New Hampshire Foreign Qualification
New Hampshire is a small state filled with big potential. Businesses that want to branch out and begin operating here will have to foreign qualify in order to stay compliant when they do. Understanding the basics of the process is very important for any business owner.
What is Foreign Qualification?
Foreign qualification is the process of registering a business so that it may operate within a state other than the one it was formed in. In this case, ‘foreign’ doesn’t refer to something out of the country – the term applies to any business in another state.
Why Does A Company Need Foreign Qualification?
Why You Need To Do It – Businesses must foreign qualify if they wish to have any kind of physical presence in New Hampshire. Whether it is a warehouse, a storefront, or just a representative working within the state, you’ll have to foreign qualify to stay compliant.
When Should You Do It? – It’s important to start the process as soon as your business decides that it will be operating in New Hampshire. This way, you avoid the negative impact that any potential delays may have on your business plan. Generally, you will need to receive New Hampshire foreign qualification if your company falls under any of the following criteria:
- Has a physical presence in New Hampshire
- Buying a property there
- Have remote employees
- Accepts orders in New Hampshire
- Owns a bank account in New Hampshire
What Happens If Your Entity Does Not Foreign Qualify?
Failure to foreign qualify means that your business is unable to bring any lawsuit forth in the state. The business will also be held liable for potential fees, fines, and penalties in addition to potential back taxes and tax related penalties.
Steps To Obtain Foreign Qualification
There are numerous steps that must be taken in order to obtain New Hampshire foreign qualification. These steps include the following.
1. Obtain Certificates – To foreign qualify, you will need a Certificate of Good Standing or Existence from the home state of your business. You will also have to file an Application of Foreign Limited Liability Company Registration if you have an LLC. As for corporations, they should file an Application for a Certificate of Authority for a Foreign Corporation. Both forms are available on the Secretary of State website.
2. Collect And Submit Information – The application requests specific business information.
LLC
- LLC name registered in the home state
- If the name you will use in New Hampshire is different because your original name is unavailable, you should apply for a trade name using a separate application form.
- The principal office street address, mailing address, and contact information of your LLC
- Name of the home state
- The original date of LLC formation
- The nature or purpose of your business in New Hampshire
- Registered agent information
- Name and address of all members/managers you wish to place on record
- An authorized signature
Corporation
- The exact name of the corporation registered in the home state
- If the name you will use in New Hampshire is different because your original name is unavailable, you should apply for a trade name using a separate application form.
- The principal office street address
- The principal office street address, mailing address, and contact information of your company
- Name of the home state
- The original date of incorporation and duration
- Registered agent information
- The purpose of the business in New Hampshire
- Names and addresses of officers and directors
- An authorized signature
3. Appoint Registered Agent – Your registered agent is the individual responsible for handling the majority of your foreign qualification and compliance tasks. Most businesses will turn to a third party provider like DoMyLLC in order to streamline the process for themselves.
4. File The Application – Upon completion of the paperwork it may be filed. The filing fee is $100 for both corporations and LLCs, with an additional $50 filing fee if a trade name application must be filed as well.
5. Ongoing Maintenance – New Hampshire requires any business to file an annual report each year. The due date for filing is April 1st and the fee for corporations and LLCs alike is $100.
What Is the Difference Between Foreign Qualification And Incorporating?
Incorporating a business is a process that creates an entirely new business entity. Foreign qualification won’t create a new business or modify an existing business’ structure. Instead, it only provides an existing LLC or corporation with the ability to legally operate in another state.
How DoMyLLC Can Assist With Streamlining The Process
We understand the challenges that business owners face every day. There are a lot of responsibilities you have to manage, so we take the process of New Hampshire foreign qualification off your shoulders. We do everything for you, giving you more time to focus on other aspects of your daily activities. Our team provides:
- Dedicated account managers
- Name availability checks
- Full filing and registration service
- Unlimited, ongoing customer support
No matter what your business focus is, we’ll make it easy to foreign qualify in New Hampshire. Contact us today to get started.
New Hampshire Foreign Qualification FAQs
What Paperwork Is Required?
The state requires that you file an Application of Foreign Limited Liability Company Registration or an Application for a Certificate of Authority for a Foreign Corporation.
What Fees Are Needed?
There is a filing fee of $100 for both corporations and LLCs. If filing a trade name application, you’ll have an additional $50 fee.
Who Can File For Foreign Qualification?
Any business formed and existing in another state that wishes to do business within New Hampshire.
Do You Need An Attorney For Foreign Qualification?
No. However, it’s always in the best interests of any business to discuss their plans with their legal team before beginning them.
What Information Is Needed For The Certificate Of Authority?
You’ll have to provide basic business related information including things like:
- Name of business
- State of formation
- Business type
- Registered agent information
- Addresses – mailing and physical
What If My Name Is Not Available?
You will have to file for qualification under a fictitious name. This will have no impact on the name that your business operates under in any other state.
New Hampshire Business Resources
New Hampshire Office of Secretary of State
Phone:
(603) 271-3246
Address:
New Hampshire Secretary of State
107 North Main Street
Concord, NH 03301-4989
If you’re interested in more info on foreign qualification, call 888-366-9552.