Are you considering forming an LLC in New Hampshire? New business opportunities can yield amazing results – but they also need the right preparation. One of the most important steps when registering an LLC is securing what’s usually called a registered agent or resident agent.
Let’s go over what a registered agent is, why New Hampshire law requires that you have one, and your options if you don’t have an agent living within the boundaries of the state right now.
A registered agent is essentially a contact point – but a very important one that most states, including New Hampshire, require by law. This agent receives official state communications for your LLC, including a wide variety of documents.
This job quickly becomes important when the state sends documents like a business license renewal, a notice about new fees, or unfiled registrations. If legal matters get complicated, the registered agent will also serve as a point of contact for lawsuit information, court summons, and other government requirements. That’s why New Hampshire requires LLCs to have an agent like this.
Note that registered agents may not be required if an LLC’s activity in the state is nominal and doesn’t involve, for example, transactions with goods and services.
Not just anyone can be a registered agent. States have several very important requirements for who can be properly listed as a company’s registered agent. In New Hampshire, those requirements include:
Generally, the registered agent is expected to be available during business hours to accept delivery. New Hampshire, like most states, also allows organizations registered in the state to serve as registered agents, which is how entities like Tailor Brands can help out LLCs that don’t have feet on the ground.
Choosing a registered agent is a simple process in New Hampshire. If you’ve already completed your business registration in the state, then you’ve likely already chosen an agent even if you didn’t notice.
The appropriate field is found in the New Hampshire formation documents. For LLCs, that means the Articles of Organization. Here, you’ll find a form for appointing a resident agent along with other important requirements.
You can change your registered agent at any time after your business registration has been accepted but it will take a different kind of form. Specifically, you’ll need to fill out a “Form 10 Statement of Change of Registered Office or Registered Agent or Both.”
The good news is that New Hampshire provides an online version of this form which you can find at the Secretary of State’s website to complete the process very quickly. Either way, you will have to pay a $15 filing fee for the change. Tailor Brands is happy to help out with this process if you want to switch to an agent service.
You can, and there are both pros and cons to being your own agent. On the plus side, you receive all legal communications directly so you don’t have to worry about them being lost or someone else getting an uncomfortably close look at your business dealings. Some people may prefer to handle legal notices at the same address they get other types of mail. Also, LLCs can save some money if they aren’t hiring an agent service.
However, being your own registered agent probably isn’t possible if you don’t spend most of your time in New Hampshire, which can cause legal problems. And expanding into additional states will become difficult or impossible if you don’t use an agent service early on. Also, since the registered agent address is typically public, you may end up getting a lot more junk mail once you register your own address.
For ambitious LLCs, a registered agent service like Tailor Brands offers many advantages and can be a core part of future planning. Some of the most important benefits include:
In most cases, you can appoint a family member as a registered agent, as long as they meet all the other criteria we mentioned above. However, there are many reasons to use a professional instead. A family member may not have the time or attention to properly receive, organize and forward important legal documents like an agent service can.
Also, there may be some business legal matters and financial information that you want to keep private from family members. In these cases, it’s better to use a service like Tailor Brands.
Nothing – and that’s the first problem. If an agent doesn’t receive communication from the state, it will go unnoticed and unanswered. That can create problems if your LLC misses a key deadline or isn’t aware of something even more important like a lawsuit and pending court date. You may also miss out on application windows for tax rebates, grants, and aid programs.
Over time, this can lead to fines, and if the state believes that your business can’t be contacted, they may void your business license as well.
Yes, it’s common, even required, when an LLC is operating in multiple states. Ideally, an LLC will have a registered agent in each state to receive and manage communications from that state government. Each state requires its own business license, and during the application you can identify a registered agent.
If you are only operating in one state, you may be able to have multiple registered agents, but that’s less common with fewer advantages.
An LLC manager focuses on business operations and partnerships, all the logistics and connections that the business needs to function properly. The registered agent is only focused on received legal information from the state and keeping up on any important notices or requirements the state sends. While a manager can serve as a registered agent, having a specialized agent allows managers to focus on operating.
No, it needs to be separate. Many states have rules that prevent a business from serving as its registered agent. Generally, states want a real, live person at a real address to contact for important legal matters. An LLC, by itself, does not guarantee that. That makes it harder to satisfy certain requirements, like handing a court summons to a real representative of the business.
That’s why New Hampshire’s laws require a specific person be listed as a registered agent, not just the business itself. However, a registered agent can be an owner or manager of an LLC.
This portion of our website is for informational or educational purposes only. Tailor Brands is not a law firm, and the information on this website does not constitute legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos on this page.
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