Do I need a lawyer to Incorporate in New Hampshire? |
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The short answer is no.
The state of New Hampshire does not legally require a lawyer to form a
New Hampshire Corporation.
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The short answer is no.
The state of New Hampshire does not legally require a lawyer to form a
New Hampshire Corporation.
Our detailed Incorporation Information page may help you understand some
of the implications of forming a New Hampshire Corporation.
However, if there is anything about Incorporating in New Hampshire
that you're not sure about you should seek the advice of a competent New Hampshire lawyer, a New Hampshire accountant,
or both before you Incorporate in New Hampshire.
Once you have made the decision to Incorporate in New Hampshire, a New Hampshire lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new New Hampshire Corporation.
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Do I have to Reserve a Company Name before I Incorporate in New Hampshire?
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You are not legally required to reserve a Company Name for a new New Hampshire Corporation before you submit your application to Incorporate in
New Hampshire.
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You are not legally required to reserve a Company Name for a new New Hampshire Corporation before you submit your application to Incorporate in
New Hampshire.
Whether or not you need to reserve a company name for your new New Hampshire Corporation depends entirely on your business situation.
The New Hampshire Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that New Hampshire Company Name.
Click here for more information on
New Hampshire Company Name Reservation
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What if the New Hampshire Corporation Name I want is already taken?
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If the Name you have chosen for your new New Hampshire Corporation is already in use by a currently active
New Hampshire Corporation or LLC, and you still want to use that Corporation Name, then you will have to register a DBA Name with the New Hampshire Secretary of State. "DBA" is an abbreviation for "Doing Business As."
In New Hampshire a DBA Name is called a Trade Name.
We verify that the Name you have chose for your new New Hampshire Corporation is available before we submit
your Incorporation filing to the New Hampshire Secretary of State.
If necessary we can register a Trade Name in New Hampshire for you so that you can open your new New Hampshire business as quickly as possible.
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What do I have to do to Incorporate in New Hampshire?
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8 things you have to do in order to Incorporate in New Hampshire.
1. Choose a name for your New Hampshire Corporation
2. Select an official address and a Registered Agent for your New Hampshire Corporation
3. Choose a Board of Directors for your New Hampshire Corporation
4. Decide who will be Officers for your New Hampshire Corporation
5. Determine how you want your New Hampshire Corporation to be taxed
6. File Articles of Incorporation with the New Hampshire Secretary of State
7. Get a Federal Employer Identification Number (FEIN)
8. Issue Stock Certificates to the Initial Shareholders
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1. Choose a name for your New Hampshire Corporation
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Your New Hampshire Corporation name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the New Hampshire Corporation name that you choose must be distinguishable from the name of any other registered New Hampshire Corporation or other
business entity and the name must also be different from any reserved names on record with the state of New Hampshire.
Your New Hampshire Corporation name must not imply that it was formed for a purpose other than that stated in your
Articles of Incorporation;
and your New Hampshire Corporation name must not be a name that is likely to mislead the public.
The name of a New Hampshire Corporation must include the word "Corporation" or
"Incorporated" or an abbreviation of one of these words.
It's important to choose a good name for your New Hampshire Corporation because if you want to change it after you incorporate you
will have to file amended Articles of Incorporation with the New Hampshire Secretary of State (and pay a fee).
We will:
- Check to make sure that your New Hampshire Corporation name is available
- Make sure your New Hampshire Corporation name conforms to state of New Hampshire regulations
- Reserve your New Hampshire Corporation name with the New Hampshire Secretary of State
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2. Select an official address and a Registered Agent for your New Hampshire Corporation
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Every New Hampshire Corporation must have an address that is physically located in the state of New Hampshire.
This address is "registered" with the New Hampshire Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of New Hampshire to receive all correspondence on behalf of the New Hampshire
Corporation is called a "Registered Agent".
You may act as your own Registered Agent, however, many New Hampshire Corporations hire a Registered Agent because they don't have a physical
address within the state of New Hampshire or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your New Hampshire Corporation.
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3. Choose a Board of Directors for your New Hampshire Corporation
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All New Hampshire Corporations are required to have a Board of Directors.
Directors are the people who will set policies for your New Hampshire Corporation and manage the business and its resources.
In the majority of small corporations directors are the owners.
The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors.
The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders.
One of the most important duties of the Board of Directors is electing Officers for your New Hampshire Corporation.
The same person may be a Director and an Officer at the same time.
Directors need not be residents of the state of New Hampshire or shareholders of the New Hampshire Corporation unless the Articles of Incorporation
or Bylaws require it.
Normally Directors for your New Hampshire Corporation are elected for a term of one year.
Elections are held at the annual meeting of Shareholders.
The Directors serve until the next annual Shareholders meeting.
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4. Decide who will be Officers for your New Hampshire Corporation
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The Board of Directors elects Officers for your New Hampshire Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.
Officers serve at the pleasure of the Board of Directors of the New Hampshire Corporation.
Officers handle the day to day operation of the New Hampshire Corporation.
Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a New Hampshire Corporation
the same person may hold more than one Corporate Office at the same time.
However, there are certain legal affairs in which the same person cannot act in more than one capacity.
One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings
and for authenticating records for the New Hampshire Corporation.
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5. Determine how you want your New Hampshire Corporation to be taxed
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The New Hampshire Corporate Income Tax Rate is 8.5%.
You may form an S Corporation in New Hampshire.
S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable
personal rate.
S Corporations do not pay any New Hampshire Corporate Income Tax.
The state of New Hampshire has no sales tax and no personal income tax but New Hampshire does have an 8.5% tax on business profits.
A 5% tax is assessed on interest and dividend income of more than $2,400 annually ($4,800 for joint filers).Â
However, the state of New Hampshire does not have an income tax on an individual's reported W-2 wages.
Click here for more New Hampshire Corporate Tax Information .
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- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your New Hampshire Corporation and include it with
your Incorporation documents.
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6. File Articles of Incorporation with the New Hampshire Secretary of State
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In order to form a Corporation in New Hampshire you must file Articles of Incorporation with the New Hampshire Secretary of State.
The Articles of Incorporation must include certain specific information about your New Hampshire business. If the Articles do not conform exactly to state of New Hampshire requirements they will be rejected.
You may subsequently amend the Articles of Incorporation for your New Hampshire Corporation but you will have to pay a fee to the state of
New Hampshire in order to make the changes official.
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7. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your New Hampshire Corporation.
All New Hampshire Corporations are required to have an FEIN.
- We can obtain an FEIN for your New Hampshire Corporation.
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8. Issue Stock Certificates to the Initial Shareholders
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Corporate stock is evidence of ownership of a New Hampshire Corporation.
When you form your New Hampshire Corporation, you will need to determine what type of stock and the number of shares of each type that
you want to authorize.
You do not have to sell the number of shares that are authorized.
Many small New Hampshire Corporations hold 100% of the shares.
Stockholders in a New Hampshire Corporation are entitled to voting rights or dividends of the Corporate profits or both.
Whoever owns over 50% of the stock of the New Hampshire Corporation is able to make all Corporate business decisions.
New Hampshire Corporations usually hold at least 51% of the corporate stock in order to retain control of the New Hampshire Corporation.
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What do I have to do after I form my New Hampshire Corporation? |
6 things you have to do after you Incorporate in New Hampshire.
1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
2. Open a Business Bank Account in New Hampshire for your NH Corporation
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. Hold Meetings of Shareholders and Directors of each year.
5. File the required New Hampshire Corporation reports
6. Keep proper records of your New Hampshire Corporation on file
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1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
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The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.
Bylaws are the internal rules of your New Hampshire Corporation.
They are adopted by the Board of Directors and vary widely from Corporation to Corporation.
Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and
Shareholders are to be conducted; what Officers the New Hampshire Corporation will have and a description of each of their duties.
As your company grows over time, you may amend your bylaws as necessary.
Bylaws generally cannot be amended by the Board of Directors unilaterally.
A vote by the majority of Stockholders of the New Hampshire Corporation is usually required to amend the Corporate Bylaws.
Bylaws may include any rules for managing the business and conducting corporate affairs.
Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or New Hampshire law or
the New Hampshire Corporation's Articles of Incorporation.
A copy of the Corporate Bylaws should be maintained at the Corporation's principal New Hampshire office.
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2. Open a Business Bank Account in New Hampshire
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It's very important that you have a separate business bank account for your New Hampshire Corporation.
Mixing personal and business funds can get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account.
Specific requirements vary from bank to bank.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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- We can research and prepare the necessary forms for your required business licenses and permits and include
them in your New Hampshire Incorporation package.
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Note that forming a New Hampshire Corporation doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A New Hampshire Corporation merely creates an ownership structure that limits the owners' personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your New Hampshire Corporation you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your New Hampshire Corporation vary depending on your business activities
and the specific locations within the state of New Hampshire in which you want to conduct business.
If your New Hampshire Corporation will be selling products in New Hampshire you may be required to obtain a Reseller's Permit from the appropriate
New Hampshire state agency.
If your New Hampshire Corporation will be selling products in New Hampshire you will also be responsible for all applicable local and state of New Hampshire
sales taxes if there are any.
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4. Hold Meetings of Shareholders and Directors of each year.
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Every New Hampshire Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting
on file.
A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.
The minutes of each meetings must be open for inspection by any Shareholder or Director.
This meeting requirement is often overlooked and comes into play when the New Hampshire Corporation is challenged for any reason.
Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your
New Hampshire Corporation a lot of potential trouble.
- We can transcribe the minutes of any meeting of your New Hampshire Corporation into a form that complies with all
state of New Hampshire requirements.
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5. File the required New Hampshire Corporation reports
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| The Initial Corporation Annual Report for a NH Corporation must be filed with the New Hampshire Secretary of State by April 1 in the year after the NH Secretary of State approved the Articles of Incorporation for the new New Hampshire Corporation. | Every New Hampshire Corporation must file an Annual Report with the New Hampshire Secretary of State EACH year.
The NH Corporate Annual Report is due at the New Hampshire Secretary of State before April 1 EACH year.
If you change the NH Registered Agent for the New Hampshire Corporation an additional fee is imposed by the New Hampshire Secretary of State. | | If a New Hampshire Corporation does not file its Corporation Annual Report by April 1, the NH Secretary of State imposes a late fee. |
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We can fill out and file any Annual Report with the New Hampshire Secretary of State after your New Hampshire Business gets going.
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6. Keep proper records of your New Hampshire Corporation on file
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Keep the following records on file and available at the principal business office of your New Hampshire Corporation:
- Names and addresses of all Directors and Officers of the New Hampshire Corporation
- Articles of Incorporation for the New Hampshire Corporation and any Amendments to them
- Corporate Bylaws for the New Hampshire Corporation and any Amendments to them
- List of current shareholders of the New Hampshire Corporation.
If shareholders change, keep a record of old shareholders and how stock was transferred.
- Minutes of all Meetings of Shareholders and Directors
- Copies of any Corporate Resolutions which have been adopted by the New Hampshire Corporation
- Copies of all tax returns and Annual Reports for the New Hampshire Corporation for the last 3 years
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What information do I need in order to Incorporate in New Hampshire? |
In order to Incorporate in New Hampshire you'll need certain specific information about your new Company
including the Corporation name and address; and Registered Agent information.
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In order to Incorporate in New Hampshire you'll need the following information about your new Company:
- The name of your new New Hampshire Corporation along with your second choice of a name in case the name that you want is not available
- Physical addess of the Corporation office in New Hampshire (not a PO Box)
- Name and address of your New Hampshire Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with the New Hampshire Corporation
- Names and addresses of the initial Directors of the New Hampshire Corporation
- The number of shares of stock that the New Hampshire Corporation will be authorized to issue
Remember - ALL the information that you provide when you Incorporate in New Hampshire becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Corporation in New Hampshire.
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How long does it take to Incorporate in New Hampshire? |
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Processing times for new New Hampshire Corporation applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new New Hampshire Articles of Incorporation takes the state around 2-3 weeks.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your New Hampshire LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE NEW HAMPSHIRE SECRETARY OF STATE PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the New Hampshire Secretary of State.
In our experience 2-3 weeks is the time it usually takes the New Hampshire Secretary of State to process
a new New Hampshire Corporation application.
We get your New Hampshire Corporation application to the NH Secretary of State ASAP.
Once it is at the state we have no control over the new New Hampshire Corporation application process.
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Are there any Expedited Processing Options for new NH Corporation Filings?
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| The New Hampshire Secretary of State does not offer any expedited processing options for a new NH Corporation filing. |
How much does it cost to Incorporate in New Hampshire? |
The state of New Hampshire charges $107.00 to Incorporate in NH.
This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the NH Secretary of State.
If you choose All Business Documemnts to help you Incorporate in New Hampshire our processing fees are $125.00.
We start processing your new New Hampshire Corporation order as soon as we get it.
Total cost includes:
- NH Name Check and Reservation
- Prepare Articles of Incorporation
- File Articles of Incorporation with the New Hampshire Secretary of State
- Certified Copies of Articles
- New Hampshire Corporation Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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What is a New Hampshire Professional Corporation? |
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Generally, if you are required to obtain some kind of license before you can market your skills in the state of New Hampshire then you will
most likely need to form a New Hampshire Professional Corporation.
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Generally, if you are required to obtain some kind of license before you can market your skills in the state of New Hampshire then you will
most likely need to form a New Hampshire Professional Corporation.
Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional
Corporation with the New Hampshire Secretary of State.
Depending on exactly what it is that you want to do in New Hampshire, approval from a specific New Hampshire state agency or board may be required before the NH Secretary of State will approve a new
New Hampshire Professional Corporation filing.
This could add to the total processing time for a new New Hampshire Corporation.
Click here for more information on a
New Hampshire Professional Corporation.
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New Hampshire Foreign Corporation Qualification |
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You want to do business in the state of New Hampshire but are registered as a Domestic Corporation in another state.
In order to legally conduct business in the state of New Hampshire you must register with the New Hampshire Secretary of State as
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You want to do business in the state of New Hampshire but are registered as a Domestic Corporation in another state.
In order to legally conduct business in the state of New Hampshire you must register with the New Hampshire Secretary of State as
a New Hampshire Foreign Corporation.
The process of registering as a Foreign Corporation in the state of New Hampshire is called New Hampshire Corporation Foreign Qualification.
The process of New Hampshire Corporation Foreign Qualification is similar to the process of forming a Domestic Corporation in the state of New Hampshire.
Your original formation documents (usually called Articles of Incorporation) and Corporate Bylaws apply to your New Hampshire Foreign Corporation.
The Board of Directors and Officers of your Domestic Corporation have the same roles in the New Hampshire Foreign Corporation.
Click here for specific requirements for
New Hampshire Corporation Foreign Qualification.
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