Foreign qualification is the process by which a business entity that was originally formed in another state seeks permission to operate in New Hampshire. This involves registering with the Secretary of State and complying with the state's laws and regulations to ensure legal recognition and the ability to conduct business within the state.
There are 2 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 C Corporation
A foreign corporation may not transact business in New Hampshire until it obtains a certificate of authority from the Secretary of State. The Office of the Secretary of State defines what constitutes "doing business" in New Hampshire.
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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.
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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. The Office of the Secretary of State defines what constitutes "doing business" in New Hampshire.
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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.
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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.
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.
