How to Start a Nonprofit Organization in New Hampshire 2024


Steve Bennett
Steve Bennett
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Start a Nonprofit in New Hampshire

Establishing a nonprofit is kind of similar to forming a corporation in New Hampshire. You can easily start a nonprofit in New Hampshire as a limited liability company, a corporation, or any other type of business structure. Unlike for-profit businesses, nonprofits focus on addressing pressing social issues than profit-oriented businesses.

This article will guide you through the Dos and Don’ts of starting a nonprofit in New Hampshire. LLCBuddy editors explain all the steps you must follow to form a corporation for your nonprofit organization. It must be noted that this page shared generalized steps to form a nonprofit in New Hampshire. It is recommended to consult an attorney or hire a professional service.

What is a Nonprofit in New Hampshire

Nonprofit organizations are legal entities that operate to serve public benefits and address community issues. Unlike for-profit organizations, nonprofits do not aim to generate any profit. The Internal Revenue Service (IRS) generally exempts nonprofit organizations from tax. However, based on the business entity structure, you will receive tax exemptions as a nonprofit.

In New Hampshire, ensure you have a community issue to address before forming your nonprofit. It can generally be education, religion, charity, social service, or other social issues. Nonprofits do not pay taxes on the money they receive through fundraising programs, donations, or any charitable funding.

Types of Nonprofits in New Hampshire

The first thing one has to decide is what type of nonprofit structure one wants. There are several types of nonprofits one can start. Here is a list of nonprofit types one can choose from-

  1. Nonprofit LLC
  2. Nonprofit Corporation
  3. Unincorporated Nonprofit

BOI Report Filing

According to the Corporate Transparency Act, every LLC, corporation, and other type of business that is registered with the New Hampshire SOS or similar authority, must file the BOI report with FinCEN. From January 1, 2024, it is mandatory to file a BOI report for every business entity. In this report, LLCs have to share information about the beneficial owners (having equal or more than 25% share). LLC owners can file BOI reports online or offline.

Businesses in New Hampshire that are created before January 1, 2024, should file their BOI report by January 1, 2025. Businesses that are created in 2024, must file the BOI report within 90 business days of finishing the formation process. Missing out on filing the BOI report may lead to a monetary penalty of $500/day.

How to Start a Nonprofit in New Hampshire

Nonprofits are certainly different from for-profit organizations. The main focus of the organization is on social values rather than profit. The process of having a nonprofit in New Hampshire is similar to forming any corporation in New Hampshire. However, there are a few additional steps to follow.

Step 1: Develop Your Mission and Vision

Before you get into legal details, you need to define the purpose and goal of your organization clearly; this will go a long way in guiding your decisions as well as making it easy for you to explain your mission statement.

  • Pick out what specific cause or issue you want to address;
  • Define who you will target or help reach particular goals;
  • List down both what people should do within a short period and what they should achieve in the long term perspective;
  • Write a captivating mission statement.

Step 2: Name Your Nonprofit in New Hampshire

Naming a business in New Hampshire has a handful of regulations. If you start a corporation or an LLC in New Hampshire, you must follow those regulations to name your nonprofit. The most important rule is to check if the name is available in New Hampshire to use.

If you’re forming an LLC in New Hampshire for your nonprofit organization, check out LLC naming guidelines in New Hampshire. For the corporation regulations, read on how to start a corporation in New Hampshire. As soon as the name is decided, you can reserve it with the New Hampshire Secretary of State. You can also file DBA in New Hampshire before you establish your nonprofit organization. DBA can be filed in three methods, online, by mail, and in person filing.. The DBA filing fee in New Hampshire is $50.

  • Online DBA Filing: For online filing, check the NH QuickStart website
  • Offline DBA Filing: 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 Renew Time in New Hampshire: five years

Step 3: Appoint Initial Board Members

If you’re forming a corporation for your New Hampshire nonprofit, it is required to appoint the initial board members. In New Hampshire, you need at least Five unrelated directors to start the organization. If you don’t choose a minimum of Five directors, it will automatically become a member-managed corporation.

Step 4: Get New Hampshire Registered Agent

This is a very important step for any business in New Hampshire. The Registered Agent in New Hampshire is a person who conducts all types of documentation between the State and your nonprofit organization. The Registered Agent must be from New Hampshire, above 18 years of age, and must have legal rights to conduct business in the state. Several professional and business formation services offer registered agent services in all the states in the USA. It is better to hire a professional rather than being your own Registered Agent in New Hampshire.

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Step 5: File Articles of Incorporation with New Hampshire SOS

This is the most important step in forming a nonprofit corporation in New Hampshire. File your Articles of Incorporation with the New Hampshire Secretary of State. You can file your nonprofit corporation through three methods that are online, by mail and in-person. Submit the details of your nonprofit corporation, like the name of the nonprofit, address, name and address of the registered agent, operation dates, directors’ details, and more information related to your company.

  • Online Incorporation: Create an account/Log in to the SOS site, get the online form, fill it, and submit online
  • Offline Incorporation: 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.
  • Incorporation Fee in New Hampshire: $100 for filing online, by mail, or in person

Hiring a professional service might be a wise idea here. Having a corporation is much more complex than forming an LLC. We recommend ZenBusiness as they are one of the top business service providers currently. They offer LLC formation at $0 in New Hampshire.

Step 5.1: Write Company Bylaws

As soon as you file the formation documents, it is time for the company bylaws. The directors and board members must decide how the meetings, elections, voting, and other corporate activities will be held. These bylaws must comply with the New Hampshire state law. It is similar to an LLC operating agreement in New Hampshire for the LLC owners.

Step 6: Get an EIN in New Hampshire

The next step is to obtain the EIN in New Hampshire. The employer identification number (EIN) is required to conduct business in New Hampshire. You will need to acquire the New Hampshire EIN from the official IRS website. To obtain the EIN, submit your application to the IRS office either by mail or through their online platform. There is no associated cost for this process.

Step 7: Tax Exemptions for Your Nonprofit

When you start a nonprofit in New Hampshire, you enjoy tax exemptions. As the nonprofits are not profit-oriented, they get a huge tax exemption from Federal and State authorities.

Federal Tax Exemption

You must submit Form 1023 to the IRS to file for federal tax exemption. This form, titled “Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code,” is required for all nonprofit corporations. Smaller nonprofits have the option to file Form 1023-EZ instead. You will be prompted to provide details about your organization upon obtaining the relevant form. Complete the form with the necessary information and submit it. The filing fees are $600 for Form 1023 and $275 for Form 1023-EZ.

State Tax Exemption

Once you get the Federal Tax Exempt, it is time for State Tax Exempt. In New Hampshire, you must apply for the tax exemption to the New Hampshire Department of Revenue Administration. Get the form, fill it up with the correct details, and send it to the office. You may need to pay a fee along with the form and supportive documents to apply for the State Tax Exemption. You need an Exemption Certificate to apply for the state tax exemption. Read New Hampshire classification of taxes to learn more about the New Hampshire tax structure.

Can I form an LLC for my Nonprofit in New Hampshire?

Yes, you can form an LLC in New Hampshire to run a nonprofit. Establishing an LLC nonprofit in New Hampshire requires similar documents and paperwork. Except for tax exemption applications that one must file with the state tax and revenue department. LLCs must file Form 1023 with the New Hampshire Department of Revenue Administration to get the tax exemption.

After You Form a Nonprofit Corporation in New Hampshire

Once your nonprofit is formed, there are additional steps to complete:

  • Get necessary licenses: As soon as your corporation or an LLC for your Nonprofit in New Hampshire will be established, get necessary licenses and permits. Check with the local authority/government to get the local permits.
  • Get Insurance for the New Hampshire Nonprofit: You must get workers’ compensation and unemployment insurance if you have employees. Based on your nonprofit structure, you might need general liability insurance, property, vehicle, auto insurance, etc.
  • Get a Business Bank Account: You must get a business account for all types of business-related transactions in New Hampshire. You may need different documents based on the bank and place of business. Check with the bank for it.
  • File Nonprofit as Charity: This is optional. Your nonprofit is either for charity purposes or any purpose that meets your community’s needs. If your organization is for charity purposes, then you can file your nonprofit as a charity to enjoy tax exemptions.
  • Other Business Compliances: You may need additional compliances based on your nonprofit type. Check with your attorney or local authority for more information.
  • Evaluating And Improving Performance: To evaluate the performance of your non-profit organization, it is necessary to; establish performance metrics also tied to the mission; and implement continuous improvement strategies.
  • Staying Current With Nonprofit Trends And Best Practices: To stay up-to-date on trends and best practices in the non-profit world you should join nonprofit associations plus networks.

Common Challenges And How To Address Them

  • Funding Sustainability

For funding sustainability issues you need to focus on diversifying funding sources and developing strong relationships with donors. Also, implementing efficient financial management, exploring earned income opportunities for sustainability, and such should be on focus.

  • Volunteer Management

The challenges faced in volunteer management can be resolved by creating clear roles plus expectations for volunteers, and providing adequate training also support. Recognize and appreciate volunteer contributions while implementing volunteer retention strategies such as offering regular appreciation events or awards. Provide trainers’ placement services too.

  • Mission Drift

This problem can be solved by several mechanisms such as regular review and reaffirmation of your organizational mission–this will ensure that all activities are aligned with the core purpose. Educate board members and staff about the importance of the mission and make them understand how this works out in practice. Implement a strategic planning process and explain to the board why it is important for their organizations to have a well-defined mission.

  • Regulatory Compliance

To remain compliant with the law, you need to: keep track of changing laws and regulations all the time; conduct regular compliance audits; seek professional advice when in doubt; and implement comprehensive record-keeping systems.

Names of Nonprofit Corporations in New Hampshire

Following are some of the Nonprofit Organizations in New Hampshire. The contact information of these organizations can be found on New Hampshire Secretary of State portal.

  • Hampstead Charities
  • Hampton Charities
  • Hanover Charities
  • Henniker Charities
  • Hillsboro Charities
  • Hollis Charities
  • Hooksett Charities
  • Hudson Charities.

FAQs

What are the legal requirements for starting a nonprofit in New Hampshire?
To start a nonprofit in New Hampshire, you will need to file articles of incorporation with the Secretary of State and obtain tax-exempt status from the IRS.
How do I choose a unique name for my nonprofit in New Hampshire?
In New Hampshire, you can check the availability of your desired nonprofit name on the Secretary of State’s website to ensure it is unique and meets state requirements.
Do I need to have a board of directors to start a nonprofit in New Hampshire?
Yes, nonprofits in New Hampshire are required to have a board of directors with at least three members.
How do I apply for tax-exempt status for my nonprofit in New Hampshire?
To apply for tax-exempt status in New Hampshire, you will need to file IRS Form 1023 or 1023-EZ along with any required state forms.
What is the process for registering as a charitable organization in New Hampshire?
In New Hampshire, nonprofits are required to register as charitable organizations with the Charitable Trusts Unit of the Attorney General’s office.
Can I start a nonprofit in New Hampshire if I am not a resident of the state?
Yes, you do not need to be a resident of New Hampshire to start a nonprofit in the state.
How long does it take to start a nonprofit in New Hampshire?
The timeline for starting a nonprofit in New Hampshire can vary, but it typically takes a few months to complete all the necessary steps.
Are there specific fundraising regulations for nonprofits in New Hampshire?
Yes, nonprofits in New Hampshire must comply with state regulations for fundraising activities, including registration and reporting requirements.
Do nonprofits in New Hampshire have to file annual reports?
Yes, nonprofits in New Hampshire are required to file annual reports with the Secretary of State to maintain their legal status.
Can I convert an existing business into a nonprofit in New Hampshire?
Yes, you can convert an existing business into a nonprofit in New Hampshire by following the necessary legal and tax procedures.
What types of nonprofits are exempt from property tax in New Hampshire?
Nonprofits in New Hampshire that are organized for religious, educational, or charitable purposes may be exempt from property tax, but they must apply for this exemption.
Can I conduct online fundraising for my nonprofit in New Hampshire?
Yes, you can conduct online fundraising for your nonprofit in New Hampshire, but you must comply with state regulations and reporting requirements.
Do I need to have a physical office in New Hampshire to start a nonprofit in the state?
No, you do not need to have a physical office in New Hampshire to start a nonprofit, but you must have a registered agent in the state.
Are there any restrictions on lobbying activities for nonprofits in New Hampshire?
Yes, nonprofits in New Hampshire are subject to state regulations regarding lobbying activities, including reporting requirements and limitations on political activities.
Can I pay myself a salary from my nonprofit in New Hampshire?
Yes, you may be able to receive a reasonable salary from your nonprofit in New Hampshire, but you must comply with state and federal rules regarding compensation for nonprofit employees.
How can I find resources and support for starting a nonprofit in New Hampshire?
There are several organizations in New Hampshire that offer support and resources for individuals looking to start a nonprofit, such as the New Hampshire Center for Nonprofits and the New Hampshire Charitable Foundation.
Can I start a nonprofit in New Hampshire as a sole proprietor?
No, nonprofits in New Hampshire must have a board of directors and operate as a separate legal entity from any individual founder.
What are the advantages of starting a nonprofit in New Hampshire?
Some advantages of starting a nonprofit in New Hampshire include access to tax-exempt status, potential funding opportunities, and the ability to make a positive impact in the local community.
Can I operate a for-profit business alongside my nonprofit in New Hampshire?
Yes, you can operate a for-profit business alongside your nonprofit in New Hampshire, but you must keep the business activities separate and distinct.
Are there any special programs or incentives for nonprofits in New Hampshire?
Yes, New Hampshire offers various special programs and incentives for nonprofits, such as grant opportunities, tax credits, and volunteer support.
How do I ensure that my nonprofit complies with state laws in New Hampshire?
To ensure compliance with state laws in New Hampshire, it is important to stay informed of any changes in regulations, file required reports on time, and maintain proper record-keeping practices.
Can I start a nonprofit in New Hampshire if I have a criminal record?
Having a criminal record may not disqualify you from starting a nonprofit in New Hampshire, but certain crimes may prevent you from serving on the board of directors or handling financial transactions.
Are there any specific rules for governance and oversight of nonprofits in New Hampshire?
Nonprofits in New Hampshire are subject to state regulations regarding governance, transparency, and accountability, including requirements for board meetings, financial audits, and conflict of interest policies.
Are there any restrictions on the types of activities nonprofits can engage in in New Hampshire?
Nonprofits in New Hampshire must operate exclusively for charitable, educational, or religious purposes and are limited in their ability to engage in political lobbying or business activities that do not further their charitable mission.
Can I start a nonprofit in New Hampshire if I already have a 501(c)(3) organization in another state?
Yes, you can start a nonprofit in New Hampshire if you already have a 501(c)(3) organization in another state, but you will need to file additional paperwork to register as a foreign nonprofit in New Hampshire.
Are there any registration fees or costs associated with starting a nonprofit in New Hampshire?
Yes, there are registration fees and other costs associated with starting a nonprofit in New Hampshire, such as filing fees for articles of incorporation, tax-exempt status application fees, and annual report fees.
Can I start a nonprofit in New Hampshire if I am under 18 years old?
Individuals under 18 years old can start a nonprofit in New Hampshire, but they may need to have an adult co-founder or board member who is legally responsible for the organization.
Are there any restrictions on the geographic scope of nonprofits in New Hampshire?
Nonprofits in New Hampshire are not restricted by geographic scope and can operate at the local, regional, national, or international levels, depending on their mission and resources.
How do I start a nonprofit in New Hampshire?
To start a nonprofit in New Hampshire, you need to file articles of incorporation with the state and obtain tax-exempt status from the IRS.
What is the process for incorporating a nonprofit in New Hampshire?
To incorporate a nonprofit in New Hampshire, you will need to file articles of incorporation with the Secretary of State’s office.

Also Read

In Conclusion

Starting a Nonprofit corporation in the New Hampshire takes careful thought, dedication, and detailing. Follow the steps detailed in this guide while addressing common challenges so that your organization can be built on solid ground and make a long-lasting impact on your cause. Remember also that running a nonprofit organization in New Hampshire is a perpetual learning, adapting, and growing process.

As you continue your journey, you may need professional help. Having a professional or experienced person, or attorneys while you run your nonprofit in New Hampshire can make the journey much simpler in the long run. Since forming a nonprofit involves tax exemptions, the government takes additional care to verify your background.

Donations, charity, and several community services are the most desirable ways to evade tax. Hence, many people get involved in nonprofit organizations. It is recommended to consult a legal professional, accountants, and service providers like ZenBusiness for the paperwork and formation process. With persistence, passion, and proper management structure everything is possible hence changing positively your community as far as Non-Profit corporations are concerned.

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