West Virginia Secretary of State - Charitable Organizations Division


Please Note

We are a service company that can help you file with the West Virginia Secretary of State - Charitable Organizations Division. We are not associated with this nor any other government agency. We offer paid services and software to help you file. You are not required to purchase our service to file - you may file directly with this agency without using our service.


Contact Information

Physical address:
Bldg. 1, Suite 157-K
1900 Kanawha Blvd. East
Charleston, WV 25305

Phone: (304) 558-8000
Fax: (304) 558-0900

Web: Home Name search
Email: charities@wvsos.gov

Licenses

We track the following licenses with the West Virginia Secretary of State - Charitable Organizations Division in order to provide compliance services to our clients. As a client, you see this and other reference data in License Manager in-line with your licenses.

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West Virginia Fundraising Counsel Registration

Agency:West Virginia Secretary of State - Charitable Organizations Division
Law:

WV Code § 29-19-9

Bond Requirements:

$10,000

Fact Checked:7/5/18

Initial Registration

Form:

Form CHF: Registration Statement of Fund-Raising Counsel

Filing Method:

Mail or online.

Agency Fee:

$100

Notarize:Not required
Fact Checked:7/5/18

Registration Renewal

Form:

Form CHF: Registration Statement of Fund-Raising Counsel (Renewal)

Filing Method:

Mail or online.

Agency Fee:

$100

Due:

Annually

Notarize:Not required
Fact Checked:7/5/18

Contract Filing

Agency Fee:

$0

Due:

Every written contract or agreement between professional fund-raising counsels or solicitors and charitable organization must be filed with the Secretary of State within 10 days after the parties have entered into such an agreement.

Fact Checked:9/11/20

West Virginia Professional Fundraiser Registration

Agency:West Virginia Secretary of State - Charitable Organizations Division
Law:

WV Code § 29-19-9

Bond Requirements:

$10,000

Fact Checked:8/7/19

Initial Registration

Form:

Form CHF: Registration Statement of Professional Solicitor

Filing Method:

Mail or online.

Agency Fee:

$100

Fact Checked:12/15/16

Registration Renewal

Form:

Form CHF: Registration Statement of Professional Solicitor (Renewal)

Filing Method:

Mail or online.

Agency Fee:

$100

Due:

Annually

Contract Filing

Agency Fee:

$0

Due:

Every written contract or agreement between professional fund-raising counsels or solicitors and charitable organization must be filed with the Secretary of State within 10 days after the parties have entered into such an agreement.

Fact Checked:9/11/20

West Virginia Registration of Charitable Organization

Agency:West Virginia Secretary of State - Charitable Organizations Division
Law:

West Virginia Code §29-19-1 through 29-19-6

Foreign Qualification is Prerequisite:No
Registered Agent (Special Agency) Required?No
Fact Checked:4/10/20

One-Time Exemption Registration

Exemption Eligible Organizations:
  • Educational institutions, the curriculums of which in whole or in part are registered or approved by the state board of education, either directly or by acceptance of accreditation by an accrediting body recognized by the state board of education; and any auxiliary associations, foundations and support groups which are directly responsible to any such educational institutions
  • Persons requesting contributions for the relief of any individual specified by name at the time of the solicitation when all of the contributions collected without any deductions whatsoever are turned over to the named beneficiary for his or her use
  • Hospitals and licensed nursing homes which are nonprofit and charitable
  • Organizations which solicit only within the membership of the organization by the members thereof: Provided, That the term "membership" shall not include those persons who are granted a membership upon making a contribution as the result of solicitation
  • Churches, synagogues, associations or conventions of churches, religious orders or religious organizations that are an integral part of a church which qualifies as tax exempt under the provisions of 26 U.S.C. §501(c)(3) and which qualifies as being exempt from filing an annual return under the provisions of 26 U.S.C. §6033
  • Any person, firm, corporation or organization that sponsors a single fund-raising event for the benefit of a named charitable organization where all or part of the funds collected are donated to the named charitable organization: Provided, that the named charitable organization receiving the funds is registered pursuant to this article, reports each of these donations individually, and certifies that no funds were withheld by the organization that solicited the funds
  • Any charitable organization that does not employ a professional solicitor or
    fund-raiser an does not intend to solicit and receive and does not actually raise or receive contributions from the public in excess of twenty-five thousand dollars during a calendar year
Law:

WVC § 29-19-6

Notes:

To claim an exemption, submit a letter that explains why the organization is eligible for exemption including supporting documentation.

Fact Checked:1/16/20

Initial Registration

Form:

Registration of Charitable Organization

Filing Method:

Mail or online.

Agency Fee:

$15 if the organization raised less than $1M and $50 if the organization raised more than $1M.

Turnaround:

4-6 weeks

Notes:
  • The CFO and another authorized officer. Signatures must be notarized.
  • Some West Virginia counties and municipalities may require charities that solicit in-person to register prior to fundraising.
Before you Apply:

Domestic Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.

Foreign Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.
  • If you will foreign qualify in West Virginia, obtain a certificate of good standing from your home state to submit during the foreign qualification process. The certificate must be date from within the same tax year when filing foreign qualification documents.
How to Apply:

Domestic Applicants:

  1. File entity formation documents with the West Virginia Secretary of State - Business and Licensing Division.
  2. Submit a Registration of Charitable Organization form and all required attachments to the West Virginia Secretary of State - Charitable Organizations Division or create an account and file online.

Foreign Applicants:

  1. Determine whether or not your charity will need to foreign qualify based on your activity in West Virginia. If not required, skip to number 3.
  2. File foreign qualification documents with the West Virginia Secretary of State - Business and Licensing Division.
  3. Submit a Registration of Charitable Organization form and all required attachments to the West Virginia Secretary of State - Charitable Organizations Division or create an account and file online.
Required Attachments:

  • IRS form 990
  • Audited financials (if applicable)
  • IRS determination letter
  • List of officers and directors
  • Professional fundraising contracts
Fact Checked:4/14/20

Registration Renewal

Form:

Registration of Charitable Organization

Filing Method:

Mail or online.

Agency Fee:

$15 if the organization raised less than $1M and $50 if the organization raised more than $1M.

Due:

Renewal is due annually by the anniverary of your initial registration.

Due Date Extension:

Due dates can be extended for 90 days beyond the original due date by emailing your request to charities@wvsos.gov.

Penalties:

There is a late fee of $25 for each month that passes after the due date.

Notes:
  • Remember to attach the annual financial report.
  • The CFO and and another authorized officer.
Required Attachments:

  • IRS form 990
  • Audited financials (if applicable)
  • List of officers and directors
  • Professional fundraising contracts
  • IRS determination letter
Fact Checked:2/4/20

Change of Fiscal Year

Agency Fee:

$0

Turnaround:

1-2 business days

Notes:

Email the state to inform them of the change.

Fact Checked:12/7/18

Cancellation

Agency Fee:

$0

Notes:

To close out your registration, submit a renewal marked "Final" and include financial statements.

Fact Checked:7/14/20

Related Government Agencies

Explore other West Virginia government agencies we can help you stay compliant with:


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