How to Start a Foreign LLC in New Hampshire (Step-by-Step Guide)

If you have an LLC in New Hampshire and want to expand your business beyond New Hampshire, you must form a foreign LLC. Any business, especially a limited liability company, located in other states, starts its operation in New Hampshire, must file a foreign LLC in New Hampshire. To do so, every LLC needs to file additional filing documents, along with tax and relevant documents with the New Hampshire government.

In this article, you’ll be reading about how to start a foreign LLC in New Hampshire. Along with that, the page guides you through the steps involved in managing and maintaining a foreign LLC in New Hampshire after you form it.

Forming a Foreign LLC in New Hampshire

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. If you register your LLC in one state and operate your business in New Hampshire, you probably need to register your LLC as a foreign entity here. Imagine, if your family owns a sushi restaurant in Alabama and you want to expand the chain somewhere in Texas, you must establish your restaurant in Texas as a foreign entity.

Anyone who has an active and in good standing LLC anywhere (except for New Hampshire) and wants to expand their operations in New Hampshire can file their LLC as a foreign entity. To start a foreign LLC in New Hampshire, you need to register it with the New Hampshire Secretary of State. Every state has a different rule for establishing a foreign LLC. Here are the steps to follow in New Hampshire for registering a foreign LLC.

Note: These are generic steps to file a foreign LLC in New Hampshire. Make sure to check with the State Secretary of State, before you start filing your business. – LLCBuddy Team

Step 1: Get the Certificate of Good Standing From Home State

Before you proceed to register your LLC in New Hampshire as a foreign entity, you must get the Certificate of Good Standing issued from your home state SOS. This is an important document to register an LLC in a foreign state.

If your LLC is originally registered in New Hampshire, then you must obtain the Certificate of Good Standing from New Hampshire Secretary of State. If your LLC is in other states, the name of the same document might be different. Every LLC, registered in any state other than New Hampshire must get this document to register a foreign LLC in New Hampshire.

Filing Certificate of Good Standing: In New Hampshire, obtaining a Good Standing Certificate is simple. You must visit the New Hampshire Corporation site and select the Order a Good Standing Certificate option. You will get an online request form that needs to be filled with the correct information. Once done, submit the form. You will receive a confirmation email as soon as the process starts.

Step 2: Choose New Hampshire Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements to the New Hampshire Secretary of State. Your LLC’s legal name outside of New Hampshire will be listed on the application, along with the name it will use in New Hampshire. Take note of the requirements for naming your LLC.

You can use the same name as your domestic LLC name, however, that name should be available in New Hampshire to use. Check name availability at New Hampshire’s business entity names and reserve your LLC name. There are a bunch of LLC naming guidelines in New Hampshire when it comes to forming a foreign LLC. Check the guidelines before you name your business.

Step 3: Select New Hampshire Foreign LLC Registered Agent

A registered agent is a person responsible for receiving all official and legal documents on behalf of your company, whether it is located domestically or in a foreign state. For a foreign LLC in New Hampshire, you must have a registered agent from New Hampshire only. No matter where your domestic LLC is located, you must hire a registered agent from New Hampshire for your foreign LLC.

You’ll need a registered agent to form a foreign LLC in New Hampshire and take note that the New Hampshire Registered Agent must have a local address. Here are the best LLC services on our list that will provide you with registered agents to ease your worries:

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Step 4: File Application for Registration for New Hampshire Foreign LLC

The most important step is to send the application for registration with New Hampshire SOS. Download the PDF form from the New Hampshire Secretary of State website or file it online (whichever method is available). The form must be filled out with the following details:

LLC’s full legal name.
A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
- DBA filing method in New Hampshire: three methods, online, by mail, and in person filing.
- Online: For online filing, check the NH QuickStart website
- Offline: For filing offline, you must send the accomplished DBA filing form to the New Hampshire Secretary of State, Corporation Division, 107 North Main St., Concord, NH 03301 or drop it off in person at the same address.
- DBA filing fee in New Hampshire: $50
LLC’s principal office and mailing addresses
LLC formation state and date.
Registered agent’s name and address in New Hampshire.
Date when your LLC will start operations in New Hampshire.
Credit card information is on the last page of the form for the application fee.

Online Filing

For the online filing of a foreign LLC in New Hampshire, you must Sign in to SOS. If you are not registered with the Secretary of State portal then you must create an account. Once it is done, you can fill out the form and submit it online.

Offline Filling

For offline filing of your foreign LLC in New Hampshire, get the Foreign LLC Registration Form (PDF) and download it on your system. The form must be filled out with the updated information related to the domestic LLC you own in another state and the LLC you want to set up in New Hampshire. Once done, submit the form to the SOS address at Corporation Division, NH Dept. of State, 107 N Main St, Rm 204, Concord, NH 03301.

Foreign LLC Registration Fee in New Hampshire: Filing a foreign LLC in New Hampshire requires a filing fee of $100. The payment must be made using Cards or checks for offline filing. The checks must be payable to the Secretary of State.

The LLC cost in New Hampshire, even for foreign LLCs will differ between online filing and by mail. Also, read about what’s the major difference between New Hampshire’s domestic and foreign LLCs.

Step 5: Determine How Your New Hampshire Foreign LLC is taxed

Foreign LLCs are also subjected to the New Hampshire Business Privilege Tax and must file LLC annual reports each year. If you have a single-member foreign LLC then it will be considered as a ‘disregarded LLC’ by IRS. That means the LLC will not be regarded as a company but it will be taxed as an individual (the owner). If you already have an LLC in the home state, you must have obtained the EIN as well. You don’t need to obtain the EIN in New Hampshire for a foreign LLC separately as it is issued from the IRS.

For other types of LLCs (member-managed or manager-managed LLCs), it will be a ‘pass-through taxation‘ where the LLCs don’t get taxed separately, instead, the members and managers are taxed based on their personal income. So, foreign LLCs are taxed as same as domestic LLCs in New Hampshire. However, it is recommended to check with the New Hampshire Secretary of State for state-wise taxes.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

Filing New Hampshire Foreign LLC Online – Quick Recap

Get the Certificate of Good Standing from your home state where your LLC is originally registered
Check if the name of your LLC is available in New Hampshire to use for your foreign LLC. If not, file DBA name with New Hampshire SOS.
Get a registered agent in New Hampshire to represent your foreign LLC in New Hampshire. Recommended, professional help instead of being your own registered agent.
File the Application of Foreign LLC with the New Hampshire Secretary of State following the mentioned method(s) above.
Make the processing fee.

BOI Reporting

According to the Corporate Transparency Act, every LLC (or business) has to send a BOI reporting to the Financial Crimes Enforcement Network (FinCEN). Once you establish an LLC and if it is enlisted under the list of reporting companies, you must file your BOI report in New Hampshire with the FinCEN.

After Forming New Hampshire Foreign LLC

Here are added things you need to accomplish after forming your New Hampshire Foreign LLC

Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search. You can contact the license office at New Hampshire Secretary of State.
File LLC annual reports and Business Privilege Tax. You must file an Annual Report before the stipulated time frame after forming your LLC in New Hampshire. Here’s everything about New Hampshire LLC Annual Reports.
Pay State Taxes like sales tax; you’ll need an EIN for your LLC.

FAQs

What is a foreign LLC?

A foreign LLC is a limited liability company formed in a state other than New Hampshire.

Why would I want to form a foreign LLC in New Hampshire?

You may want to form a foreign LLC in New Hampshire if you want to expand your business operations into the state.

How do I form a foreign LLC in New Hampshire?

To form a foreign LLC in New Hampshire, you will need to file an Application for Authority to do Business with the New Hampshire Secretary of State.

What are the requirements for forming a foreign LLC in New Hampshire?

The requirements for forming a foreign LLC in New Hampshire include filing an Application for Authority to do Business and appointing a registered agent in the state.

Do I need to have a physical presence in New Hampshire to form a foreign LLC?

No, you do not need to have a physical presence in New Hampshire to form a foreign LLC in the state.

What is a registered agent and do I need one for my foreign LLC in New Hampshire?

A registered agent is a designated individual or company that accepts legal and official documents on behalf of your foreign LLC in New Hampshire. You will need to appoint a registered agent in the state.

Can I be my own registered agent for my foreign LLC in New Hampshire?

Yes, you can serve as the registered agent for your foreign LLC in New Hampshire if you have a physical address in the state where legal documents can be served during business hours.

How much does it cost to file an Application for Authority for a foreign LLC in New Hampshire?

The filing fee for an Application for Authority for a foreign LLC in New Hampshire is $100.

What is the processing time for the Application for Authority for a foreign LLC in New Hampshire?

The processing time for the Application for Authority for a foreign LLC in New Hampshire is typically 5-7 business days.

Do I need to foreign qualify my LLC in New Hampshire if I already have a foreign LLC in another state?

Yes, you will need to foreign qualify your existing foreign LLC in New Hampshire if you plan to conduct business in the state.

What are the ongoing requirements for a foreign LLC in New Hampshire?

The ongoing requirements for a foreign LLC in New Hampshire include filing an annual report and paying the annual filing fee.

Can a foreign LLC in New Hampshire change its name or address?

Yes, a foreign LLC in New Hampshire can change its name or address by filing the necessary documents with the New Hampshire Secretary of State.

Can a foreign LLC in New Hampshire be converted to a domestic LLC?

Yes, a foreign LLC in New Hampshire can be converted to a domestic LLC by filing a Conversion with the New Hampshire Secretary of State.

Are foreign LLCs in New Hampshire required to pay state taxes?

Foreign LLCs in New Hampshire are subject to the state’s business taxes and may be required to pay taxes on income earned in the state.

Do foreign LLCs in New Hampshire need to have an EIN?

Yes, foreign LLCs in New Hampshire will need to obtain an Employer Identification Number (EIN) from the IRS.

Can a foreign LLC in New Hampshire open a bank account?

Yes, a foreign LLC in New Hampshire can open a bank account in the state.

Is there a publication requirement for foreign LLCs in New Hampshire?

No, there is no publication requirement for foreign LLCs in New Hampshire.

Can a foreign LLC in New Hampshire dissolve voluntarily?

Yes, a foreign LLC in New Hampshire can dissolve voluntarily by filing Articles of Dissolution with the New Hampshire Secretary of State.

Can a foreign LLC in New Hampshire be involuntarily dissolved?

A foreign LLC in New Hampshire can be involuntarily dissolved by the state if it fails to comply with state regulations or pay taxes.

Can a foreign LLC in New Hampshire be reinstated if it is dissolved involuntarily?

Yes, a foreign LLC in New Hampshire can be reinstated after involuntary dissolution by filing the necessary paperwork and paying any outstanding fees.

Are foreign LLCs in New Hampshire required to file an annual report?

Yes, foreign LLCs in New Hampshire are required to file an annual report with the New Hampshire Secretary of State.

Can foreign LLC owners in New Hampshire be held personally liable for the company’s debts?

Foreign LLC owners in New Hampshire are generally not personally liable for the company’s debts and obligations.

Are there any restrictions on the name I can choose for my foreign LLC in New Hampshire?

The name of your foreign LLC in New Hampshire must be distinguishable from other existing entities and comply with state naming requirements.

Can a foreign LLC in New Hampshire convert to another business entity type?

Yes, a foreign LLC in New Hampshire can convert to another business entity type by filing the necessary documents with the New Hampshire Secretary of State.

Do foreign LLCs in New Hampshire need to file for a Certificate of Good Standing in their home state?

Yes, foreign LLCs in New Hampshire may need to provide a Certificate of Good Standing from their home state as part of the foreign qualification process.

Can I change the ownership structure of my foreign LLC in New Hampshire?

Yes, you can change the ownership structure of your foreign LLC in New Hampshire by amending your formation documents and complying with state regulations.

Are foreign LLCs in New Hampshire required to have a physical office in the state?

Foreign LLCs in New Hampshire are not required to have a physical office, but they must have a registered agent with a physical address in the state.

Can I operate multiple businesses under one foreign LLC in New Hampshire?

Yes, you can operate multiple businesses under one foreign LLC in New Hampshire as long as the activities fall within the scope of the company’s operating agreement.

Are there any penalties for failing to comply with foreign qualification requirements in New Hampshire?

Failure to comply with foreign qualification requirements in New Hampshire may result in fines, penalties, or the inability to bring legal action in the state.

What does it mean to “transact business” in New Hampshire?

Transacting business in New Hampshire generally refers to conducting regular business activities in the state, such as selling goods or services.

In Conclusion

Having a foreign LLC in New Hampshire is nothing but expanding your business legally beyond the boundary of your domestic or home state. Starting a foreign LLC in New Hampshire does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. From getting the Certificate of Good Standing to hiring a registered agent in New Hampshire, a professional or attorney can always be a perfect help. ZenBusiness is one of the most accurate and user-friendly services that offer a bunch of LLC formation services. They offer LLC formation for $0 (excluding the state formation fee).

The cost of registering a foreign LLC in New Hampshire can vary depending on a range of factors. While the initial registration fees and ongoing expenses can be a significant investment, many companies find that the benefits of establishing a presence in the state outweigh the costs. By carefully considering the expenses involved and budgeting accordingly, companies can ensure that their foreign LLC in New Hampshire is a success.