Washington Administrative Code

(1) A person requesting authorization for use of the seal shall supply the following information to the secretary:(a) A detailed description of the item to be manufactured or displayed including:(i) A description of the material with which it will be made;(ii) The manner in which…

(1) In determining whether to grant authorization for use of the seal, the secretary shall consider the information provided by the applicant and shall apply the following standards:(a) Whether the appearance of the seal on the product could mislead the public to believe that the…

A license agreement issued by authority of this chapter shall contain provisions including, but not limited to, the following:(1) The agreement shall be nonexclusive;(2) Any unit manufactured or sold during the term of the agreement shall be subject to a royalty payment. No unit …

(1) An applicant may request to renew a licensing agreement without regard to whether the agreement has or has not been previously renewed. A request for renewal shall be in writing and shall be postmarked or received by the secretary on or before the last day of the agreement;(2…

The secretary may revoke any approval if the secretary determines that false or inaccurate information was submitted in the application or that any laws, rules, regulations or conditions have been violated.[Statutory Authority: RCW 43.04.040(4). WSR 89-20-031, § 434-04-080, filed…

Uses of the seal which received written authorization from the secretary before September 1, 1989 shall continue to be authorized provided that:(1) No changes in the use or in the item occur. Any changes must be approved through the application process; and(2) The use is not comm…

The corporations and charities division provides the following services:(1) Filing business records under chapter 18.100 RCW, and Titles 23, 23B, and 25 RCW;(2) Filing nonprofit entity records under Title 24 RCW;(3) Filing registrations for charitable organizations, charitable tr…

Records will only be precleared in person at the front counter. If grounds for rejection are found, a notice of the grounds will be included with the returned record.[Statutory Authority: RCW 29A.04.611. WSR 21-04-056, § 434-112-023, filed 1/27/21, effective 2/27/21. Statutory Au…

(1) Paper records, including substitute service of process on the secretary of state, delivered after the normal working hours, will be treated as though received on the next working day.(2) Records submitted online will be treated as though received as of the date and time the d…

(1) Requests for a name reservation submitted on paper are completed in order of date received unless immediate or expedited service is requested, and after payment has been made. A name reservation may be made by completing the form provided by the division or in a letter clearl…

Certificates issued by the secretary of state or the secretary's designee in furtherance of duties under Titles 18, 19, 23, 23B, 24, 25, 26 RCW and chapter 42.45 RCW will:(1) Contain a rendition of the Washington state seal;(2) Contain a mechanical or electronic reproduction of t…

Confirmation of filing of all paper or electronic records filed by the division is sent to the registered agent's email address on behalf of the entity when processing is completed, and to the return email address for the entity, if provided. Date-stamped copies of all records fi…

(1) The division may reject paper or electronic records that:(a) Are not legible; or(b) Are not able to be recorded as an image with adequate resolution and clarity; or(c) Are incomplete; or(d) Are not permitted to be filed with the division.(2) Additional information, clarificat…

(1) Persons submitting paper records under chapters 18.100, 19.77 RCW, or Titles 23, 23B, 24, and 25 RCW, must submit one copy of the record for filing.(2) Once filed, the division will retain a digital image of the paper or electronic record. The division will, upon completion o…

(1) A domestic entity and a foreign registered entity must designate a registered agent. A registered agent may be a noncommercial or commercial registered agent.(2) To be designated as a commercial registered agent, a person must deliver to the secretary of state via the online …

(1) An entity defined by RCW 23.95.105(6) and subject to RCW 23.95.255 must file an annual report accompanied by the fee established under WAC 434-112-085 by the last day of the month that the entity was formed or registered by the division.(2) An annual report may be filed up to…

(1) When a foreign entity as defined by RCW 23.95.105, submits an online foreign entity registration statement, the filing party may meet the statutory requirement for submitting a certificate of existence by submitting a digital image of a certificate of existence or document of…

(1) Online filings will be subject to an online processing fee of $20, with the exception of:(a) Annual reports;(b) Statements of change, designation, or resignation of registered agent;(c) Requested certificates; and(d) Charitable organization, charitable trust, and commercial f…

(1) Same-day service is available at the division's front counter for a service fee of $150 for single or multiple transactions on paper within each new or existing division program filing. In addition, the filing fee for each transaction applies. Same-day services may be limited…

(1) Fees paid under WAC 434-112-085 are not refundable.(2) For each certified copy of any record the fee is $20.(3) For noncertified copies of records, refer to fees established under WAC 434-12A-100.(4) For any service of process, the fee is $50 per individual, marital community…

(1) State registered domestic partnerships will be registered by the corporations and charities division of the office of the secretary of state.(2) Declarations of state registered domestic partnerships may be submitted to the division by mail, or in person. (3) The paper record…

(1) The division will provide apostille certification pursuant to RCW 43.07.032 and standard protocols under the Hague Conference 1961 Apostille Convention.(2) The division can provide apostille certification for certified government documents from the state of Washington and its…

(1) Trademarks are filed with the corporations division of the secretary of state and may be delivered in person, by mail, and when available, online.(2) Filing and other fees for trademarks are set forth in WAC 434-112-080 through 434-112-090.(3) Photocopy fees for trademarks ar…

(1) The corporations division adopts the following table for classification of goods and services:Goods1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire …

(1) Specimens submitted in support of a trademark filing must:(a) Be of sufficient quality, size and clarity to allow the division to create and maintain an accurate digital image of the specimen; and(b) Demonstrate that the trademark is in use in commerce; preliminary design art…

(1) These rules are adopted under authority of chapter 19.09 RCW, the Charitable Solicitations Act, chapter 11.110 RCW, the Charitable Trust Act, and chapter 43.07 RCW to provide for the efficient administration of these acts.(2) The filing or refusal to file a record does not:(a…

(1) "Accounting year" means a twelve-month period used by an entity to record and report financial activity for accounting and tax purposes. (2) "Charitable trust" means any real or personal property right held by an entity or person that is intended to be used for a charitable p…

All charitable organizations and commercial fund-raisers filing registrations and renewals, and charitable trusts filing renewals, are required to file using the secretary of state's online filing application, unless an online filing option is not available.[Statutory Authority: …

(1) Registration forms and attachments, filed by charitable organizations and commercial fund-raisers pursuant to WAC 434-120-105 and 434-120-215, are available for public inspection or copying. However, Social Security numbers and financial account numbers are not public informa…

(1) Charitable organizations, commercial fund-raisers, and charitable trusts registering under chapter 11.110 or 19.09 RCW are subject to the following fees:(a) Amendment of current registration: No fee.(b) Late fee, failure to renew by due date: $50.00.(c) Specialized reports: $…

A charitable organization or commercial fund-raiser registered under chapter 19.09 RCW that acquires or merges with another entity shall notify the charities program in writing by completing the form available from the charities program. The form may be requested by phone or emai…

(1) Any entity required to register under chapter 11.110 or 19.09 RCW shall notify the charities program, within thirty days of any changes to previously submitted registration or financial information reported under RCW 19.09.075, 19.09.079, or WAC 434-120-310.(2) The entity sha…

(1) Any entity registered under RCW 11.110.060, 19.09.075, or 19.09.079 that fails to renew its registration by the renewal date specified by these rules is delinquent and subject to a late fee as provided in WAC 434-120-042.(a) The charities program shall send by postal or elect…

(1) Any entity that fails to renew its registration by its renewal date shall pay the late fee identified in WAC 434-120-042 and an additional late fee for each year delinquent, including the current year it was not registered.(2) The fees for late registration or renewal are in …

A previously registered entity may reactivate its registration by submitting a registration form, the filing fee, and the late fee described in WAC 434-120-042, if applicable. An entity may retain its original registration number assigned by the charities program.[Statutory Autho…

When submitting an online filing, the person completing the filing shall sign the application by following the directions for signing the web form.[Statutory Authority: RCW 19.09.075, [19.09.]079, [19.09.]097, and [19.09.]520. WSR 12-14-114, § 434-120-050, filed 7/5/12, effective…

(1) Record retention requirements for charitable organizations and commercial fund-raisers are established in RCW 19.09.200. Charitable trusts shall retain their annual financial information and the supporting documents including books, ledgers, prepared statements, compilations,…

(1) Any entity that conducts charitable solicitations or will solicit or collect contributions from the general public for charitable purposes shall register with the charities program under the Charitable Solicitations Act, chapter 19.09 RCW.(2) Entities and solicitations exempt…

(1) Charitable organizations registering under this act shall comply with the registration requirements of this chapter by filing with the charities program, at the times and in the manner established by these rules, the state registration form described in RCW 19.09.075.(2) The …

(1) If a charitable organization has been in existence for less than three years, the organization shall calculate its average gross revenue based on the number of years the organization has been in existence to determine which tier, per RCW 19.09.541, is applicable.(2) For purpo…

(1) Charitable organizations exempt from the registration requirements under RCW 19.09.081 and WAC 434-120-100(2) may file an optional registration with the charities program.(2) Charitable organizations choosing to file an optional registration under this section may register by…

A government subdivision or publicly supported educational facility that is also a charitable organization shall report government appropriated funds only to the extent such funds are directly expended to support fund raising efforts or to defray costs of administering the organi…

Upon the request of the attorney general, secretary or the county prosecutor, a charitable organization shall submit a financial statement containing, but not limited to, the following information within thirty days from date of request:(1) The gross amount of the contributions p…

(1) All charitable organizations registered under this act shall keep records of all contributors to the organization for three years. If a commercial fund-raiser manages a campaign for a charitable organization, either the commercial fund-raiser or the charitable organization mu…

(1) Initial registration: An entity required to register as a charitable organization shall complete the form described in RCW 19.09.075 and WAC 434-120-105 and submit it with the fee in RCW 19.09.062(1) prior to conducting any solicitation.(2) Annual renewal:(a) A charitable org…

Each entity registering with the charities program may submit additional information, not required by law, if the information is intended to inform the public about its programs and activities and to verify its existence.[Statutory Authority: Chapters 11.110, 19.09, and 43.07 RCW…

(1) The charitable advisory council shall consist of at least eleven members appointed by the secretary of state and an ex officio member appointed by the attorney general.(2) Council members' terms are staggered, with the original board drawing lots for two-and three-year terms.…