How to Amend Certificate of Formation in New Hampshire


Steve Goldstein
Steve Goldstein
Business Formation Expert
Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

All Posts by Steve Goldstein →
Business Formation Expert  |   Fact Checked by Editorial Staff
Last updated: 
LLCBuddy™ offers informative content for educational purposes only, not as a substitute for professional legal or tax advice. We may earn commissions if you use the services we recommend on this site.
At LLCBuddy, we don't just offer information; we provide a curated experience backed by extensive research and expertise. Led by Steve Goldstein, a seasoned expert in the LLC formation sector, our platform is built on years of hands-on experience and a deep understanding of the nuances involved in establishing and running an LLC. We've navigated the intricacies of the industry, sifted through the complexities, and packaged our knowledge into a comprehensive, user-friendly guide. Our commitment is to empower you with reliable, up-to-date, and actionable insights, ensuring you make informed decisions. With LLCBuddy, you're not just getting a tutorial; you're gaining a trustworthy partner for your entrepreneurial journey.
Amend New Hampshire Certificate of Formation

Amend Certificate of Formation in New Hampshire: When you start an LLC in New Hampshire, you must file the Certificate of Formation. This document records all the details of your LLC, such as name, address, name and address of the Registered Agent, and other business-related information. If you make any changes to the LLC, you must file Certificate of Amendment. Any changes you make to the Certificate of Formation must be properly documented and filed with the New Hampshire SOS.

To amend your New Hampshire Certificate of Formation, you will need to follow a specific process, which typically involves filling out a form, paying a fee, and submitting the amended articles to the New Hampshire SOS. The process is not a lengthy one. In this article, I will share how to amend New Hampshire Certificate of Formation easily. I recommend you read the article till the end to learn everything about the process.

What is Certificate of Formation in New Hampshire?

The Certificate of Formation is a document that is required to form an LLC in New Hampshire. The document must be submitted to the State SOS online or by mail. There are certain details that need to be added while filing the New Hampshire Certificate of Formation. The following are the points to be added to the formation document at the time of LLC registration-

  • Name of your New Hampshire LLC
  • Principal address of the LLC
  • Name and address of the New Hampshire Registered Agent
  • Names of all the members and managers of the LLC
  • Summary of the LLC’s operation
  • Start date of the LLC
  • Purpose of the LLC
  • Signature of all the members and managers of the LLC

Why Amend Certificate of Formation?

There are six reasons why you need to file the Certificate of Amendment in New Hampshire. Following are the six points to note-

Change of New Hampshire LLC Name: If you change the name of the LLC, you must file it with the SOS. LLCs do not often change the names, but in some cases, if they change it, they immediately have to inform the New Hampshire SOS through Amendment.

It is recommended to check if the name change is absolutely necessary. Because it can affect the whole business. In some cases, it is better to start a new LLC than change the name of an existing one.

Tip from LLCBuddy

Change of New Hampshire LLC Address: Like the business name, if the principal address of the LLC is changed or the company is moved to another place, then New Hampshire LLC has to file the amendment certificate.

Change of Registered Agent: A Registered Agent is the most important person in the LLC. However, when you change or remove the Registered Agent, you must file the amendment with the New Hampshire SOS.

Change of New Hampshire LLC Management: This is another important reason why one should file the Amendment Certificate. If the managerial structure changes in your LLC, it must be filed with the SOS. The new structure, manager, or change in ownership must be filed.

Change of the Purpose of New Hampshire LLC: The purpose of the LLC is mentioned in the Certificate of Formation when it is filed. If the purpose is changed at anytime, for example, non-profit changes to a for-profit organization, or vice-versa, it must be filed with the SOS.

Change of New Hampshire Tax Structure: The New Hampshire LLC classification of taxes is mentioned in the Certificate of Formation at the time of registration of the LLC. Later, if the LLC wants to change the tax structure, it must file the amendment certificate with New Hampshire SOS.

How to Amend New Hampshire Certificate of Formation

It is easy to amend the Certificate of Formation in New Hampshire. There are three prominent steps to follow. The steps are as follows-

Step 1: Determine What Changes You Need in New Hampshire LLC

The first step is to determine what changes you need to make or if you need any changes. For some business experts, it is good to make structural or some other changes to upgrade your LLC after a point of time. For example, managers can change, LLCs can be restructured or move to other places, cities, or states, and you can also change the registered agent.

These changes are common and often take place in New Hampshire LLC. If you think your LLC needs such changes and you determine to make those changes, then you must proceed to the next step.

Step 2: Draft the New Hampshire Certificate of Amendment

The next step is to draft the Amendment. To Amend the Certificate of Formation, you need the following-

  • Name of the LLC
  • Purpose of the LLC
  • Entity filing number
  • Amendments
  • Members and Managers’ signature.

Along with these details, LLCs must submit more documents to the New Hampshire SOS.

Step 3: File New Hampshire Certificate of Amendment

The final step is to file the Certificate of Amendment. One has to submit the Certificate of Amendment (PDF) online or by mail to the New Hampshire Secretary of State. If there is a name change, the business name change form should be attached to the Amendment form.

  • Filing: To file it by mail or online, the Articles of Amendment form must be submitted to the Certificate of Amendment or uploaded to the New Hampshire SOS website.

Important Information

Cost to File New Hampshire Certificate of Amendment

The cost of filing the Amendment Certificate in New Hampshire is $15. For other types of filing costs, please visit the official website of New Hampshire Secretary of State.

Penalties for Not Filing Certificate of Amendment

Failure to amend New Hampshire Certificate of Formation can lead to legal issues against the LLC. Not filing the amendment certificate means non-compliance with the LLC in New Hampshire. Another consequence of not filing an amendment in New Hampshire is facing legal issues by violating state laws. For example, if a member-managed LLC becomes a manager-managed one in the future and LLC does not file an amendment for that, it will be considered a violation of state law. Hence, the LLC might face legal issues.

FAQs

How do I amend a New Hampshire Certificate of Formation?
You must file a Certificate of Amendment with the New Hampshire Secretary of State Corporations Division. The form must be completed and signed by a manager, member, or incorporator of your LLC.
What information does the New Hampshire Certificate of Amendment require?
The Certificate of Amendment must include the name of the LLC, the date of filing the original Certificate of Formation, the amendment details, and the signature of a manager, member, or incorporator of the LLC.
What types of amendments can I make to a New Hampshire Certificate of Formation?
You can amend the LLC’s name, purpose, business address, members/managers, registered agent, duration, and other information.
How much does it cost to amend a New Hampshire LLC Certificate of Formation?
The fee to file a Certificate of Amendment is $30.
How long does it take to amend a New Hampshire Certificate of Formation?
The processing time is typically 3-5 business days.
Do I need to publish the amendment in the newspaper?
No, publication is not required for amendments to New Hampshire LLCs.
What is a New Hampshire Certificate of Formation?
A Certificate of Formation is the document filed with the New Hampshire Secretary of State Corporations Division to form an LLC in the state of New Hampshire.
What is the deadline for filing a New Hampshire Certificate of Formation?
The filing must be completed and accepted by the New Hampshire Corporations Division within 90 days of submission.
How do I file a New Hampshire Certificate of Formation?
You can file online or mail in the completed form along with the filing fee.
How much does it cost to form a New Hampshire LLC?
The filing fee is $100.
How long does it take to form an LLC in New Hampshire?
The processing time is typically 3-5 business days.
What information is required to form a New Hampshire LLC?
The Certificate of Formation must include the name of the LLC, the purpose of the LLC, the LLC’s principal office address, the name of the registered agent, the duration of the LLC, and the signatures of the organizers.
Who can form an LLC in New Hampshire?
Any individual or entity can form an LLC in New Hampshire.
Is a New Hampshire LLC required to have a registered agent?
Yes, all New Hampshire LLCs must have a registered agent in the state.
What is a registered agent in New Hampshire?
A registered agent is a person or business entity that agrees to accept legal documents on behalf of the LLC.
Who can serve as a registered agent in New Hampshire?
Any individual or business entity can serve as a registered agent in New Hampshire.
Does a New Hampshire LLC need an operating agreement?
No, operating agreements are not legally required in New Hampshire.
What types of businesses are allowed to form an LLC in New Hampshire?
Any type of business can form an LLC in New Hampshire.
Does a New Hampshire LLC need to file annual reports?
Yes, all New Hampshire LLCs must file an annual report each year.
How much does it cost to file an annual report in New Hampshire?
The filing fee is $50.
When is the New Hampshire annual report due?
The report must be filed by April 1st of each year.
Is an EIN required to form an LLC in New Hampshire?
No, an Employer Identification Number (EIN) is not required to form an LLC in New Hampshire.
Does New Hampshire charge a sales tax?
Yes, New Hampshire has a sales tax of 9%.
What taxes does a New Hampshire LLC need to pay?
A New Hampshire LLC must pay state income tax, as well as federal income tax.
Does a New Hampshire LLC need to pay estimated taxes?
Yes, a New Hampshire LLC must pay estimated taxes each quarter.
How do I dissolve a New Hampshire LLC?
You must file a Certificate of Dissolution with the New Hampshire Secretary of State Corporations Division.
What is the fee to dissolve an LLC in New Hampshire?
The filing fee is $10.
How do I reinstate a dissolved New Hampshire LLC?
You must file a Certificate of Reinstatement with the New Hampshire Secretary of State Corporations Division.
How much does it cost to reinstate a New Hampshire LLC?
The fee to file a Certificate of Reinstatement is $100.
Does New Hampshire offer any LLC formation services?
Yes, New Hampshire offers LLC formation services through the Secretary of State Corporations Division.

Also Read

Why New Hampshire LLC Amendment is So Important

One of the primary reasons why the New Hampshire LLC Amendment is so crucial is the fact that it introduces a number of progressive reforms that align the state’s LLC laws with modern business practices. This update reflects the changing landscape of commerce and aims to provide more flexibility and convenience for business owners, while also enhancing the overall efficiency and competitiveness of the state’s business environment.

Furthermore, the amendment also takes into consideration the needs of small and medium-sized businesses, who make up a significant portion of New Hampshire’s economy. By simplifying certain administrative processes and providing more choice in terms of LLC structuring, the amendment makes it easier for smaller businesses to establish and operate effectively within the state, thereby fostering a more business-friendly climate that encourages entrepreneurship and innovation.

Another key aspect of the New Hampshire LLC Amendment is its emphasis on transparency and accountability. By requiring LLCs to maintain more comprehensive records and adhere to stricter reporting requirements, the amendment helps to ensure that business practices remain above board and in line with regulatory standards. This not only benefits consumers and investors by promoting trust and confidence in the business community, but also protects the interests of business owners themselves by reducing the risk of legal disputes and regulatory pitfalls.

Moreover, the amendment also introduces certain safeguards that provide greater protection for business owners and investors in the event of disputes or conflicts. By clarifying the process for resolving internal disagreements within LLCs and establishing clear guidelines for member duties and responsibilities, the amendment helps to mitigate the risks associated with business partnerships and ensures that all parties are treated fairly and equitably under the law.

In addition, the New Hampshire LLC Amendment brings the state more in line with the legal frameworks of other states across the country, which could potentially make it easier for businesses to operate across state lines and expand their operations into new markets. This harmonization of laws and regulations can lead to increased economic growth and development, as businesses are better able to navigate the legal landscape and exploit new opportunities for growth and expansion.

Overall, the passing of the New Hampshire LLC Amendment represents a critical step forward for the state in terms of modernizing its business laws and regulations. By introducing progressive reforms that enhance flexibility, transparency, and accountability, the amendment sets the stage for a more dynamic and vibrant business environment that supports and nurtures the growth and success of businesses large and small.

Conclusion

In conclusion, amending New Hampshire Certificate of Formation is a simple process that requires a few steps to report any changes made to an LLC. Filing the Certificate of Amendment is crucial, and failure to do so can lead to legal issues and non-compliance with state laws. By following the steps outlined in this article and submitting the necessary documents to the New Hampshire Secretary of State, LLCs can successfully amend their Certificate of Formation and maintain compliance with state regulations.

Leave a Comment