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About Nonprofit & Charitable Organizations Law in Bellevue, United States

Nonprofit and charitable organizations in Bellevue operate under both federal and state law. In Washington state, nonprofit corporations are governed by the Nonprofit Corporations Act, codified in RCW 24.03, which covers formation, governance, and dissolution. In addition, charities that solicit contributions must comply with the Charitable Solicitations Act, RCW 19.09, administered by the Washington Secretary of State. For federal tax exemptions like 501(c)(3), organizations rely on the Internal Revenue Service rules and processes. Understanding both state and federal requirements is essential for lawful operation in Bellevue.

All charitable organizations and individuals soliciting contributions in Washington must register with the Secretary of State's Charities Program and file annual financial reports with the state.

Source: Washington Secretary of State Charities Program

For primary statutory references, see the Washington Legislature pages for RCW 24.03 (Nonprofit Corporations) and RCW 19.09 (Charitable Solicitations).

Source: RCW 24.03 - Nonprofit Corporations

Source: RCW 19.09 - Charitable Solicitations Act

Why You May Need a Lawyer

In Bellevue, complex nonprofit matters often require skilled legal guidance to avoid costly mistakes. A qualified attorney or solicitor can help you navigate formation, governance, compliance, and disputes with precision.

  • Formation and 501(c)(3) status - A new Bellevue nonprofit must prepare articles of incorporation, establish bylaws, appoint officers, and file IRS Form 1023 or 1023-EZ to obtain federal tax-exempt status. An attorney can tailor governing documents to your mission and help with the IRS process, which can take several months.
  • Charitable solicitations and fundraising compliance - If your Bellevue charity plans a citywide fundraiser, you must register with the Washington Secretary of State and comply with annual financial reporting. Failing to do so can incur penalties and affect donor trust.
  • Governance and internal controls - Drafting robust bylaws, adopting a formal conflict of interest policy, and implementing financial controls reduces risk of internal disputes or liability for board members.
  • Employee and contractor classifications - Nonprofits must correctly classify workers and comply with wage and hour laws, including payroll taxes and benefits requirements, to avoid misclassification disputes.
  • Mergers, consolidations, or dissolution - When combining two Bellevue nonprofits or winding down, you need careful asset distribution plans and compliance with applicable Washington laws to protect donors and beneficiaries.
  • Enforcement and investigations - If state or federal agencies investigate fundraising disclosures, governance practices, or financial reporting, experienced counsel helps respond and protect the organization.

Local Laws Overview

Two core Washington statutes shape nonprofit operations in Bellevue: RCW 24.03, the Nonprofit Corporations Act, and RCW 19.09, the Charitable Solicitations Act. These statutes establish the framework for formation, governance, fundraising, and reporting by nonprofit entities and charitable solicitors in the state.

RCW 24.03 governs how nonprofits are formed, how their boards oversee operations, and how dissolution or asset distribution occurs. It also addresses corporate powers, duties of officers, and annual reporting requirements for nonprofit corporations in Washington.

RCW 19.09 requires organizations soliciting charitable contributions to register with the Secretary of State, provide disclosures about fundraising activities, and file annual financial reports. The Act aims to protect donors and ensure transparency in charitable activities conducted within Bellevue and the wider state.

Source: RCW 24.03 - Nonprofit Corporations

Source: RCW 19.09 - Charitable Solicitations Act

Source: Washington Secretary of State Charities Program

Frequently Asked Questions

What is a nonprofit corporation under Washington law?

A nonprofit corporation is a entity formed for a public or charitable purpose and exempt from some taxes. It is governed by articles of incorporation and bylaws, with duties on the board and officers outlined in RCW 24.03.

How do I form a nonprofit in Bellevue, Washington?

You form a nonprofit by filing articles of incorporation with the Washington Secretary of State, drafting bylaws, appointing initial directors, and applying for federal tax-exempt status with the IRS.

What is the difference between 501(c)(3) and other exemptions?

501(c)(3) provides federal tax exemption for charitable, religious, or educational purposes. Other classifications cover different purposes and restrictions, such as social welfare or civic leagues, with separate requirements.

How do I register to solicit charitable contributions in Washington?

Register with the Washington Secretary of State Charities Program before soliciting contributions. This includes submitting requested financial information and renewing annually.

How much does it cost to form and maintain a nonprofit in WA?

Costs include filing fees for articles of incorporation, annual report fees with the state, and IRS filing costs for 501(c)(3) status. Fees vary by entity type and size of fundraising activities.

How long does IRS 501(c)(3) determination take?

IRS determinations typically take several months, depending on the complexity of your application and whether you file a standard Form 1023 or streamlined Form 1023-EZ.

Do I need a lawyer to form or run a nonprofit in Bellevue?

While not required, an attorney can help tailor governing documents, ensure compliance with state and federal rules, and manage risk during formation and ongoing operations.

Do I need to file annual reports with the Secretary of State?

Yes. Washington nonprofit corporations must file annual or periodic reports and maintain up-to-date information with the Secretary of State as part of corporate compliance.

How should I handle conflicts of interest on a nonprofit board?

Adopt a formal conflict of interest policy, disclose potential conflicts, and recuse affected directors from related decisions to protect governance integrity.

Can a Bellevue nonprofit hire employees or use independent contractors?

Yes, but you must follow employment laws, classify workers correctly, with proper payroll, taxes, and benefits where applicable to avoid misclassification issues.

What is the process to dissolve a nonprofit and distribute assets in Washington?

The process involves board approval, creditor notice, dissolution filings, and transfer of assets to another qualified organization under state law and the governing documents.

What is the difference between forming a nonprofit and becoming a charitable organization?

Formation creates a legal entity; obtaining a charitable status often refers to qualifying for tax-exempt recognition and fundraising compliance with state and federal authorities.

Additional Resources

  • Washington Secretary of State - Charities Program - Regulates charitable organizations and charitable solicitations in Washington; provides registration, reporting, and compliance guidance. https://www.sos.wa.gov/charities/
  • Washington State Legislature - RCW 24.03 and RCW 19.09 - Official statutory framework for nonprofit corporations and charitable solicitations in Washington. RCW 24.03RCW 19.09
  • Internal Revenue Service - Charities and Nonprofits - Federal rules on tax-exempt status, Form 990 reporting, and governance for 501(c)(3) organizations. https://www.irs.gov/charities-non-profits

Next Steps

  1. Define your nonprofit's purpose and structure - Clarify mission, activities, and whether you will pursue 501(c)(3) status. This helps in selecting the right governing documents and tax classification. Timeline: 1-2 weeks.
  2. Gather core documents - Collect proposed articles of incorporation, bylaws, initial director list, and any governing policies. Timeline: 1 week.
  3. Consult a Bellevue nonprofit attorney or legal counsel - Schedule a 60-minute consultation to review formation options, fundraising plans, and compliance needs. Timeline: 1-2 weeks to arrange.
  4. Draft and finalize governance documents - Have an attorney tailor articles of incorporation and bylaws to your mission and leadership structure. Timeline: 2-4 weeks.
  5. Prepare for IRS and state registrations - Start IRS Form 1023 or 1023-EZ and plan for WA Charities registration and annual reporting. Timeline: 1-3 months for initial steps; annual requirements follow.
  6. Develop a fundraising and compliance plan - Create disclosures, donor communications, and financial controls aligned with RCW 24.03 and RCW 19.09 requirements. Timeline: 2-4 weeks.
  7. Engage ongoing legal support as needed - Establish a routine for annual reporting, contract reviews, and governance updates with a Bellevue attorney. Timeline: ongoing.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.