West Virginia State Fundraising Registration

Resources for charities, businesses, professional fundraisers, and individuals conducting fundraising activities

 

West Virginia 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.


West Virginia 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


Company Licenses

West Virginia Nonprofit & Fundraising Company Licenses

West Virginia Charitable Bingo License

Game Type:

Bingo

Agency:West Virginia State Tax Department
Organization Age Requirement:

2 years of continuous existence in West Virginia immediately preceeding licensure.

Age Restrictions:

Participants must be at least 18 years old. Minors accompanied by a parent or legal guardian are allowed to play bingo.

Prize Limits:

Except for super bingo licenses, the average total prize value of a single bingo event is limited to $10,000.

Foreign Qualification is Prerequisite:Not Set
Exam Required?Not Set
Registered Agent (Special Agency) Required?Not Set

Initial Registration

Agency:West Virginia State Tax Department
Form:

Form BGO-1: Application for Bingo License

Agency Fee:

Varies by license type: $500 for annual license, $50 for annual senior license, $100 for limited license, $500 for state fair license, and $5,000 for super license.

Registration Renewal

Agency:West Virginia State Tax Department
Form:

Form BGO-1: Application for Bingo License (Renewal)

Agency Fee:

Varies by license type: $500 for annual license, $50 for annual senior license, $100 for limited license, $500 for state fair license, and $5,000 for super license.

Due:

Annually by the date of issuance.

West Virginia Charitable Gift Annuity Registration

Agency:West Virginia Offices of the Insurance Commissioner
Law:

WV Code § 33-13B-1 et seq.

Foreign Qualification is Prerequisite:Not Set
Organization Age Requirement:

3 years of continuous existence immediately preceeding licensure.

Minimum Unrestricted Cash or Cash Equivalent Requirement:

$300,000

Exam Required?Not Set
Registered Agent (Special Agency) Required?Not Set

Initial Registration

Notes:

West Virginia charities must provide notice on the day they first enter into a charitable gift annuity agreement. Notices must identify the organization, certify that the organization is a charity and that the annuities issued are qualified charitable gift annuities, and be signed by an officer or director.

Renewal Not Required

Not required



West Virginia Charitable Raffle License

Game Type:

Raffles

Agency:West Virginia State Tax Department
Foreign Qualification is Prerequisite:Not Set
Exam Required?Not Set
Registered Agent (Special Agency) Required?Not Set

Initial Registration

Agency:West Virginia State Tax Department
Form:

Form RAF-1: Application for Raffle License

Agency Fee:

Varies by license type: $500 for annual license, $50 for limited license, and $500 for state fair license.

Registration Renewal

Agency:West Virginia State Tax Department
Form:

Form RAF-1: Application for Raffle License (Renewal)

Agency Fee:

Varies by license type: $500 for annual license, $50 for limited license, and $500 for state fair license.

Due:

Annually by the date of issuance.

West Virginia Commercial Co-Venturer Registration

Not required



Commercial Co-venturer licensure is not required on the State level in West Virginia.

West Virginia does not currently have a traditional registration requirement for commercial co-venturers, but they may need to follow other regulations before and after fundraising events.

 “Professional fund-raising counsel” means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of any charitable organization but who actually solicits no contributions as a part of the services. A bona fide salaried officer or employee of a charitable organization maintaining a permanent establishment within the state is not a professional fund-raising counsel.

West Virginia Fundraising Counsel Registration

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

WV Code § 29-19-9

Foreign Qualification is Prerequisite:Not Set
Bond Requirements:

$10,000

Exam Required?Not Set
Registered Agent (Special Agency) Required?Not Set

Initial Registration

Form:

Form CHF: Registration Statement of Fund-Raising Counsel

Filing Method:

Mail or online.

Agency Fee:

$100

Notarize:Not required

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

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.

“Professional solicitor” means any person who, for a financial or other consideration, solicits contributions for, or on behalf of a charitable organization, whether the solicitation is performed personally or through that person’s agents, servants or employees specially employed by, or for a charitable organization, who are engaged in the solicitation of contributions under the direction of that person, or a person who plans, conducts, manages, carries on, advises or acts as a consultant to a charitable organization in connection with the solicitation of contributions but does not qualify as “professional fund-raising counsel” within the meaning of this article. A bona fide salaried officer or employee of a charitable organization maintaining a permanent establishment within the state is not a professional solicitor.

No attorney, investment counselor or banker, who advises any person to make a contribution to a charitable organization, is considered, as the result of the advice, a professional fund-raising counsel or a professional solicitor.

West Virginia Professional Fundraiser Registration

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

WV Code § 29-19-9

Foreign Qualification is Prerequisite:Not Set
Bond Requirements:

$10,000

Exam Required?Not Set
Registered Agent (Special Agency) Required?Not Set

Initial Registration

Form:

Form CHF: Registration Statement of Professional Solicitor

Filing Method:

Mail or online.

Agency Fee:

$100

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.

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
Exam Required?Not Set
Registered Agent (Special Agency) Required?No

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.

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

Registration Renewal

Form:

Registration of Charitable Organization (Renewal)

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:

Annually by the anniversary date of registration. Renewals can be filed as early as 60 days prior to the expiration date.

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

Change of Fiscal Year

Agency Fee:

$0

Turnaround:

1-2 business days

Notes:

Email the state to inform them of the change.

Cancellation

Form:

Registration of Charitable Organization (Renewal)

Filing Method:

Mail 

Agency Fee:

$0

Notes:

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

Individual Licenses

West Virginia Individual Nonprofit & Fundraising Licenses

West Virginia Individual Professional Fundraiser Registration

Not required



Professional Solicitor licensure is not required on the State level in West Virginia.

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 West Virginia.



Learn about fundraising in other jurisdictions: