§428-207  Correcting filed record (a)  A limited liability company or foreign limited liability company may correct a record filed by the director if the record contains a false or erroneous statement or was defectively certified or signed.

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Terms Used In Hawaii Revised Statutes 428-207

  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 428-101
  • Foreign limited liability company: means an unincorporated entity organized under laws other than the laws of this State which afford limited liability to its owners comparable to the liability under § 428-303 and is not required to obtain a certificate of authority to transact business under any law of this State other than this chapter. See Hawaii Revised Statutes 428-101
  • Limited liability company: means a limited liability company organized under this chapter. See Hawaii Revised Statutes 428-101
  • Person: includes any individual or entity. See Hawaii Revised Statutes 428-101
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 428-101
  • Signed: includes any symbol executed or adopted by a person with the present intention to authenticate a record. See Hawaii Revised Statutes 428-101

     (b)  A record is corrected:

     (1)  By preparing articles of correction that:

          (A)  Describe the record, including its filing date, or have attached a copy of it to the articles of correction;

          (B)  Specify the incorrect statement and the reason it is incorrect or the manner in which the certification or signing was defective; and

          (C)  Correct the incorrect statement or defective certification or signing; and

     (2)  By delivering the articles of correction to the director for filing.

     (c)  Articles of correction are effective retroactively to the effective date of the record they correct.  However, a person who has relied on the uncorrected record and was adversely affected by the correction is not bound by the correction until the articles of correction are filed.