Steps to Convert a Private Foundation to a Philanthropic Fund at Hawai’i Community Foundation
Below is a summary of the steps necessary to complete the dissolution of a private foundation formed as a Hawai’i Nonprofit Corporation that does not have members (“Private Foundation”). Additional or different steps may be necessary if the Private Foundation is formed in another jurisdiction, has members, or if unanimous director approval cannot be obtained. Please note that the summary and draft documents below are not intended to provide specific legal advice. This general guidance is provided for the Private Foundation’s convenience to help streamline and expedite the dissolution process. Private Foundation Dissolution Steps Step #
Related Document Description
Action Required
1. Decide which type of Philanthropic Fund (or funds) best meets the needs of the Private Foundation. Hawai’i Community Foundation (“HCF”) can provide more information about fund options. 2. Board adopts Plan of Dissolution
Document #1: Written Consent of the Board
Certified by an officer (page 1) Signed by all directors (page 2)
3. Provide Notice to Attorney General (“AG”)
Document #2: AG Notice of Intent to Dissolve
Send Notice to AG.
Plan of Dissolution (Exhibit “A”)
4. Finalize HCF Gift HCF will provide the Gift Instrument Instrument to establish the selected Philanthropic Fund 5. Provide notice of dissolution to and pay all creditors (if any)
Signed by an officer
Note: There are additional documents that should be enclosed with this Notice, as listed in the AG checklist available at:
https://ag.hawaii.gov/tax/files/2013/01 /Procedure-for-Dissolution-of-a-HawaiiPublic-Benefit-Corporation.pdf
Gift Instrument completed and signed.
June 2019