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Small Business Registration

This guide will help MCBH residents with the process of creating a small business in the state of Hawaii, registering the business on base with MCCS, and gaining approval with 'Ohana Hunt Military Communities.

 

The approval of small businesses operating on base falls under the Marine Corps Base Hawaii Order 5760.3C.  This order contains several forms and other required documentation necessary for requesting approval from MCCS and the MCBH base Commanding Officer to own and operate a business on base.  

These documents are covered in more detail in the following steps.

 

"The Office of the Staff Judge Advocate provides command legal advice to the Commanding Officer of Marine Corps Base Hawaii.  The Office of the Staff Judge Advocate also enhances the operational readiness of Marine Corps Base Hawaii by providing quality legal advice and services in the areas of civil and installation law matters, to include FOIA, land use, ethics, endangered species, claims and other areas of concern unique to Marine Corps Base Hawaii."

The OSJA will provide documents and a list of necessary supporting materials needed for submission.

TELEPHONE
808.257.0074

EMAIL
MCBH_SJA@usmc.mil

LOCATION
Building 215
Next to the Base Flag Pole

HOURS OF OPERATION
Monday - Friday
0730 - 1630

 

"Adequate insurance, as defined by the Staff Judge Advocate, MCBH shall be secured by the organization to protect against public liability and property damage claims or other legal actions that may arise as a result of activities of the organization or one or more of its members acting in its behalf, or the operation of any equipment/apparatus or device under the control and responsibility of the private organization."

The U.S. Small Business Administration provides steps for choosing the correct business insurance for your business here.  After obtaining insurance, be sure to request an ACORD Certificate of Liability Insurance.

 

"Include a plan for a full self-sustaining operation including a system for audit and control."

MCBH Order 5760.3C offers a Sample Financial Report Format on Enclosure (4).
The U.S. Small Business Administration offers information on how to manage business finances and a sample balance sheet here.

 

"A request to form a private organization shall be submitted in writing to the Commanding Officer, MCBH, via the MCCS Director, using enclosure (1)...  The MCCS Director will forward the request to the Commanding Officer, MCBH for approval, via the MCBH Staff Judge Advocate (SJA). The SJA is responsible for review and approval of proposed constitution and by-laws."

Gather the following documents and submit them to the Office of Staff Judge Advocate (OSJA):

  • Enclosure (1) from MCBH Order 5760.3C
  • Draft Financial Plan
  • Proof of Necessary Licenses and Certifications
  • Proof of Insurance (ACORD Certificate of Liability Insurance)
  • Proof of Tax ID (see State of Hawaii section of this guide)

 

The OSJA will submit this documentation for MCCS endorsement and Commanding Officer approval.  Upon approval, the OSJA will forward the submission to 'Ohana Hunt Military Community for approval.  Approval is needed from both MCBH and Hunt in order to begin business operations.

Must & Must Not

MUST

  • MUST have adequate insurance to protect against public liability, property damage, or other legal action.
  • MUST be responsible for enduring fire/safety regulations, environmental laws, & local/federal/state tax codes.
  • MUST adhere to applicable laws and labor standards.
  • MUST keep the small business oriented primarily for the benefit of military personnel and their family members by having Non-DoD civilians limited to no more than 1/3 of the total business.
  • MUST reapply annually NLT 31 January of each calendar year. Or notify in writing of dissolution.

MUST NOT

  • MUST NOT compete with MCCS, but may supplement services offered by MCCS.
  • MUST NOT discriminate based on race, color, creed, sex, age, disability, sexual orientation, or national origin (includes service).
  • MUST NOT accrue income other than sales, wages, and salary.
  • MUST NOT utilize DoD or Service seal, insignia, logo, etc.
  • MUST NOT sell alcohol

Approval Process

1. OSJA will forward to Director, MCCS for approval
2. Director MCCS will return to OSJA with decision
3. OSJA will forward to CO, MCBH for approval
4. OSJA will return to applicant and forward to Hunt/O’hanafor final approval.