Foreign qualification with the Secretary of State in New Hampshire is the process by which a business that is already registered in another state seeks permission to operate in New Hampshire. This allows the business to legally conduct operations in the state and ensures compliance with local laws and regulations.
There are 4 different ways to foreign qualify in New Hampshire depending on your legal entity type and tax classification. Follow the guide below to help you register with the Secretary of State in New Hampshire or use Mosey to do it.
Use Mosey to register with the Secretary of State in New Hampshire.
Avoid the hassle of doing it yourself and use Mosey to automate foreign qualification, annual reports, and registered agent service.
New Hampshire Foreign Registration for Corporation
A foreign corporation may not transact business in New Hampshire until it obtains a certificate of authority from the Secretary of State. New Hampshire provides a non-exhaustive list of activities that do not constitute “doing business” in lieu of defining “doing business."
Establish a Registered Agent
You must have a registered agent in New Hampshire. Your resident agent must have a New Hampshire street address. It can be any New Hampshire resident or a corporation qualified to do business in New Hampshire.
Obtain Certificate of Good Standing from Your Business' Home State
New Hampshire requires a Certificate of Good Standing (also known as a Certificate of Status or Certificate of Existence) from your home state issued within 60 days.
File Certificate of Authority
File and submit the Application for Certificate of Authority (Form 40) with the New Hampshire Department of State in order to obtain your Certificate of Authority.
New Hampshire Foreign Registration for LLC
A foreign limited liability company must obtain a Certificate of Authority from the New Hampshire Secretary of State in order to transact business. New Hampshire provides a non-exhaustive list of activities that do not constitute “doing business” in lieu of defining “doing business."
Establish a Registered Agent
You must have a registered agent in New Hampshire. Your resident agent must have a New Hampshire street address. It can be any New Hampshire resident or a corporation qualified to do business in New Hampshire.
File Certificate of Authority
File and submit the Application for Registration as a Foreign Limited Liability Company (Form FLLC-1) with the New Hampshire Department of State in order to obtain your Certificate of Authority.
New Hampshire Foreign Registration for LLP
You must file a Notice of Registration as a Foreign Registered Limited Liability Partnership (Form LLP-1) with the New Hampshire Secretary of State in order to transact business. New Hampshire provides a non-exhaustive list of activities that do not constitute “doing business” in lieu of defining “doing business."
Establish a Registered Agent
You must have a registered agent in New Hampshire. Your resident agent must have a New Hampshire street address. It can be any New Hampshire resident or a corporation qualified to do business in New Hampshire.
Create New Hampshire QuickStart Account
If you haven't already, create an New Hampshire QuickStart account with the Secretary of State to create and manage your business online.
File Notice of Registration Online
Log in to your New Hampshire QuickStart account, then click "Business Services" and click "Create a Business Online" to file a Notice of Registration as a Foreign Registered Limited Liability Partnership (Form LLP-1) and pay the filings fees with the Secretary of State.
New Hampshire Foreign Registration for Corporation
A foreign nonprofit may only transact business in New Hampshire once it obtains a certificate of authority by filing an Application for Registration of a Foreign Nonprofit Corporation (Form FNP-1) with the Secretary of State.
Establish a Registered Agent
You must have a registered agent in New Hampshire. Your resident agent must have a New Hampshire street address. It can be any New Hampshire resident or a corporation qualified to do business in New Hampshire.
Create Online Secretary of State Account
Create an online account with the New Hampshire Secretary of State QuickStart service.
File Application for Registration of a Foreign Nonprofit
Log in to your New Hampshire Secretary of State account to file an Application for Registration of a Foreign Nonprofit Corporation (Form FNP-1) and pay the registration fee.
What else do I need to know?
Once you are registered with the Secretary of State, you may have additional requirements to maintain your "good standing" in the state. Failing to do so can result in fines, back taxes, and forfeiting certain priveleges within the state.
Maintaining a Registered Agent
Most states require that you have a registered agent that can receive important mail from the Secretary of State should they need to contact you. There are many commercial options available or you can use Mosey to be your registered agent and keep your information private in New Hampshire.
Annual Reports and Taxes
In addition to maintaining a registered agent, most states require you to file a report annually. Registration can also trigger state taxes such as a franchise tax or income tax. You can use Mosey to identify these additional requirements to maintain good standing in New Hampshire.
