West Virginia Charitable Registration: Fees, Thresholds, Renewal

To solicit donations lawfully in West Virginia, most charities must meet the West Virginia charitable registration requirements set by the Secretary of State: file Form CHR-1 before asking for a single contribution, pay a fee tied to annual revenue, renew every year, and include specific disclosure language on all solicitation materials. The rules come from the Solicitation of Charitable Funds Act in West Virginia Code Chapter 29, Article 19. Seven categories of organizations are exempt, and missing a deadline costs $25 per month up to $500 a year.

Who Has to Register

The requirement reaches almost any group that asks the public for money for a charitable purpose. The statute defines a “charitable organization” to include anyone who holds itself out as benevolent, educational, philanthropic, patriotic, religious, or humanitarian, or who solicits money from the public for charitable purposes.¹ Registration must be in place before any solicitation begins.²

Being based elsewhere does not help. A chapter, branch, or affiliate soliciting in West Virginia on behalf of an out-of-state charity is itself a charitable organization under the act and must register.¹

Who Doesn’t Have to Register

West Virginia Code § 29-19-6 exempts seven categories of organizations from the annual registration statement:³

Churches, synagogues, associations or conventions of churches, religious orders, and religious organizations that are an integral part of a church, if they qualify as tax-exempt under 26 U.S.C. § 501(c)(3) and are exempt from filing an annual return under 26 U.S.C. § 6033.
Schools whose curriculum is registered or approved by the State Board of Education, directly or through a recognized accrediting body, and their auxiliary associations, foundations, and support groups.
Nonprofit hospitals and licensed nursing homes.
Organizations that solicit only within their own membership, provided membership is not granted simply because someone made a donation.
Anyone collecting contributions for a specific individual named at the time of the solicitation, as long as every dollar collected goes directly to that person with no deductions.
A person, business, or group sponsoring a single fundraising event for the benefit of a named registered charity, if the charity reports the donation and certifies that no funds were withheld.
Charities that do not use professional solicitors or fundraisers and raise no more than $50,000 in a calendar year.

That last one is where organizations most often get caught out. The current threshold is $50,000, not the $25,000 figure sometimes still cited. A charity that expected to stay below the ceiling but crosses it mid-year has 30 days from the moment it exceeds $50,000 to file a registration statement.³

What Goes in the Registration

The registration statement is a sworn filing signed by the organization’s president, chairman, or principal officer. Under West Virginia Code § 29-19-5, it must include:²

The charity’s name, purpose, principal address, any in-state offices, and the names and addresses of its West Virginia chapters or affiliates.
Where and when the organization was legally established and its form of organization.
Names and addresses of all officers, directors, trustees, and the principal salaried executive.
A balance sheet and income-and-expense statement for the most recent fiscal year showing what was raised, what fundraising cost, and how the money was spent.
A copy of the IRS 501(c)(3) determination letter and the most recently filed IRS Form 990 and Schedule A for the charity and any parent organization.
Whether the charity will solicit directly or through professional solicitors, and the methods it will use.

The Secretary of State uses Form CHR-1 for both initial registration and renewals, available on the Secretary of State’s forms page.⁴ Charities registering in several states can also consider the Unified Registration Statement where accepted, though its practical use has narrowed as states have moved to online filing.⁵

Fees and Audit Thresholds

The registration fee is based on annual contributions:⁴

Under $1 million per year: $15
$1 million or more per year: $50

Larger organizations face additional financial scrutiny. Grants from government agencies and private foundations don’t count toward these thresholds, but all other contributions do:²

More than $200,000 but less than $500,000 in annual contributions: a financial review by an independent CPA.
More than $500,000 in annual contributions: a full audit by an independent CPA.

A CPA audit typically costs several thousand dollars, so a charity closing in on the $500,000 line should budget for one before filing time arrives. Figures on the state registration should match what the organization reports to the IRS on Form 990, because the Secretary of State’s office receives a copy as part of the filing.

Annual Renewal and Late Penalties

Registration lasts one year and must be renewed each year the organization continues soliciting in the state.² The renewal uses the same Form CHR-1 and includes updated financial statements and the most recent Form 990. A charity that stops soliciting still owes one final registration statement covering its activities during the last fiscal year in which it solicited in West Virginia.

Late filings cost $25 for each month or partial month, up to a maximum of $500 per year.² Organizations that need more time can request an extension from the Secretary of State for up to 90 days for good cause. The previously filed registration stays in effect during the extension.

Required Disclosures When You Solicit

Registration is only part of the compliance picture. Every registered charity and its professional fundraisers must disclose the following in writing when soliciting:⁶

The name of a representative of the charity who can answer inquiries.
The name of the charitable organization.
The purpose of the solicitation.
Upon request, the estimated percentage of money collected that goes to solicitation and administration versus the charitable purpose.
Any raffle, bingo, or other state permit number used for fundraising.

All printed solicitation materials must also carry a specific statement, conspicuously displayed: “West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, West Virginia 25305. Registration does not imply endorsement.”⁷ When a solicitation uses multiple pieces, the statement must appear on a prominent part of the materials. Leaving this language off is one of the most common compliance failures and a frequent trigger for enforcement attention.

The statute also bars charities from soliciting for purposes other than those stated in their materials and from spending funds raised for undisclosed purposes.⁶

Professional Solicitors and Fundraising Counsel

If a charity hires paid help, those individuals have their own registration obligations. A professional solicitor is anyone who, for compensation, directly solicits contributions on behalf of a charity. Professional fundraising counsel advises or manages a solicitation campaign for a flat fee but does not personally ask for donations.¹

The registration fee for a professional solicitor is $100, and the solicitor must post a $10,000 surety bond with corporate surety to protect charities and donors against mishandled funds.⁴ Solicitation contracts must be filed with the Secretary of State and must state the compensation arrangement clearly.

Records You Must Keep

Every registered charity, professional fundraising counsel, and professional solicitor must keep fiscal records detailed enough to support everything in the registration statement. Those records must be made available to the Secretary of State or the Attorney General on demand and must be retained for at least three years after the end of the registration period they cover.⁸ Three years is the floor; keeping records longer makes any later investigation much easier to handle.

Enforcement

Registration filings become public records open to inspection. The Secretary of State may investigate charitable organizations, and the Attorney General’s office can pursue legal action against organizations or solicitors that violate the act. Soliciting without registering, filing false information, or violating the disclosure rules can all trigger enforcement.

1
West Virginia Legislature. West Virginia Code Chapter 29 Article 19 – Solicitation of Charitable Funds Act
2
West Virginia Legislature. West Virginia Code 29-19-5 – Registration of Charitable Organizations; Fee
3
West Virginia Legislature. West Virginia Code 29-19-6 – Certain Persons and Organizations Exempt From Registration
4
West Virginia Secretary of State. Charitable Organizations and Professional Fundraiser Forms and Fees
5
Multi-State Filer Project. The Unified Registration Statement
6
West Virginia Legislature. West Virginia Code 29-19-8 – Limitations on Activities of Charitable Organizations
7
West Virginia Secretary of State. Charities Required Disclosure Statement
8
West Virginia Legislature. West Virginia Code 29-19-11