Hawaii Fundraising Registration Requirements

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


Need a different state? Visit our 50-state Compliance Guide


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.

Trust the #1 Choice for State Charitable Registration
Contact Us Today

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:

  • 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
  • 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:

  • 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 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.

  • - How to Apply -

    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.

    - Required Attachments -

  • 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
  • Registration Renewal

    Filing Method: Online

    Agency 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.
  • There is no official start to the renewal period, so renewals may be submitted as soon as financials become available for the most recently completed fiscal year.
  • 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:

  • IRS form 990
  • Audited financials (if applicable)
  • 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:

    1. The goods or services to be offered to the public;
    2. The geographic area where, and the starting and final date when, the offering is to be made;
    3. 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;
    4. 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
    5. 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.


     
    I’ve had great experiences with Labyrinth across two organizations, I definitely recommend their services!

    Killjan Anderson – USA BASKETBALL


    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:

    1. The goods or services to be offered to the public;
    2. The geographic area where, and the starting and final date when, the offering is to be made;
    3. 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;
    4. 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
    5. 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.

    Beth Lyons, Director of Development, Homes for Our Troops


    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:

    1. 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;
    2. A statement concerning the corporate form of the registrant, whether corporation, limited liability corporation, partnership, or individual;
    3. A statement whether the registrant has an office in Hawaii and the name and phone number of the person in charge of the office;
    4. The names and addresses of any individuals supervising any solicitation activity;
    5. 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;
    6. 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;
    7. The date that the registrant began soliciting Hawaii residents on behalf of a charitable organization or providing professional fundraising counsel services; and
    8. 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!!

    Jacquelyn Bussotti, Human Resources Manager, Parkinson’s Foundation


    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:

  • The attorney general shall notify the professional fundraising counsel or professional solicitor in writing within fifteen business days of its receipt of the registration statement; otherwise the registration statement is deemed to be approved.
  • Within seven business days after receipt of a notification that the registration requirements are not satisfied, the professional fundraising counsel or professional solicitor may request a hearing.
  • - Before you Apply -

  • 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 regarding 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
  • Provide information regarding whether any owners, directors, or officers are related to:
    • 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

  • 25,000
  • Term for one year
  • A partnership or corporation that is a professional solicitor may file a consolidated bond on behalf of all its members, officers, and employees.
  • 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.


     
    Thank you, you truly are amazing! And frankly we would be lost in all of this if it wasn’t for you.

    Lisa Strand, Operations Coordinator, Life is Good Playmakers



    Learn about fundraising in other jurisdictions: