Moving contracts and insurance to a Hawaii LLC
How do my contracts and insurance move to the LLC after conversion?
- Inventory the signed contracts and list every counterparty
- Ask each counterparty for an assignment or a new contract in the LLC's name
- Send a fresh W-9 wherever you are paid as a contractor
- Ask your agent for a rider or new general liability certificate naming the LLC
- Update workers' compensation if the business has employees
- Re-issue or rider any bond so it carries the LLC's name
- Re-paper leases and financing whose collateral cannot move by assignment
- Keep a dated file of every signed re-papering
The old contracts still bind you personally
A contract you signed as a sole proprietor binds you, not your LLC. Forming the company changes nothing on paper that already has your name on it.
Customers can keep paying you personally, and you can keep depositing their checks in a personal account, and every one of those payments is sole proprietorship income rather than LLC income. That is the exact opposite of what the conversion is for.
So the contracts are the real work of the move. The state filings take a day. The counterparty paperwork takes as long as your slowest customer takes to sign.
The order in this guide assumes the LLC is formed already. If it is not, start with the conversion guide and come back here.
Form 1099-NECThe IRS states that Form 1099-NEC is used to report nonemployee compensation, the payments a business makes to someone who is not an employee. — Internal Revenue Service, retrieved 2026-09-29
Assignment or novation: pick per counterparty
Two instruments move a contract, and the difference is who has to agree.
An assignment transfers your side of the contract to the LLC. It works where the contract does not bar assignment, and it needs the other side's notice, not always its consent. Many customer contracts do bar assignment, so read before you promise one.
A novation retires the old contract and signs a new one with the LLC, and it needs every party's consent. It is the clean instrument, and it is the one to prefer for anything long-running, because it leaves no ambiguity about who owes what for work done before the switch.
The practical path for a small business is a one-page letter per counterparty: the LLC takes over the agreement from a stated date, the work before that date stays yours, and both signatures go on the page. A lawyer earns their fee on the ones with real money or personal guarantees attached.
Do the active contracts first, and let the finished ones run out. An expired contract with a warranty tail is the one to check carefully, because warranty claims can reach whoever signed the work.
$10Hawaii's Business Registration Division fee schedule prices an assignment of a registration of a trade name, trademark, or service mark at $10. — Hawaii Department of Commerce and Consumer Affairs, Business Registration Division, retrieved 2026-09-29
W-9s, and who the payers now report paying
Every platform, property manager, and general contractor that pays you will ask for a W-9 before paying the LLC. The IRS has one rule for it that surprises single-member LLC owners.
A single-member LLC that is disregarded for federal income tax provides the owner's name and taxpayer ID on the W-9, not the company's name and its own EIN, unless the LLC elected corporate tax treatment. The IRS states it directly for the disregarded case: the W-9 should provide the owner's SSN or EIN, not the LLC's EIN.
So the LLC's checks arrive in the company's name at the company's bank account, and the year-end 1099 or its absence follows the owner's numbers. That is normal, not a mistake, and taxes after the conversion shows how it lands on the return.
If the LLC has employees, the direction changes: "the company's name and EIN go on the employment tax filings, whoever owns it. The EIN page separates the two cases: EIN and tax IDs after converting."
The IRS states that a W-9 from a single-member LLC disregarded for federal income tax should provide the owner's SSN or EIN, not the LLC's EIN. — Internal Revenue Service, retrieved 2026-09-29
The certificate of insurance is what customers actually check
General liability cover moves with the business, and the paper that matters is the certificate. A customer's office does not read your policy. It reads the certificate's insured line.
The move is a policy change, then a fresh certificate: either the policy re-issued in the LLC's name or an endorsement adding the LLC as the named insured, then a new certificate naming the company. Ask your agent for the pair together, and date the certificate the same day the contracts move.
For licensed contractors the state writes the sequence for you. The Contractor License Board's conversion path attaches a rider or new certificate of liability insurance and of workers' compensation insurance, and a rider or a new bond to reflect the new name, to the license conversion filing itself.
An insurance gap is the classic conversion failure. The old policy named you, the new contracts name the LLC, and the claim that arrives in between names nobody. Make the certificates effective before the first job signed by the company.
Hawaii's Contractor License Board's conversion filing attaches a rider or new certificate of liability and workers' compensation insurance, and a rider or new bond reflecting the new entity's name. — Hawaii DCCA, Contractor License Board, retrieved 2026-09-29
Bonds follow the license, not the goodwill
A contractor's bond runs to the license it names. Hawaii's Contractor License Board publishes its own bond form, and its conversion filing attaches, where a bond is required, a rider or new bond to reflect the new entity's name. A bond in your personal name does not cover an LLC's license.
The same logic runs through any surety paper a customer asked you for. A cleaning company's janitorial bond, a mover's cargo bond, a permit bond for a kitchen build-out: each names an entity, and each has to be re-issued for the LLC before the company signs the work it guarantees.
Sureties care about the entity's record, and a brand-new LLC has a thin one. Expect questions, and expect some underwriters to want the owner on the bond personally for the first year. That is normal underwriting, not a rejection of the conversion.
If your trade never carried a bond, skip this. The businesses that do know who they are, because a customer or a board made them buy one.
Hawaii's Contractor License Board publishes its own contractor bond form, CT-09, and its conversion filing states that where a bond is required, a rider or new bond must reflect the new entity's name. — Hawaii DCCA, Contractor License Board, retrieved 2026-09-29
Employees bring the paperwork that cannot wait
If the proprietorship had employees, their paperwork moves on a schedule you do not control, and the state checks the names.
Hawaii's contractor rules put it plainly at the licensing layer: the entity requirements list liability and workers' compensation insurance as requirements for licensure, and the board's consumer pages list workers' compensation and liability insurance among what a licensed contractor carries. An entity cannot be licensed without the insurance in place.
For any employer, the employee-facing papers carry entity names too: payroll registrations, withholding accounts, and the workers' compensation policy. Each one has to be re-registered or re-issued in the LLC's name before the first payroll the company runs.
Employees also change the EIN answer. A single-member LLC with employees owes employment taxes under the company's name and EIN, even though the owner's numbers stay on the income tax side. EIN and tax IDs after converting is the page for that boundary.
Hawaii's contractor entity requirements list liability and workers' compensation insurance among the requirements for licensure, and state that an entity cannot be issued a license without them. — Hawaii DCCA, Contractor License Board, retrieved 2026-09-29
$1,500Hawaii requires a contractor license for any project exceeding $1,500 in labor and material, or for work requiring a building, electrical, or plumbing permit. — Hawaii DCCA, Professional and Vocational Licensing, retrieved 2026-09-29
Leases, licenses, and collateral that will not move by paper
Some agreements cannot move with a signature from you alone, because the other side underwrote you, not a company.
A commercial lease is the common one: many leases require landlord consent to assign, and a new LLC with no balance sheet is exactly what consent clauses were written for. An equipment loan or vehicle financing is stricter still, because the collateral is titled to the borrower the lender approved.
Support-kitchen agreements for a food truck, booth-rental agreements in a salon, and yard-use agreements a landscaper keeps with a supplier are all smaller versions of the same thing. Each names a party, and each needs the LLC's name on the next signature.
The honest accounting is that the LLC can rent and borrow in its own name from day one, but on the owner's guarantee for a while. Personal guarantees on the first-year paper are the price of a new entity's thin file, and they are normal.
Hawaii's food establishment permit application directs mobile units to use their support kitchen's address as the establishment location address. — Hawaii Department of Health, Food Safety Branch, retrieved 2026-09-29
The file that proves the move happened when it did
Keep one dated file for the whole re-papering: every assignment letter, every signed novation, every certificate, every bond rider, and the lease consents.
The file is what answers the question that comes up later, from a customer, an adjuster, or an auditor: which entity owed this job on this date. The conversion guide's asset schedule in the operating agreement is the index into it.
When the last counterparty has signed, the move is done, and what is left is the recurring calendar: the conversion checklist and taxes after the conversion, which are the two pages that follow the money and the dates.
The Contractor License Board's conversion paperwork lists an operating agreement among the documents that can prove ownership in a converting entity, alongside tax returns and Schedule K-1s. — Hawaii DCCA, Contractor License Board, retrieved 2026-09-29
Questions
Do customers have to sign new contracts at all?
Not for the work already finished, which stays yours as the party who signed it. For ongoing or future work, yes: without an assignment or new contract, the LLC has no obligation to perform and no right to be paid, and you personally keep both.
Can I just keep the old contracts running and assign them later?
You can, and many owners phase it in by renewal date. The trade-off is a longer period where the LLC is doing business while the contracts still bind you personally, which is precisely the exposure the LLC was formed to end.
Will my insurance premium change because the LLC is new?
Often it rises somewhat, because a new entity has no claims history and sometimes needs the owner guaranteed on the policy for the first term. Ask your agent for quotes on both the re-issue and the new-policy routes before the effective date.
What if a counterparty refuses to consent to the assignment?
The old contract stands between you and them until it expires, and the LLC cannot take it over. Finish that contract personally, bill it personally, and start its replacement under the company.