How To Incorporate In New Hampshire
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1. Choose a Name for Your New Hampshire Corporation
Check on Available Names in New Hampshire: For you to be able to incorporate your small business in the state of New Hampshire, you will need to have a unique name for your corporation. You can search online and other records to determine that the name that you have chosen is not in use by another corporation. There is an online database of registered corporations in the state of New Hampshire available to search at New Hampshire Corporation.
Reserve a Corporate Name: While it is not a requirement to reserve a name before you file Articles of Incorporation in New Hampshire, if you are not planning to file Articles of Incorporation right away and you want to reserve a particular name until the time that you can file, you can submit a name reservation application to the office of the New Hampshire Secretary of State. You can download the name reservation application form online at Reserve a New hampshire Corporation Name. The fee is $15.00 to reserve a name for a period of 120 days.
Filing Trademarks and Doing a Corporate Name Search: The name that you choose for your corporation may be available in New Hampshire, but it is possible that in another state a different corporation might be using the same name as your corporation. You may run into some legal restrictions on your use of the name that you have chosen for your corporation. An attorney can help you to be informed about what these restrictions are and about how you can trademark the name that you have chosen for your corporation.
New Hampshire Corporate Name Requirements: When you are choosing the name that you will use to incorporate your small business, remember that in the state of New Hampshire corporate names need to include the word “corporation,” “incorporated,” “limited,” or an abbreviation of one of these words.
2. Find a Registered Agent in New Hampshire
You will need to have a registered agent for your corporation. The registered agent that you indicate in your company’s Articles of Incorporation will act as an agent for service of process. Your registered agent will receive all legal and tax documents for your corporation. An adult resident of New Hampshire or a corporation can act as your registered agent, but your corporation may not act as its own registered agent. You can find a list of registered agent services online at Register a New Hampshire Corporation.
3. File Articles of Incorporation with the New Hampshire Secretary of State
Minimum Requirements: Articles of Incorporation are an essential document that you need to file with the New Hampshire Secretary of State in order to incorporate your small business. You can find a form for this document online at New Hampshire Corporation Set Up. Your Articles of Incorporation will need to include the name of your corporation, the name and address of your registered agent for service of process, the number of shares authorized by your corporation, the name and address of each incorporator, and your corporate purpose. Each incorporator needs to sign the Articles of Incorporation before you submit the document to the Secretary of State.
Other New Hampshire Legal Provisions: You may choose to include additional articles in your Articles of Incorporation. An attorney can help you when you are preparing to file Articles of Incorporation so that you make sure to include the additional legal provisions that are relevant to your corporation.
Where to Submit Form: You should submit the signed Articles of Incorporation document to the office of the Corporate Division, Department of State, 107 North Main Street, Concord NH 03301-4989.
Filing Fee: The total filing fee for Articles of Incorporation in New Hampshire is $100.00.
4. Create Other New Hampshire Incorporation Documents (Corporate Kits)
After you have filed Articles of Incorporation, you can take other actions in your corporation like appointing officers and directors, adopting corporation bylaws, issuing stock certificates, obtaining a tax ID number, and acquiring a business license. You might also create other types of corporate documents like buy-sell agreements, shareholders agreements that determine when stock can be sold, and documents that describe what will happen if an owner decides to leave the company. These types of corporate documents can be very useful if your corporation has multiple owners. An attorney can help you to draft these documents so that you are sure to comply with legal requirements. You might also consider consulting one of the various corporate service companies that work with corporations to create these important corporate documents.
5. Qualify Your New Hampshire Corporation to Do Business in Other States
You need to qualify your corporation to do business in most other states if your corporation is registered in New Hampshire. If the main office of your corporation is located in another state, you must qualify your corporation to do business in that state and you most likely will be required to pay taxes in your home state. For more information on how you can qualify your corporation to do business in other states, go to Doing Business in other states.
6. Make Annual Filings and Pay Annual Fees and Taxes in New Hampshire
Once your corporation is registered in the state of New Hampshire, you will need to file an annual report. You can file online at New Hampshire Corporation Fee. The filing fee is $100.00. The annual report asks you to provide updated information about your corporation, such as the name and address of your registered agent and your officers and directors.
Your corporation will be subject to pay New Hampshire state income taxes. You must file a corporate income tax form with the state and pay the required taxes yearly. For more information about the corporate tax in New Hampshire, you can visit the official website of the New Hampshire Department of Revenue Administration at New Hampshire Corporation Tax. A professional accountant can help you to avoid mistakes in the preparation of your tax documents. Mistakes in your tax documents could cost you extra taxes.
You will need to make many decisions when you are in the process of incorporating your small business. These decisions can be very complex, especially if your corporation has multiple owners. If you consult an attorney and an accountant during this process you can feel more confident that your paperwork is being prepared correctly.
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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.