How to File the Articles of Incorporation for a Hawaii Nonprofit

If you are starting a 501(c)(3) nonprofit in Hawaii, you have come to the right place. After reading the comprehensive guide for Hawaii nonprofit formation, follow this guide to file the Hawaii Articles of Incorporation with the Department of Commerce & Consumer Affairs.

What is covered in this guide:

1. Information you will need to file the Hawaii Articles of Incorporation
2. How to file the Hawaii Articles of Incorporation
3. Hawaii Nonprofit Formation FAQ

To become a nonprofit corporation in Hawaii you must file DNP-1, the Articles of Incorporation.

Here are the sections that you will need to complete.

Enter the name you selected.

For help with selecting a name for your nonprofit read our comprehensive guide on how to name a Hawaii nonprofit.

Enter the mailing address of the organization’s principal office.

The registered agent can be any entity registered to do business in Hawaii or any person who is a resident of the state. Your organization cannot act as its own registered agent.

Enter the information of the registered agent you selected.

For more information read our guide: What is a registered agent? and The Hawaii Registered Agent Guide.

The incorporator is the person who completes, signs, and submits the certification of formation. This person does not need to be a part of your organization. This can be you or a lawyer helping you with the process of formation.

Enter the name and address of each incorporator of the corporations.

Indicate whether the corporation has members.

Describe the purpose of your nonprofit organization and additional provisions.

In order to qualify for 501(c)(3) status, the organization’s purpose must explicitly be limited to one or more of the following:

• Charitable
• Religious
• Scientific
• Literary
• Testing for public safety
• Fostering national/international amateur sports competition
• Preventing cruelty to animals/children

NOTE: You can read the IRS guidelines on their website.

Use this section of the articles of formation to formally state what the assets of the organization will be used for, and what will happen to the assets if the organization is dissolved.

To be eligible for 501(c)(3) status, you must convince the IRS that the organization’s assets will always only be used for the purposes approved under 501(c)(3) rules. To this end, you must include provisions ensuring that in the event your organization is dissolved, the assets of the organization will be used towards tax-exempt purposes.

Section 5 of this sample document provides an example of these provisions required for 501(c)(3) eligibility.

There are two ways to submit your Articles of Incorporation:

Online:

File the Articles of Incorporation through Hawaii Business Express.

By Mail:

Submit the Articles of Incorporation to the mailing address below:

State of Hawaii
Department of Commerce & Consumer Affairs
Business Registration Division
P.O. Box 40
Honolulu, HI 96810

The filing fee is $25 with an additional $1.00 State Archives fee.

• Checks and money orders for mailed forms must be made payable to the "Department of Commerce and Consumer Affairs"
• Accepted credit cards for online, fax, and email filing include Visa and MasterCard

How do I contact the Department of Commerce & Consumer Affairs for more information?

You can call for information at (808) 586-2727, email them at breg-doci-filing@dcca.hawaii.gov, or visit them at their website.

IRS - Information for Charities & Nonprofits

IRS - Required Provisions for Organizing Documents

IRS - 990 Series for Tax-Exempt Organizations

IRS - Applying for Tax-Exempt Status

IRS - 501(c)(3) Compliance Guide

Small Business Administration - License and Permits

Hawaii Department of Commerce and Consumer Affairs - Business Registration

Hawaii - Tax and Charities Division

Hawaii- Business Registration Division