How to File New Hampshire Articles of Incorporation


Steve Bennett
Steve Bennett
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File New Hampshire Articles of Incorporation

Incorporating a business is essential for entrepreneurs looking to establish their venture as a separate legal entity. By filing Articles of Incorporation, business owners in New Hampshire can enjoy myriad benefits, such as limited liability, tax advantages, and increased credibility. However, the incorporation process may seem daunting for many, especially those not well-versed in the legal intricacies of their state. This article is a comprehensive guide on how to file New Hampshire Articles of Incorporation, taking you through the necessary steps and requirements to establish your corporation successfully.

Whether you are a startup founder or a seasoned business owner, understanding the process of filing Articles of Incorporation in New Hampshire, popularly known as The Granite State, is crucial for the seamless formation of your corporation. The following sections will outline the paperwork, fees, and registration procedures specific to New Hampshire, along with tips on navigating potential roadblocks and ensuring your application is approved. Let’s dive in and explore the ins and outs of incorporating your business in New Hampshire.

What is Articles of Incorporation in New Hampshire?

The Articles of Incorporation is a legal document required to file with the state government to legalize the creation of your corporation. In other words, filing these documents with the New Hampshire Secretary of State ensures the formation of the corporation in New Hampshire officially. The Articles of Incorporation is similar to filing the New Hampshire LLC Certificate of Formation while filing an LLC in New Hampshire.

New Hampshire, also known as The Granite State, has some rules when it comes to file the Articles of Incorporation. We shared the step-by-step process here to file the incorporation document with the New Hampshire SOS. Checking with the SOS is recommended for more information.

It is always wise to consult a legal professional before you file your company under the New Hampshire SOS. FIling process can be easy, but it is sensitive. If you miss anything, it can totally stope the filing process.

– LLCBuddy Editorial Team

How to File New Hampshire Articles of Incorporation

You can file the Articles of Incorporation in several ways based on the state you are willing to start your corporation. In New Hampshire, you can file it in three methods that are online, by mail and in-person. The details are similar to the details you need when forming an LLC. Here are the details you must submit while filing the documents-

Step 1: Get the Form and Enter the Details

The first step is to get the Articles of Incorporation form from the New Hampshire Secretary of State. You will get both offline and online forms on the site, as available. You must pay the $100 for filing online, by mail, or in person when submitting the form. Following are the details you must add to your incorporation form-

Name of the Entity

The first thing you need to do is submit your company’s name. Make sure to mention the exact name of the company that you decided on. Like the LLC naming guidelines, you must also follow the New Hampshire corporation naming requirements too. There are a few points to note when you name your company. They are,

  • You cannot have a name used by other companies or businesses.
  • You cannot have any name that is misleading or the same as government organizations.
  • Banks, Insurance, Insurer, or any such names cannot be used as they reflect the financial organization.
  • You must add terms like corporation, limited, company, incorporated, or incorporation. You can also add abbreviations like co., ltd., inc., and corp instead of the above terms.

Address of the Corporation

The next section of the form is to provide your main address. It is necessary to have a physical street address in New Hampshire. For those running an online business, you must provide any address in the state (including your home address) where you will receive all the business and legal documents and mail. While sharing your address, make sure not to use abbreviations, such as N.Y. for New York or L.A. for Los Angeles.

New Hampshire Registered Agent

The next point is to provide information about the Registered Agent. The New Hampshire Registered Agent is an individual or business entity that is responsible for receiving all the legal and official documents on behalf of the company. They must be aged above 18 years and have eligibility to conduct business in the state. The Registered Agent should be legit and experienced because, in case of any lawsuit, you need an expert to handle your issues. In most cases, the Registered Agent’s official address is the company’s official mailing address. If you form an LLC, hiring a registered agent is the most crucial step in the process.

Shares and Stocks

The next important information you must provide is about the stocks and shares. While filing the Articles of Incorporation, you must mention a minimum of one share. In New Hampshire, to start a corporation, you need at least Five director(s) initially. When filing the incorporation documents, you must provide the share of directors in the corporation. It decides the ownership of the company.

If you amend New Hampshire Articles of Incorporation in the future, you will not be able to change the initial directors. You might need an additional form to change the initial directors’ details. You must check with the New Hampshire SOS while filing the Articles of Incorporation amendment.

Additional Documents

You might need additional documents to submit along with the incorporation documents. In New Hampshire, you can attach a cover letter with the documents as an additional document. if you are willing to start a foreign corporation in New Hampshire, then you must add one document along with the Articles of Incorporation. Foreign corporations in New Hampshire must submit the New Hampshire Certificate of Good Standing along with the incorporation documents.

Signature

Finally, the signature of the directors and shareholders are required on the form. You can have more than one share and director. All your initial directors must submit their official signature while filing the corporation in New Hampshire. Get their signatures to file the Articles of Incorporation.

Step 2: Submit the Articles of Incorporation in New Hampshire

Once you are done filling up the form, now it is time for you to submit it. The form can be submitted in three methods that are online, by mail and in-person. Checking with a legal professional or a formation service while filing your corporation is recommended. It is sensitive, and one mistake can stop the entire filing process immediately.

  • Online filing: Create an account/Log in to the SOS site, get the online form, fill it, and submit online
  • Offline filing: Send the form by mail or drop it off in person at Corporation Division, NH Dept. of State, 107 N Main St, Rm 204, Concord, NH 03301.

Cost of Filing the Articles of Incorporation in New Hampshire

The cost of filing the Articles of Incorporation in New Hampshire is an important aspect to consider when starting a new business. This one-time fee is necessary for officially registering your corporation with the Secretary of State and can vary depending on the specific requirements and regulations of New Hampshire. In some cases, additional fees may be required for expedited processing or other optional services. It is crucial for entrepreneurs to budget for this expense and research the specific costs associated with their New Hampshire in order to ensure a smooth and successful incorporation process. To file the Articles of Incorporation in New Hampshire, you must pay a filing fee. The filing fee is $100 for filing online, by mail, or in person.

FAQs

What is the process for filing New Hampshire Articles of Incorporation?
The process for filing New Hampshire Articles of Incorporation involves completing and submitting the Articles of Incorporation form with the New Hampshire Secretary of State.
What information do I need to provide when filing New Hampshire Articles of Incorporation?
When filing New Hampshire Articles of Incorporation, you must provide the name and address of your business, the name and address of the incorporator, the purpose of the corporation, and the duration of the corporation.
What is the fee to file New Hampshire Articles of Incorporation?
The fee to file New Hampshire Articles of Incorporation is $100.
How long does it take to process New Hampshire Articles of Incorporation?
It usually takes approximately 2-3 business days to process New Hampshire Articles of Incorporation.
What is the legal name of the corporation?
The legal name of the corporation must be approved by the New Hampshire Secretary of State. It must not include certain restricted words or phrases and must include words such as “Corporation”, “Incorporated” or “Limited”.
Are there any restrictions on the name of the corporation?
Yes, certain words and phrases are restricted, such as “bank”, “trust” or “university”. The name of the corporation must also include words such as “corporation”, “incorporated” or “limited”.
What is the purpose of the corporation?
The purpose of the corporation must be stated in the Articles of Incorporation and must be conducted in accordance with the laws of the State of New Hampshire.
Do I need to appoint a registered agent when filing New Hampshire Articles of Incorporation?
Yes, a registered agent must be appointed when filing New Hampshire Articles of Incorporation. The registered agent must be a resident of New Hampshire or a business entity authorized to transact business in New Hampshire.
Where can I find the forms to file New Hampshire Articles of Incorporation?
The forms to file New Hampshire Articles of Incorporation can be found on the website of the New Hampshire Secretary of State.
How do I know if my New Hampshire Articles of Incorporation have been approved?
You will receive an email from the New Hampshire Secretary of State once your New Hampshire Articles of Incorporation have been approved.
Are there any other documents I need to file with the New Hampshire Secretary of State?
Yes, you must also file a completed Statement of Organization form with the New Hampshire Secretary of State.
Is there a minimum amount of capital stock required for a corporation in New Hampshire?
No, there is no minimum amount of capital stock required for a corporation in New Hampshire.
Is there a maximum amount of capital stock allowed for a corporation in New Hampshire?
Yes, the maximum amount of capital stock allowed for a corporation in New Hampshire is $5 million.
Is there a minimum number of directors required for a corporation in New Hampshire?
Yes, the minimum number of directors required for a corporation in New Hampshire is three.
Is there a maximum number of directors allowed for a corporation in New Hampshire?
Yes, the maximum number of directors allowed for a corporation in New Hampshire is 25.
Is there a requirement for an annual meeting of shareholders for a corporation in New Hampshire?
Yes, an annual meeting of shareholders is required for a corporation in New Hampshire.
How often must the board of directors meet in New Hampshire?
The board of directors must meet at least once a year in New Hampshire.
Do I need to file annual reports in New Hampshire?
Yes, all corporations must file annual reports with the New Hampshire Secretary of State.
What is the due date for filing annual reports in New Hampshire?
The due date for filing annual reports in New Hampshire is April 15th.
Are there any other filing requirements in New Hampshire?
Yes, corporations must file an annual franchise tax report and any changes to the Articles of Incorporation or Statement of Organization with the New Hampshire Secretary of State.
Who is responsible for filing the annual franchise tax report in New Hampshire?
The corporation is responsible for filing the annual franchise tax report in New Hampshire.
What is the due date for filing the annual franchise tax report in New Hampshire?
The due date for filing the annual franchise tax report in New Hampshire is April 15th.
What is the penalty for not filing the annual franchise tax report in New Hampshire on time?
The penalty for not filing the annual franchise tax report in New Hampshire on time is a $25 late fee.
Are there any other taxes I need to pay in New Hampshire?
Yes, corporations must pay a corporate income tax in New Hampshire.
What is the corporate income tax rate in New Hampshire?
The corporate income tax rate in New Hampshire is 8.5%.
Can I file my New Hampshire Articles of Incorporation online?
Yes, you can file your New Hampshire Articles of Incorporation online through the New Hampshire Secretary of State website.
Are there any other fees I need to pay when filing New Hampshire Articles of Incorporation?
Yes, there is a $25 filing fee for any changes to the Articles of Incorporation or Statement of Organization.
What is the penalty for not filing changes to the Articles of Incorporation or Statement of Organization in New Hampshire on time?
The penalty for not filing changes to the Articles of Incorporation or Statement of Organization in New Hampshire on time is a $25 late fee.
Is there a fee to reserve a corporate name in New Hampshire?
Yes, there is a $25 fee to reserve a corporate name in New Hampshire.
Can I make changes to my New Hampshire Articles of Incorporation after it has been filed?
Yes, you can make changes to your New Hampshire Articles of Incorporation after it has been filed by submitting an amendment with the New Hampshire Secretary of State.
How long is a corporate name reservation valid in New Hampshire?
A corporate name reservation is valid for 120 days from the date of filing in New Hampshire.

Also Read

Why New Hampshire Articles of Incorporation is So Important

The Articles of Incorporation is a legal document that officially establishes a corporation as a separate legal entity from its owners. Essentially, it lays out the basic groundwork for how the company will be run, including important details such as the company’s name, address, purpose, and structure. Filing the Articles of Incorporation with the state government is a necessary step in forming a corporation and getting it up and running legally.

So, why is the Articles of Incorporation so important? For starters, it provides the legal protections that come with operating a corporation. By becoming a separate legal entity, the corporation sets up a barrier between the business finances and personal assets of the owners. This means that in the event of a lawsuit or bankruptcy, the owners’ personal assets are protected from being used to pay off the company’s debts. This protection is a major advantage of forming a corporation rather than operating as a sole proprietorship or partnership.

Another key reason why the Articles of Incorporation is so important is that it sets clear guidelines for how the company will be run. This includes important details such as the number of shares of stock the company can issue, how decisions will be made, and who will be responsible for managing the day-to-day operations of the company. By clearly outlining these details in the Articles of Incorporation, all parties involved can have a clear understanding of their role and responsibilities within the company.

Additionally, the Articles of Incorporation can also help establish credibility and legitimacy for the company. By formalizing the company’s structure and purpose in a legal document, it can help build trust with customers, investors, and partners. This can be particularly important when seeking financing, as banks and investors are more likely to lend money to a company that has taken the necessary steps to legally establish itself as a corporation.

In conclusion, the Articles of Incorporation is a critical document that should not be overlooked by any business owner looking to start a corporation. From providing legal protections and setting clear guidelines for how the company will be run, to establishing credibility and legitimacy, the Articles of Incorporation plays a vital role in the success of any new business venture. By taking the time to properly file this document and ensure that all necessary information is included, business owners can set themselves up for long-term success and growth.

Conclusion

In conclusion, the process of filing New Hampshire Articles of Incorporation is a crucial step for businesses looking to establish their presence in the state. This legal document serves as the foundation of the company’s structure and outlines essential information, such as the company’s name, purpose, and management team. To ensure a smooth and successful filing process, it is vital for business owners to familiarize themselves with the State of New Hampshire’s requirements, adhere to the applicable laws and regulations, and provide accurate and complete information in the Articles of Incorporation.

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