Many problems can keep you from complying with New Hampshire state laws as a business owner. One is failure to appoint a registered agent when forming your company. It can lead to numerous issues, including fines, loss of your certificate of good standing, and the dissolution of your business.
That's why your enterprise needs a New Hampshire registered agent.
New Hampshire Registered Agent: Key Takeaways
A New Hampshire registered agent is the main point of contact between a New Hampshire LLC or corporation and the state or other parties.
Per New Hampshire state law, individuals and LLCs or corporations can act as registered agents. Individuals must be at least 18 years old, and businesses must be authorized to do business in the state.
Failure to select a registered agent or update their information in the event of any changes can result in the dissolution of your business by the state.
What Is a Registered Agent?
A New Hampshire registered agent is a business entity or individual responsible for receiving legal documents on behalf of your company. New Hampshire requires all organizations to designate a registered agent, regardless of their structure.[1]
A registered agent is the key to maintaining your good standing with the Secretary of State. Failure to appoint an agent puts large, medium, and small business owners at risk of the following consequences:
Inability to launch a New Hampshire LLC or corporation
Fines
Default judgments
Hard time securing finances
Tarnished reputation
Registered Agent Responsibilities
Depending on your agreement, a New Hampshire registered agent can have a wide range of responsibilities. However, their primary duty is to receive legal documents on your behalf. Once you choose your registered agent, they should notify you about any lawsuits or critical documents.
The role of an agent sounds simple, but notices, lawsuits, and subpoenas have strict deadlines. They can lead to severe financial or legal consequences if missed. That’s why it’s vital to have a responsible registered agent who will pass along your information promptly.
Here’s what a registered agent can do for you:
Receive service of process for the public record
Accept biannual or annual report reminders and report filing
Notifying you about franchise tax deadlines
Being available at a registered business address during business hours for receiving other correspondence and sorting junk mail
Corporate filings and other business services
Choosing Your New Hampshire Registered Agent
Having a New Hampshire registered agent is a must. Still, it would be best to consider New Hampshire state laws when appointing your agent.
New Hampshire Registered Agent Requirements
Your New Hampshire registered agent needs to meet the following conditions:
Individuals must be at least 18 years old
New Hampshire LLCs or corporations selected as registered agents must be authorized to do business in the state
A New Hampshire registered agent’s information must be included in LLC or corporate business formation documents
Individuals must be New Hampshire residents and have a registered office at a physical street address in the state Residency — PO Boxes and virtual addresses don’t count
You may incur state fees if you fail to designate a registered agent. Even worse, you risk compromising your good standing with the Secretary of State.
Can I Be My Own Registered Agent in New Hampshire?
You can be your own registered agent in New Hampshire, whether you have a corporation or LLC. The only condition is that you adhere to the above requirements. However, your LLC or corporation can’t be its own agent.
To appoint yourself as your own registered agent, you need only provide your business name, address, and any other required information on your LLC formation documents. If you already have an agent, you can submit an appropriate form to designate yourself as the agent.
Here are the benefits of acting as your own registered agent:
All your mail comes to one place and doesn’t go through middlemen
You can avoid some expenses of hiring a third-party registered agent service
You won’t miss legal notices if you’re already holding regular business hours at a physical street address
There are two sides to consider when determining whether or not you should appoint yourself as your registered agent. Below are the disadvantages of taking on this position:
You must hold regular business hours, cutting into your scheduling flexibility
Your registered office’s address is part of the public record, opening you up to junk mail
You must have registered offices in every state you decide to expand into
You could receive lawsuit documents in front of clients, hurting your reputation
Your workload increases exponentially, causing you to lose focus on growing your business
Benefits of a Third-Party Registered Agent
Considering the disadvantages of acting as your own registered agent, a much better decision is to outsource the responsibility to the best New Hampshire registered agent service. Swyft Filings and other high-quality third-party agents offer numerous benefits for your enterprise:
More Time for You and Your Business
Most business owners work 50-60 hours a week. You are adding even more hours to your schedule by appointing yourself as your agent, which makes your lifestyle hard to manage.
By partnering with providers like Swyft Filings you can take a break or go on a holiday without worrying about missing critical mail. You also save time otherwise spent sorting junk mail. Your third-party service does all the work for you, eliminating the need for regular business hours.
More Privacy
Having a registered agent provider allows you to keep your address private. The company uses its registered office as the agent’s address and lists it for the public record. This way, your organization receives less spam mail from marketers.
Hiring a third-party agent also lets you avoid embarrassing moments in front of your workers and customers. You don’t receive service of process documents while in a meeting. Instead, it goes to your registered agent, enabling you to deal with the issue more conveniently.
Better Company Organization
Fast-growing businesses take a lot of work to manage. One of the things you may need help with is sorting essential documents.
The easiest way to ensure no paper slips through the cracks is to work with a registered agent provider. Besides receiving New Hampshire government correspondence, your third-party agent can create your compliance calendar. Staying on top of your deadlines is more manageable, so you’re more likely to maintain good standing with the Secretary of State.
Same-Day Scanning, Notifications, and Mail Forwarding
The last thing you want is to miss your court proceedings because you didn’t receive your service of process. The risk is non-existent if a reliable third-party agent, such as Swyft Filings, takes care of your documents.
A professional provider accepts and scans your papers as soon as they receive them. They also offer same-day notifications and forwarding to help you organize the paperwork more efficiently.
Additional Corporate Guidance
A third-party registered agent isn’t just the point of contact for New Hampshire government officials. Your provider can also offer dependable customer support to flesh out any details about your agreement and clear up confusion.
How To Set Up Your New Hampshire Registered Agent
Hiring an agent provider is superior to being a self-designated New Hampshire registered agent. Let's see how business owners can appoint an agent for their New Hampshire LLC.
Electing a New Hampshire Registered Agent
To elect your New Hampshire registered agent, download and fill out the Certificate of Formation form if you’re an LLC. You must file the Certificate of Incorporation form on this website if you’re a corporation. The state fees are $100.[2]
These formation documents have dedicated sections about your registered agent. Fill out the fields and send a copy to the Secretary of State:
Corporation Division, NH Department of State
107 N. Main Street, Room 204
Concord, NH 03301-4989
Changing a New Hampshire Registered Agent
Changing your New Hampshire registered agent is even simpler:
Download the Statement of Change form.
Provide agent information (registered agent’s name and address) and pay a $15 filing fee.
Submit the details about the new agent for your New Hampshire LLC or corporation to the Secretary of State:
Corporation Division, NH Department of State
107 N. Main Street, Room 204
Concord, NH 03301-4989
FAQs
Who can be a New Hampshire registered agent?
A New Hampshire registered agent can be any adult New Hampshire resident with a physical street address. It can also be a company authorized to do business in this state.
How much does a registered agent in New Hampshire cost?
The cost of registered agents in New Hampshire generally ranges from $50 to $300 per year. Swyft Filings offers registered agent services for an annual fee of $149/quarterly.
How can I change my registered agent in New Hampshire?
Entrepreneurs can change their New Hampshire agent by filling out the Statement of Change form and sending it to the Secretary of State.
How can I find a registered agent in New Hampshire?
A Google search is usually the fastest way to find a registered agent for a New Hampshire corporation or LLC. You can also find a list on the New Hampshire Secretary of State website.[3]
What is a New Hampshire registered office?
A New Hampshire registered office is the office where your registered agent performs services and receives documents.[4]
What's the difference between a registered agent and a resident agent or statutory agent?
There are no significant differences between registered, resident, and statutory agents. They point to the same role.
What is a registered agent service?
A registered agent service is a third party that fulfills the registered agent requirements on behalf of the business. Swyft Filings offers a reliable registered agent service that maintains your privacy, provides immediate access to vital documents, and gives you more time to focus on your business.
Bibliography
Title XXVIII. "Chapter 304—C Limited Liability Companies." Accessed January 11, 2023.
State of New Hampshire. "Certificate of Formation of a New Hampshire Limited Liability Company." Accessed January 11, 2023.
New Hampshire Secretary of State. "Registered Agent List." Accessed January 11, 2023.
New Hampshire Secretary of State. “NH-SOS FAQs.” Accessed January 11, 2023.