Hawaii Fundraising Licensing

$0

Hawaii requires charities to apply for a permit to receive exemption from state insurance laws. There is no form, but the charity should submit proof that it meets the requirements for exemption as well as sample annuity agreements. To qualify organizations must be registered with the attorney general and maintain a separated reserve account for annuity funds.

• Charitable organizations that normally receive less than $25,000 in contributions annually and do not compensate any professional solicitor or professional fundraising counsel
• Any duly organized religious corporation, institution, or society that is exempt from filing Form 990 with the IRS
• Parent-teacher associations
• Any educational institution that is licensed or accredited by any of the following licensing or accrediting organizations or their successor organizations: Hawaii Association of Independent Schools, Western Association of Schools and Colleges, Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, Higher Learning Commission, Northwest Commission on Colleges and Universities, Southern Association of Colleges and Schools,  The National Association for the Education of Young Children, or AdvancED
• Any organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code expressly authorized by, and having an established identity with, an accredited education institution provided that the organization's solicitation of contributions is primarily directed to the students, alumni, faculty, and trustees of the institutions and their respective families
• Any nonprofit hospital licensed by the State or any similar provision of the laws of any other state
• Government agencies
• Congressionally chartered organizations that submit financial reports to the Secretary of Defense

Online

$0

Exemptions do not expire as long as the organization continues to qualify under the exemption criteria.

Online

$0

4-6 weeks

• Two authorized directors of officers must sign online by obtaining their own login IDs.
• Some Hawaii counties and municipalities may require charities that solicit in-person to register prior to fundraising.

Domestic Applicants:

• Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
• Appoint a registered agent to receive legal documents in Hawaii.
• 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.
• Appoint a registered agent to receive legal documents in Hawaii.
• 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 Hawaii, obtain a certificate of good standing from your home state to submit during the foreign qualification process. The certificate cannot be more than 60 days old when filing foreign qualification documents.

Domestic Applicants:

1. File entity formation documents with the Hawaii Business Registration Division (BREG).
2. Create a 990 online account and complete the charity registration.

Foreign Applicants:

1. Determine whether or not your charity will need to foreign qualify based on your activity in Hawaii. If not required, skip to number 3.
2. File foreign qualification documents with the Hawaii Business Registration Division (BREG).
3. Create a 990 online account and complete the charity registration.

• IRS form 990
• Audited financials (if applicable)
• Articles of incorporation
• IRS determination letter
• List of officers and directors
• List of other states where registered to solicit

Online. Upload your IRS Form 990 electronically or as a pdf and pay the filing fee.

$10-750, depending on annual gross revenue

Due annually by the same day as your IRS Form 990; that is, 4.5 months after the close of your fiscal year. So if your fiscal year ends December 31, then your renewal is due May 15.

Due dates are automatically extended for 180 days beyond the original due date, however, the department may request a copy of the IRS-approved extension request for your organization.

The Attorney General may assess late fees of $20 per day up to a maximum fee of $1,000 against an organization for the failure to timely file its renewal.

• IRS form 990
• Audited financials (if applicable)

Email ATG.Charities@hawaii.gov to update fiscal year. You will then need to file the short year in the efile990.org system.

To close out your registration, send a written request to close your organization's registration. If the organization is six months or more into their filing period, the organization would need to file that filing periods report along with the fee.