Fees

$250 Initial
$250 Renewal*
$250 Post-Effective Amendment**

*Renewal filings must be submitted within 90 days after your fiscal year end or the filing must then be submitted as a new initial filing and will be reviewed as such by the state.

**Post-Effective Amendment filings must be submitted if you are making a material change to your FDD after your initial or renewal filing is approved.  No further sales may be made in Hawaii until the amended FDD is approved and the registration is effectively amended.

Notes

  • All Hawaii filings are submitted online and the filing fees are paid to the state via ACH or credit card. For ACH payments, you will be required to complete and submit an ACH authorization form to us before we will submit the filing for you.  For credit card payments, you will be required to complete and submit a credit card authorization form to us before we will submit the filing for you.
  • The Hawaii application required for each filing must be notarized.
  • If you are in your first year of franchising, Hawaii will accept unaudited financials instead of audited.
  • Financial Assurance – If the state deems you to not have adequate funding to fulfill all your pre-opening obligations to a franchisee, they will require some form of financial assurance be instituted, such as an escrow, impoundment or deferral of initial fees, or the posting of a surety bond.

Exemptions (from registration with the state and/or from disclosure with a specific prospect)

  • Sales to Existing Franchisees – exemption from registration and disclosure
    • Exemption applies to existing franchisees of the same franchisor
    • No filing and fees are required under this exemption.
  • Renewal of an Existing Agreement – exemption from registration and disclosure
    • Exemption applies to renewal/extension of current franchisee’s franchise agreement; or when exchanging or substituting with a modified or amended franchise agreement; or in the case of a transfer of the location of a franchise where the franchised business is continually operating and there is no material change in the franchise relationship
    • No filing and fees are required under this exemption.
  • Motor Vehicle Franchises – exemption from registration and disclosure
    • Contact your Spadea legal team if you think you may qualify for this exemption.
    • No filing and fees are required under this exemption.
  • Transaction by executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator.
    • Exempt from registration and disclosure
    • No filing and fees are required
  • Sale to a bank, savings institution, trust company, insurance company, investment company as defined in Investment Company Act of 1940, pension or profit-sharing trust, or other financial institution.
    • Exempt from registration and disclosure
    • No filing and fees are required
  • Offer or sale by franchisee for franchisee’s own account if the sale is an isolated sale and not part of a plan of distribution of franchises.
    • Exempt from registration and disclosure
    • No filing and fees are required
  • The offer or sale to a franchisee or prospective franchisee where the franchisee or prospective franchisee is not domiciled in Hawaii and where the franchised business will not be operated in Hawaii.
    • Exempt from registration and disclosure
    • No filing and fees are required

Please email fieldguide@spadealaw.com if you have any suggestions, comments, correction or additions for the Field Guide. The purpose of the Field Guide is to create an organic, ever expanding resource of best practices for franchisors and your feedback and input is always welcome.