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Frequently Asked Questions
Click
here for FAQ's
pertaining to annual report filings.
1. Do I have to
register?
2. What are the consequences of
not registering my business?
3. Do you offer information on
resources to get my business started?
4. What is the difference between a corporation and a
limited liability company? How does an "S" corporation differ from a
corporation?
5. Can I register on-line?
6. May we conduct on-line searches for name availability?
7. When I register my company name, will I receive the ID number
too?
8. May I get a copy of annual report / articles / certificate of
good standing?
9. What is the status of my registration?
10. Who are the owners, agents and officers of a particular
business?
11. What forms of payment do you accept?
12. What are your hours of operation?
13. How do I get a resale
certificate?
14. Must a name reservation be filed at the same time as a
corporation or limited liability company?
15. Can I file a name reservation for a
nonprofit or a trade name?
16. Must I file bylaws or operating
agreements with the Secretary of State’s office?
17. To what address will the acknowledgements for filings of
corporations and limited liability company forms be sent?
18. How does my nonprofit obtain tax exempt status?
19. How do I convert my existing entity to a limited liability
company?
20. Can I convert my existing corporation to a limited liability
company which is already filed with the N.H. Secretary of State?
21. Can a N.H. limited liability company convert to a N.H. corporation?
22. Do I need any other license or
certification to conduct my business?
23. What are my future obligations with the Secretary of State's
office after I register my business?
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Do I have to register?
A person conducting business under
any name other than his/her own legal name must register. For example, John D.
Smith doing business as "John D. Smith" does not have to register;
however, if he conducts business as "John Smith Enterprises" he does
have to register as "Enterprises" is not part of his legal name.
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What are the consequences of
not registering my business?
You do not have the authority to conduct any business (including
advertising) under any name other than your own personal legal name until that
name is registered with this office. The Secretary of State’s office is not an enforcement agency. However, not
registering can have consequences with other agencies or institutions.
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Do you offer information on
resources to get my business started?
Information
for resources available for starting a business in New Hampshire may be found
at the
State of N. H. Economic Development Division, New Hampshire Business Resource
Center
official
website. Links to
our registration forms that may be downloaded can be found under
Forms and Laws in our navigation bar to the left
(visible on all pages of our website). You can
also contact the U.S. Small Business Administration at
www.sba.gov/nh
or call
Alice Zachos at 603 225-1607 or Miguel Moralez at 603 225-1601.
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What is the difference
between a corporation and a limited liability company? How does an "S"
corporation differ from a corporation?
The structure your business assumes is important in
determining your limitations and liabilities. If you are unsure of what entity
would be most beneficial for your business, your accountant or attorney can
help you decide what type of business structure best fits your needs. For a description of the types of business
entities in New Hampshire, please follow this link:
Types of Business Entities in New Hampshire.
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Can I register on-line?
On-line registration is not available at this time. Our goal is to provide
this valuable service at a future date.
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May we conduct on-line
searches for name availability?
An on-line search for name availability is not available at this time.
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When I register my company
name, will I receive an ID number too?
We can provide you with a unique number assigned to each business
entity who registers with the State of New Hampshire.
If you would like to apply for a Federal or Employer ID # (FEIN), you can
apply online at the IRS website by following
this link, download the application form
here or you can contact the
IRS at 1-800-829-4933.
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May I get a copy of annual
report / articles / certificate of good standing?
Copies and Certificates may be ordered in writing from the Secretary
of State. Plain copies are free for the first 20 pages. Requests that exceed
20 pages cost $.50 per page beginning from page one.
Certified copies are $1.00 per page and $5.00 for the Certified Jacket.
The Secretary of State’s office will invoice for this service.
Certificates of Good Standing cost $5.00 each and must be pre-paid.
Expedited service is available in the office for an additional
$25.00.
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What is the status of my
registration?
For the status of your registration, kindly call our information
line at 603-271-3246. The line is open from 8:30 a.m. to 4:00 p.m.
Be prepared to give the operator the name you are registering and the date the
form was mailed or hand-delivered to our office.
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Who are the owners, agents
and officers of a particular business?
Please visit the Business Name Lookup section of our website to view
the most recently filed annual report. Otherwise, this information is available by calling our information line at
603-271-3246. The line is open during business hours from 8:30 a.m. to
4:00 p.m. Be prepared to give the operator the name of the business you
are inquiring about and what information is required.
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What forms of payment do
you accept?
We accept
check, money order, ACH e-account or cash payment. Cash will only be accepted
if payment is in the exact amount owed. Checks should be made payable to "State
of
New Hampshire".
Credit card payment is accepted for on-line filing of annual reports only (Mastercard
and VISA only). To
establish an e-account, you may contact our Accounting Dept. at 603-271-3242.
Please note: At this time, we cannot accept credit cards with an address
outside of the United States.
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What are your hours of
operation?
The Corporation Division office is open for business from 8:30 a.m. to 4:00 p.m.
Our telephone lines are open from 8:00 a.m. to 4:30 p.m.
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How do I get a resale
certificate?
Please refer to the Dept. of Revenue Administration website
http://www.nh.gov/revenue/taxpayer/resalecert.htm
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Must a name reservation be
filed at the same time as a corporation or limited liability company?
No, an application for
reservation of name (Form 1) is not to be filed at the same
time as the certificate of formation or articles of incorporation is filed. A
reservation of name is filed prior to the filing of the
certificate of formation or articles of incorporation, to:
a.) insure the name is available prior to completing the certificate of
formation, articles of incorporation or other documentation. In the event the
name is not available, the need to rewrite the forms and other documentation
is avoided.
b.) hold the name (if available) for a period of 120
days to allow that amount of time for the preparation of the documents,
without the danger of losing the name.
Note: Name reservations
cannot be filed for a trade name or nonprofit corporation.
By filing the certificate of
formation or articles of incorporation, the entity's name is registered and
protected as long as the LLC or corporation remains active on our records.
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Can I file a
name reservation for a nonprofit or a trade name?
A reservation of name is used for a limited liability
company, for-profit corporation, limited liability partnership, limited
partnership or investment trust name. Names cannot be reserved for nonprofits
or trade names prior to filing the documents.
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Must I file bylaws or
operating agreements with the Secretary of State’s office?
No; bylaws and operating agreements are not filed
in this office. The Secretary of State’s office only files articles of
agreement (for a nonprofit corporation), articles of incorporation (for a
for-profit corporation), and certificates of formation (for a limited
liability company).
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To what address will
the acknowledgements for filings of corporations and limited liability company
forms be sent?
Acknowledgements will be mailed to the
address of the person or entity filing the documents.
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How does my
nonprofit obtain tax exempt status?
Tax exempt status [501 C (3)] is
obtained through the Internal Revenue Service. Please refer to
FAQ's regarding Applying for Tax Exemption.
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How do I convert my existing entity to a
limited
liability company?
You must file a certificate of conversion,
together with a certificate of formation and form SRA. All three forms with
their fees must be submitted together.
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Can I convert my existing
corporation to a limited liability company which is already filed with the
N.H. Secretary of State?
No; the limited liability company is created at the time the conversion
forms are filed. If the limited liability company has already been formed, it cannot be created
as a result of the conversion.
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Can a N.H. limited liability company convert to a N.H.
corporation?
No; current law does not allow for a N.H. limited
liability company to convert to a NH corporation.
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Do I need
any other license or certification to conduct my business?
There is no further licensing with
this office, however, there may be a requirement for a license or certificate
from another agency. Follow this link to the
New Hampshire Employment Security website
to find out if you need additional licensing or certification.
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What are my future obligations with the Department of
State's office after I register my business?
Corporation, Professional
Corporation, Limited Liability Company, Professional Limited Liability
Company, Consumer Cooperative, Business Trust
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An annual report and filing fee
for these business types is due by April 1st of each year following the
year of registration |
| Investment Trust, Limited
Liability Partnership, Agricultural Cooperative |
An annual filing fee for these
business types is due by April 1st of each year following the year of
registration
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| Trade Name |
Must be renewed every five (5)
years to remain active
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| Nonprofit |
A report and filing fee for
these business types is due by December 31st every five (5) years
pursuant to RSA 292
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