the time of incorporation.
- Motorcycle Bill of Sale Form: For individuals looking to record their motorcycle transactions properly, the detailed motorcycle bill of sale form advantages are crucial for ensuring legal acknowledgement of the sale.
- Bylaws: Bylaws govern the internal management of the corporation. They detail the roles of officers, procedures for meetings, and other operational guidelines.
- Shareholder Meeting Minutes: These minutes document discussions and decisions made during shareholder meetings, including votes on dissolution. They serve as official records of corporate actions.
- Certificate of Good Standing: This certificate confirms that the corporation is compliant with state regulations and has met all necessary requirements up to the point of dissolution.
- Tax Clearance Certificate: Before dissolving, a corporation may need to obtain this certificate to verify that all state taxes have been paid, ensuring no outstanding liabilities remain.
- Final Tax Returns: Corporations must file final tax returns to report income and expenses up to the dissolution date. This includes both federal and state tax filings.
- Notice of Intent to Dissolve: Some states require a formal notice to be filed with the state or published in a local newspaper to inform creditors and the public of the impending dissolution.
- Distribution Plan: If the corporation has assets, a distribution plan outlines how these assets will be distributed among shareholders after debts and obligations are settled.
Gathering and understanding these documents will help ensure that the dissolution process is conducted in accordance with state requirements. Proper attention to detail can prevent delays and complications, allowing for a smoother transition for all parties involved.
Other PDF Forms
Cslb Rmo - Failure to submit required information will delay application processing timelines.
In order to properly manage vehicle transactions in Texas, it's essential to utilize the Statement of Fact Texas form, which can be found through resources like Texas Documents. Filling out this document accurately ensures that all necessary details are certified, helping to prevent any potential complications.
If I Get Fired From My Job Can I Collect Unemployment - The UC-253 form serves as a vital component in tracking and documenting employment efforts.
Obtain Answers on Dc 13 Hawaii
What is the DC 13 form in Hawaii?
The DC 13 form is the Articles of Dissolution for corporations in Hawaii. This form is used when a corporation decides to officially dissolve or cease its operations. It must be completed and filed with the Department of Commerce and Consumer Affairs (DCCA) to ensure that the dissolution is recognized legally. The form requires specific information about the corporation, including its name and the date the dissolution was authorized.
What are the filing fees associated with the DC 13 form?
The filing fee for the DC 13 form is $25.00, and this fee is nonrefundable. It is important to note that personal or business checks are not accepted. Instead, payment can be made using cash, a certified or cashier's check, a bank or postal money order, or a credit card (Visa or MasterCard). When using a check or money order, it should be made payable to the Department of Commerce and Consumer Affairs.
How should the DC 13 form be completed?
The DC 13 form must be filled out in black ink, either by typing or printing legibly. The form requires the following information:
- The full name of the corporation.
- The date the dissolution was authorized.
- Details on how the resolution to dissolve was adopted, whether at a meeting of shareholders or by unanimous written consent.
- The effective date of dissolution, which can be the date of filing or a specified future date (not more than 30 days after filing).
Additionally, at least one officer of the corporation must sign the form, certifying that the information provided is true and correct.
What happens if a corporation fails to file the DC 13 form?
If a corporation does not file the DC 13 form to dissolve, it remains legally recognized and may continue to incur obligations, such as taxes and fees. This can lead to complications, including potential penalties or the inability to conduct business in the future. It is essential for corporations wishing to dissolve to complete this process properly to avoid ongoing liabilities.
How can I contact the Department of Commerce and Consumer Affairs for assistance?
If you have questions regarding the DC 13 form or the dissolution process, you can contact the Department of Commerce and Consumer Affairs at (808) 586-2727. For those on neighbor islands, specific phone numbers are available, such as Kauai (274-3141), Maui (984-2400), Hawaii (974-400), and toll-free numbers for Lanai and Molokai (1-800-468-4644). You can also reach out via fax at (808) 586-2733 or email at breg@dcca.hawaii.gov.
What if I have special needs regarding the filing process?
The DCCA is committed to accessibility. If you have special needs, you can call the Division Secretary at 586-2744 to submit your request. They will provide the necessary assistance to ensure that you can complete the filing process smoothly.
Document Attributes
| Fact Name | Details |
|---|---|
| Form Title | Articles of Dissolution (Form DC-13) |
| Governing Law | Section 414-383 of the Hawaii Revised Statutes |
| Filing Fee | The nonrefundable filing fee is $25.00. |
| Payment Methods | Accepted payment forms include cash, certified/cashier's check, bank/postal money order, or credit card (Visa or MasterCard). |
| Check Policy | Personal or business checks are not accepted for payment. |
| Effective Date | Dissolution can be effective on the date of filing or a later date, not exceeding 30 days after filing. |
| Contact Information | For questions, call (808) 586-2727 or email breg@dcca.hawaii.gov. |
Misconceptions
Misconceptions about the DC-13 Hawaii form can lead to confusion and potential errors in the dissolution process. Here are nine common misunderstandings:
- Personal Checks Are Accepted: Many believe that personal checks can be used to pay the filing fee. However, 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: Some individuals think that the $25 filing fee is refundable. In reality, the fee is nonrefundable regardless of the outcome of the dissolution process.
- Dissolution Takes Immediate Effect: A common assumption is that filing the Articles of Dissolution instantly dissolves the corporation. The dissolution is effective either on the date of filing or on a specified future date, but not before the filing date.
- Only One Signature Is Needed: Some may think that only one officer's signature is required for the Articles of Dissolution. While at least one signature is necessary, it is crucial that the signatory is duly authorized.
- Any Ink Color Can Be Used: There is a misconception that any color of ink is acceptable for signing the form. The instructions specify that signatures must be in black ink only.
- Shareholder Approval Is Not Necessary: Some individuals believe that shareholder approval is not required for dissolution. In fact, the resolution to dissolve must be approved either at a meeting or through unanimous written consent of all shareholders.
- Filing Can Be Done via Fax or Email: Many assume that the form can be submitted electronically. However, the Articles of Dissolution must be submitted in person or via mail, not by fax or email.
- There Is No Deadline for Filing: Some may think there is no urgency in filing the Articles of Dissolution. The effective date cannot exceed 30 days after filing, so timely submission is essential.
- Instructions Are Optional: Lastly, some people ignore the instructions provided on the reverse side of the form. These instructions are critical for ensuring that the form is completed correctly and that all necessary information is included.
Understanding these misconceptions can help ensure a smoother dissolution process and compliance with Hawaii's legal requirements.
Key takeaways
Key Takeaways for Filling Out and Using the DC-13 Hawaii Form:
- The filing fee is nonrefundable and costs $25. Payment 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.
- Ensure all information is typed or printed legibly in black ink. The form must be signed by at least one authorized officer of the corporation.
- Specify whether the dissolution is effective immediately upon filing or at a later date, which cannot exceed 30 days after filing. The effective date cannot be earlier than the filing date.
- For any questions or assistance, contact the Business Registration Division at (808)586-2727. They provide resources for individuals with special needs as well.