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New Hampshire Certificate of Authority / Registered agent

Choosing a registered agent for New Hampshire authority: LLC rules and corporation rules

Each entity holding New Hampshire authority keeps a registered agent and an office in the state. Replacing either costs $15 on Form 10. Who qualifies differs a little between an LLC and a corporation, and the LLC form's own instructions are stricter than its statute.

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Qualifying for an LLC

The LLC statute permits a resident individual, a corporation organized or authorized under RSA 292, 293-A or 294-A, an LLC formed or authorized under RSA 304-C, or an LLP under RSA 304-A:44, in each case with a business office identical to the registered office. Form FLLC-1's instructions go further: residence in New Hampshire is mandatory, and a filing that names no agent or an agent elsewhere is not processed.

Qualifying for a corporation

The corporate statute permits a resident individual, or a corporation, LLC or LLP organized or authorized in New Hampshire, whose business office is identical with the registered office. A corporation can therefore use a commercial agent that is itself authorized here, a route the LLC form's instructions steer away from.

The registered office

For an LLC it is the registered agent's business address, where the agent can be found for in-hand service of process. For a corporation it has to match the agent's business office. Either way it is a street address, not a mailbox.

The agent's job

The agent takes in legal papers for the entity. If the LLC is sued, the summons arrives there. Revocation notices travel differently: they go to the principal office on file.

Going without

For an LLC, two months with no agent or office is by itself a ground for revocation. An unregistered LLC is treated as having named the Secretary of State to take its legal process.

Replacing the agent

The statement of change goes on Form 10 for $15. For an LLC it covers the name, the current and any new registered office street address, the current and any new agent, and a statement that the office and the agent's business office will be identical. Online filing is listed for the form.

Concord providers

The state's online notice mentions Concord agent providers who handle the in-person expedite and can front its fee. When speed matters, a Concord agent helps on both counts.

Questions for a prospective agent

Ask where the agent lives or is authorized, where the office is, how papers will reach you, and what happens if the agent resigns. Keep the answers on file.

When the agent resigns or moves

A replacement is needed quickly, since two months without one is a revocation ground for an LLC. File Form 10 once the new agent agrees.

What a change adds up to

Replacing the agent costs $15 on Form 10, so registering and then changing the agent is $115 in state charges. A nonprofit pays $25 to amend its filing. The next annual report restates whoever holds the role on that date, so file the change before the window opens.

Paperwork on the agent

Keep the agent's written acceptance, a phone number, the office address and a note of how papers will be forwarded. Review the entry each January with the report.

What we offer

We can act as your New Hampshire agent and office, with the first year included in our fee. Either way, the agent has to agree before the filing goes in.

Agent and principal office are different

The registered office is where the agent sits. The principal office is where the entity runs its business and where revocation notices go. They can be the same place, but they need not be, and mixing them up leads to missed mail.

Replacing the agent on a New Hampshire authority

  1. Pick the replacement

    A New Hampshire resident, or a company authorized here, with a street address.

  2. Get its agreement

    The new agent must accept.

  3. Complete Form 10

    Old and new office, old and new agent.

  4. Pay

    $15 to the Secretary of State.

  5. Update the next report

    It restates the agent.

Registered agent questions

Can a corporation use an out-of-state company as agent?

Only a company organized or authorized in New Hampshire with its office at the registered address.

Must an LLC's agent live here?

Yes, per the form instructions.

What does a change cost?

$15.

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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.

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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
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Sources

  1. New Hampshire Secretary of State, LLC forms and fees
  2. New Hampshire Form FLLC-1, foreign LLC registration, and its instructions
  3. New Hampshire Secretary of State, domestic and foreign corporation forms and fees
  4. New Hampshire Secretary of State, nonprofit corporations and associations forms and fees
  5. RSA 304-C:177, names, registered office and agent
  6. RSA 293-A:15.07, registered office and agent of a foreign corporation
  7. RSA 304-C:184, procedure and effect of revocation
  8. RSA 304-C:183, grounds for revocation
  9. RSA 304-C:182, service on an unregistered foreign LLC
  10. New Hampshire QuickStart, announcements
  11. RSA 304-C:194, annual reports to the Secretary of State

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