New Hampshire Certificate of Authority / Applying yourself
Applying for New Hampshire authority without a preparer: forms, steps and snags
Nothing stops an out-of-state entity from applying for New Hampshire authority on its own. An LLC uses Form FLLC-1 and a corporation uses Form 40, each at $100, filed online or on paper. The notes below cover both routes and the usual snags. We do the same filings for $199 if you prefer.
A one-page fact sheet
Write the facts on one page first: the exact name, the home state, the formation date, the business in a phrase, the agent's name and street address, the signer, and the payment method. A corporation also lists its directors and officers with business addresses.
Choose the form
An LLC uses Form FLLC-1 and a corporation uses Form 40. The state's fee list shows each with a File Online link. Professional LLCs have their own version, Form FPLLC-1.
The LLC route, in numbered paragraphs
First, take the name and formation date straight from the home record. Second, decide the agent and write the street address. Third, describe the New Hampshire business in a phrase. Fourth, confirm that home reports are filed. Fifth, sign as a person with authority. Sixth, file online or mail one original with the fee.
The corporation route, in numbered paragraphs
First, copy the exact corporate name. Second, write the principal office as a street address. Third, list the current directors and officers. Fourth, name the agent. Fifth, have an officer sign. Sixth, file with $100.
Going online
The state's QuickStart system takes sign-in or sign-up, and the account you create there is the one that files the yearly report. Expect to enter the facts from your sheet.
Going on paper
Print legibly in black, on standard letter paper with 1 inch margins, sign it and send one original. Use tracked delivery and keep a copy. For corporation forms, the notes say checks are deposited on receipt and a cashed check does not prove acceptance.
Online or paper: which is easier?
Online suits a signer who can approve the form on screen and an owner who wants quick confirmation. Paper fits a signer who has to sign in ink. The fee is the same either way, apart from the handling charge on electronic payment.
Costs you will meet
The fee is $100. Electronic payment adds $2. A trade name application, if your name is unavailable, adds $50. The in-person expedite is $25. Check the total on the payment screen before you confirm it.
The agent snag
An LLC's agent must live in New Hampshire, and a form with no agent or an address elsewhere goes unprocessed. Without a local contact, a commercial agent can fill the role.
If you only have a post office box
A corporation's principal office must be a street address, though a post office box may be added to it. An LLC's registered office must be the agent's street address, so a box will not do.
Co-owners who must sign
Send the signer the finished form and the home record together, so they can see the statement is true. Ask for a scan of the signed page before the original arrives.
Waiting and following up
The office posts its current processing date on its online notice board, and the date varies. If a mailed corporation form has produced no stamped copy within 30 days of acceptance, tell us. If a filing is returned, tell us before sending a second payment.
After approval
Put the January 1 to April 1 reporting window in a calendar and keep the agent current. Both entity types report once a year.
Where owners go wrong
A name off by a comma from the home record, an agent from out of state, a signer without authority, and a good standing statement made before the home report was filed. A corporation's form also needs the signature of an officer of the kind the notes name.
When a preparer helps
A preparer helps when the signer is distant, when you need a New Hampshire agent or when you are unsure which form fits. We charge $199, apart from the state fee.
Checking the name yourself
Compare the name on the form with the home-state record character by character. Look at commas, periods, ampersands and the ending. If the same name is in use in New Hampshire, the form carries a substitute and a trade name application follows at $50.
Changes you will file later
After approval, an LLC amends its application if it changes its name or its state or country of formation, for $35. Replacing the agent or the office is a Form 10 statement for $15. An exit means filing Form FLLC-3 ($35) together with the Revenue Administration statement ($30).
Choosing the signer
The signer vouches for the statements on the form, so pick someone who can read the home record and has authority under home law. For a corporation the choice is among the officers the notes name.
What the Division does not answer
The state posts its current processing date on QuickStart. The Division does not say whether your activity counts as doing business, since that is a legal question.
A cost recap
State fee $100, online charge $2, substitute name $50, in-person expedite $25, first report $100. Those are the amounts you can meet before the first year ends.
If you work with a lawyer
A lawyer can judge whether your activity is doing business and advise on earlier years. The filing itself needs nothing a lawyer must do, so you can use counsel for the legal question and handle the form yourself or with us.
What to keep
Keep a copy of the filed form, the confirmation, the approved record, the agent's signed agreement and the reporting dates. Store them with the entity's home-state records.
The first ninety days
After approval, tell the agent the registration is live and enter the January 1 to April 1 window in a calendar.
What happens to the money if you change your mind
The state fee is paid with the filing, so decide on the entity, the agent and the signer before you submit. If you pay and then spot a mistake, tell us before you file a second time.
Documents to have open on your desk
Open the home-state formation record, the home annual report receipt, the agent's contact details, the signer's authority (a manager's resolution or an officer's title) and the payment method. Everything on the form comes from those five.
When the form is for a corporation and you are unsure of the officer list
Ask the corporation's secretary for the current list of directors and officers before you start. The form needs each name with a usual business address, and an out-of-date list holds a corporate form up.
Applying for authority yourself
Match form to entity
LLCs use FLLC-1, corporations use Form 40.
Gather the facts
Name, date, agent, signer and payment.
Choose online or paper
The online system, or print and mail one original.
Complete the form
Use the exact home-state name.
Sign and pay
$100 plus any handling charge.
Diary the report
January 1 to April 1.
Registered agent: first year included, then $149 a year
$199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
Do-it-yourself questions
Must a lawyer be involved?
Not to file.
Can I pay by card?
Online, yes, with a handling charge.
What if the form is returned?
Tell us before filing again.
Our fee and New Hampshire's
The Secretary of State's fee is $100 for an LLC filing and $100 for a corporation filing. We show the state fee apart from our own. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
Get my New Hampshire authority
NH$199
+ $100 state fee
- The right New Hampshire form for your entity, completed from your answers
- The agent and the signer tested against what the state requires
- Our New Hampshire agent and office, or an agent you pick yourself
- The approved record sent to you
- Renewal: after the first year, the agent service renews at $149 a year
Sources
- New Hampshire Secretary of State, LLC forms and fees
- New Hampshire Form FLLC-1, foreign LLC registration, and its instructions
- New Hampshire Secretary of State, domestic and foreign corporation forms and fees
- New Hampshire Secretary of State, nonprofit corporations and associations forms and fees
- New Hampshire Form 40, foreign for-profit corporation certificate of authority, and its notes
- RSA 293-A:15.03, application for a certificate of authority
- New Hampshire QuickStart, annual report and annual fee schedule
- New Hampshire Secretary of State, annual report reminder notice
- New Hampshire Secretary of State, business FAQs
- New Hampshire QuickStart, announcements
- RSA 304-C:177, names, registered office and agent
- RSA 304-C:194, annual reports to the Secretary of State
- RSA 304-C:178, amendments to the application
- RSA 77-A:18, certifications for withdrawal and good standing
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