Hawaii State Fundraising Registration
Resources for charities, businesses, professional fundraisers, and individuals conducting fundraising activities
Hawaii Nonprofit & Fundraising Company Licenses
Labyrinth provides the state fundraising regulations below as a guide to help you apply for and maintain your ability to fundraise. Need help? We can manage your state registrations for you. Contact us today to learn more.
Hawaii defines requirements for:
• Charitable Organization Registration
• Commercial Co-Venturer Registration
• Professional Fundraiser Registration
• Individual Nonprofit & Fundraising Licenses
• Charitable Gift Annuity Registration
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Hawaii Charitable Gift Annuity
Agency: Hawaii Department of Commerce and Consumer Affairs - Insurance Division
Law: HI Stat. § 431:1-204
Organization Age Requirement: 10 years of continuous existence immediately preceding licensure.
Minimum Unrestricted Cash or Cash Equivalent Requirement: $200,000
Initial Registration
Agency Fee: $0
Notes: 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.
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Registration Renewal
NOT REQUIRED
Charities must continue filing renewals with the attorney general, but no separate renewal filings are required for exemption permits.
Hawaii Charity Registration
Agency: Hawaii Tax and Charities Division
Law: Hawaii Revised Statutes § 467B-2.1
Foreign Qualification is Prerequisite: No
Registered Agent (Special Agency) Required? Yes
One-Time Exemption Registration
Exemption Eligible Organizations:
Filing Method: Online
Agency Fee: $0
Original Ink: Not required
Notarize: Not required
Notes: Exemptions do not expire as long as the organization continues to qualify under the exemption criteria.
Initial Registration
Filing Method: Online
Agency Fee: $0
Turnaround: 4-6 weeks
- Before you Apply -
Domestic Applicants Applicants:
Foreign Applicants Applicants:
- How to Apply -
Domestic Applicants:
- File entity formation documents with the Hawaii Business Registration Division (BREG).
- Create a 990 online account and complete the charity registration.
Foreign Applicants:
- Determine whether or not your charity will need to foreign qualify based on your activity in Hawaii. If not required, skip to number 3.
- File foreign qualification documents with the Hawaii Business Registration Division (BREG).
- Create a 990 online account and complete the charity registration.
- Required Attachments -
Registration Renewal
Filing Method: Online
Agency Fee: $10-750, depending on annual gross revenue
Due:
Due Date Extension: Hawaii honors extensions granted by the IRS to file Form 990. Organizations are not required to submit proof of an IRS extension unless requested by the Department, at which point they will have 20 days to provide the Department with a copy.
Penalties: 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.
Required Attachments:
Contract Filing
Form: Commercial Co-venturers Consent Form
Filing Method: Online
Agency Fee: $0
Due: File a notice of entry into contract at least 10 days prior to the commencement of the charitable sales promotion.
Notes: An authorized representative of the charitable organization and the commercial co-venturer must sign the written consent, and the terms of the written consent must include the following:
- The goods or services to be offered to the public;
- The geographic area where, and the starting and final date when, the offering is to be made;
- The manner in which the name of the charitable organization is to be used, including any representation to be made to the public as to the amount or per cent per unit of goods or services purchased or used that is to benefit the charitable organization;
- A provision for a final accounting on a per unit basis to be given by the commercial co-venturer to the charitable organization and the date when it is to be made, which date shall be no more than ninety days after the end of the charitable sales promotion; and
- The date when and the manner in which the benefit is to be conferred on the charitable organization.
Cancellation
Notes: 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.
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Hawaii Commercial Co-Venturer Registration
Commercial co-venturer means a person who, for profit, is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or charitable purposes, and who conducts charitable sales promotions.
NOT REQUIRED
Commercial Co-venturer licensure is not required on the State level in Hawaii.
Hawaii does not have a traditional registration requirement for commercial co-venturers, but they may need to file a written consent form at least 10 days before a fundraising event.
More information: Hawaii Tax and Charities Division
Contract Filing
Form: Commercial Co-venturers Consent Form
Filing Method: Online
Agency Fee: $0
Turnaround: 1-2 business days.
Due: File a notice of entry into contract at least 10 days prior to the commencement of the charitable sales promotion.
Original Ink: Not required
Notarize: Not required
Notes: An authorized representative of the charitable organization and the commercial co-venturer must sign the written consent, and the terms of the written consent must include the following:
- The goods or services to be offered to the public;
- The geographic area where, and the starting and final date when, the offering is to be made;
- The manner in which the name of the charitable organization is to be used, including any representation to be made to the public as to the amount or per cent per unit of goods or services purchased or used that is to benefit the charitable organization;
- A provision for a final accounting on a per unit basis to be given by the commercial co-venturer to the charitable organization and the date when it is to be made, which date shall be no more than ninety days after the end of the charitable sales promotion; and
- The date when and the manner in which the benefit is to be conferred on the charitable organization.
How to Apply: The charity must be registered to solicit charitable contributions or otherwise exempt for the contract to be accepted.
Contract Amendment
Agency Fee: $0
Due: An amendment filing should be made before the expiration date of a campaign in order to extend the campaign.
Notes: To report an extension of a campaign or another change to a campaign agreement, submit a cover letter describing the change and include a copy of the amended agreement.
Labyrinth has taken the stress out of ensuring our organization is current with all state requirements. Their knowledgeable staff are always available to answer questions and provide guidance giving me peace of mind. I can’t say enough about the value they bring to our organization.
A Professional Fundraising Counsel is any person who, for compensation, plans, conducts, manages, advises, consults, or prepares material for, or with respect to, the solicitation of contributions in this state for a charitable organization, but who actually solicits no contributions as a part of the person's services, and who does not employ, procure, or engage any compensated person to solicit contributions. The term shall not include a bona fide volunteer, salaried officer, or employee of a charitable organization.
Hawaii Professional Fundraising Counsel Registration
Agency: Hawaii Tax and Charities Division
Law: HI Stat. § 467B-12
Initial Registration
Filing Method: Online
Agency Fee: $250
Notes: Initial registrations are not accepted without a copy of a contract the counsel has entered into with a charitable organization.
Before You Apply: Each registration and renewal registration shall contain:
- The names and addresses of all owners, officers, and directors of a professional fundraising counsel, and the names and addresses of all owners, officers, and directors of a professional solicitor;
- A statement concerning the corporate form of the registrant, whether corporation, limited liability corporation, partnership, or individual;
- A statement whether the registrant has an office in Hawaii and the name and phone number of the person in charge of the office;
- The names and addresses of any individuals supervising any solicitation activity;
- A statement whether the [registrant] has entered into a consent agreement with, or been disciplined by or subject to administrative action by, another governmental agency;
- A statement whether any officer, director, or any person with a controlling interest in the registrant has ever been convicted of a felony or a misdemeanor involving dishonesty in the solicitation for a charitable purpose;
- The date that the registrant began soliciting Hawaii residents on behalf of a charitable organization or providing professional fundraising counsel services; and
- Whether any owners, directors, or officers are related to:
- Any other officers, directors, owners, or employees of the registrant;
- Any officer, director, trustee, or employee of a charitable organization under contract with the registrant; and
- Any vendor or supplier providing goods or services to a charitable organization under contract with the registrant.
Registration Renewal
Filing Method: Online
Agency Fee: $250
Due: Annually by July 1
Contract Filing
Agency Fee: $0
Due File a notice of entry into contract at least 10 days prior to the start of the performance of the contract.
I highly recommend this company for any organization that needs help with state filings. They have excellent customer service, have exceptional pricing, and have a true passion for helping organizations with this service. They are FANTASTIC!!
Professional solicitor means any person who, for a financial or other consideration, solicits contributions in this State for a charitable organization, or any person with whom the professional solicitor independently contracts to solicit for contributions. A person who is otherwise a professional fundraising counsel shall be deemed a professional solicitor if the person's compensation is related to the amount of contributions received or has custody or control of contributions received. The term does not include a bona fide volunteer. The term includes a salaried officer or employee of a charitable organization if the salaried officer or employee of the charitable organization receives percentage compensation. The term does not include an attorney, investment counselor or advisor, financial advisor, or banker, or other person who: (1) Advises another person to make a contribution to a charitable organization as part of the person's employment; and (2) Does not receive compensation from the charitable organization for that advice.
Hawaii Professional Solicitor Registration
Agency: Hawaii Tax and Charities Division
Law: HI Stat. § 467B-12
Bond Requirements: $25,000
Initial Registration
Filing Method: Online
Agency Fee: $250
Turnaround: 15 business days
Notes:
- Before you Apply -
- Any other officers, directors, owners, or employees of the registrant
- Any other officers, directors, owners, or employees of the registrant
- Any vendor or supplier providing goods or services to a charitable organization under contract with the registrant. [L 1969, c 167, pt of §1; gen ch 1985; am L 1993, c 206, §13; am L 2004, c 93, §12; am L 2006, c 168, §5; am L 2008, c 174, §9; am L 2013, c 61, §12]
Bond Amount
Registration Renewal
Filing Method: Online
Agency Fee: $250
Due: Annually by July 1.
Penalties: If a renewal registration required under this section is not filed, unless it is shown that the failure is due to reasonable cause, a fine of $20 shall be imposed for each day during which the violation continues; provided that the total amount imposed under this subsection shall not exceed $1,000.
Contract Filing
Filing Method: Online
Agency Fee: $0
Due: File a notice of entry into contract at least 10 days prior to the start of the performance of the contract.
Financial Reporting
Filing Method: Online
Agency Fee: $0
Due: Within 90 days after a campaign has ended and on the anniversary of commencement for campaigns lasting more than a year.
Hawaii Individual Nonprofit & Fundraising Licenses
NOT REQUIRED
Professional Solicitor licensure is not required on the State level in Hawaii.
Solicitors who are not employed by a professional fundraising firm but operate independently may be required to register. Employees of professional fundraising firms are generally not required to register as an individual solicitor in Hawaii.
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