There are a number of reasons you might need to change your New Hampshire LLC’s registered agent. Maybe your designated registered agent moved out of state, left the company, or no longer wants the responsibility. Maybe you had assigned the job to yourself, and you no longer want your address on public record. Maybe (hopefully) your business has expanded so much that you no longer have time to handle the registered agent responsibilities.
Whatever your reason may be, changing a registered agent in New Hampshire might seem like a daunting task, with a mountain of paperwork and legal proceedings involved. However it’s actually quite simple, and this guide will help make the process quick and painless.
The state of New Hampshire has certain requirements about changing your LLC’s registered agent. The New Hampshire Corporation Division FAQs page tells us that, in order to change your registered agent, you must either submit the necessary form or update your Annual Report between the yearly filing session (Jan. 1 – Apr. 1).
However, you must make the changes as they occur. For example, if you need to change your registered agent in October, you must file a Statement of Change form then instead of waiting until Jan. 1 to update your Annual Report.
You can’t pick just anyone to be a registered agent for your LLC. The state of New Hampshire puts certain restrictions on who can serve as one. If you’re choosing or changing your registered agent, keep these requirements in mind. The registered agent in New Hampshire must:
* If your registered agent is a foreign business entity, it must be authorized to transact business in New Hampshire
When it comes time to change your registered agent, you have two options: submit a “Statement of Change of Registered Office or Registered Agent or Both,” or update the agent information on your Annual Report.
The latter is convenient because you need to file your Annual Report each year anyway, so you can cut down on paperwork and avoid paying an extra fee for the Statement of Change. However, you can only use this method if your agent change falls in the Annual Report filing window: Jan. 1 to Apr. 1. You can file your Annual Report through the Department of State’s online filing system. There is a $100 fee.
Otherwise, head over to the LLC Forms and Laws page to download your form. There are separate forms for domestic and foreign companies, so make sure you choose the correct one. You’re looking for Form 10: Statement of Change of Registered Office or Registered Agent or Both. All you need to do is fill in the former and new resident agent information, and you’re all set.
When you’re finished, send the completed form, along with a $15 payment, to:
Corporation Division, NH Dept. of State
107 N Main St, Rm 204
Concord, New Hampshire 03301-4989
If you live near Concord and need to get out of the office, you can also drop it off at:
State House Annex 3rd Floor, Rm 317
25 Capitol St
Concord, New Hampshire 03301-4989
You can pay the $15 fee with a check or money order made out to “State of New Hampshire.” When filing your Annual Report, you will be prompted to enter credit or debit card information to pay.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? Then you’re all set! The New Hampshire Department of State’s typical turnaround time is 5-8 days after receipt, so you’ll see your change take effect soon.
Think of your registered agent as a mediator between you and the state of New Hampshire, the person or business entity that handles some of your most important paperwork.
In case you thought the registered agent was just a formality, look at the documents they handle:
A lot of important stuff. Which is why a reliable registered agent is essential to every New Hampshire business owner.
By handling high-priority and sensitive documents on your behalf, your registered agent takes care of your communications with the state, so you can spend more time building your business.
Plus, if you operate a New Hampshire small business from out of state, a trustworthy registered agent is especially important, as the state requires a local contact for your LLC. Having this contact ensures your company will receive and respond to time-sensitive documents, so you won’t miss filings and get hit with penalties.
If you’re unsure where to find a good New Hampshire registered agent, consider using a registered agent service. These companies provide you a reliable, professional registered agent so you can have peace of mind knowing you won’t ever miss a filing, tax deadline, or state correspondence.
Sure, you can jump online, search “registered agent service,” and get a ton of results. But the truth is that not all of these services are trustworthy. So, we’ve done some research for you. If you want to know you’re getting a top-quality registered agent, take a look at our comparison guide on the top registered agent services. Many of these providers can also form an LLC for you if you’re needing a fresh start. ZenBusiness and LegalZoom are two very well known options.
There are numerous reasons you might need to give up your New Hampshire registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Fortunately, for New Hampshire LLCs it is easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
It’s not mandatory to notify your LLC before resigning. In fact, it’s not mandatory to notify them at all. When you submit your statement of resignation with the Secretary of State, they will mail a copy to your company. Even though it isn’t required, it can be helpful to let your LLC know in advance. This will give the company ample time to plan for a registered agent change and avoid penalties for operating without one.
It will also allow you and your colleagues to facilitate a smooth transition. Your name stays on record as registered agent for 31 days after you resign unless the LLC appoints a replacement sooner. If you reach out beforehand, they can have a successor lined up so that you can pass off your duties right away.
While the process is fairly straightforward, resigning from your registered agent role isn’t quite as simple as saying “I resign.” You must submit an formal statement of resignation with the state. New Hampshire doesn’t have an official resignation form, so you’ll need to create your own. Fortunately, there are only a few pieces of information to include, so it shouldn’t take too long. When drafting your statement, make sure to include:
And that’s all you need. There’s no fee, so as soon as your draft is complete, you’re ready to send it off. If your LLC is domestic, you’ll submit the original plus one copy, if it’s foreign, the original plus two copies. Send your document to:
New Hampshire Department of State
107 North Main St.
Concord, NH 03301-4989
Live near Concord? You’re also welcome to drop them off in person at the State House Annex, Room 317, 25 Capitol St, Concord, NH 03301.
As mentioned earlier, your resignation will not take effect until 31 days after you submit it unless your LLC brings on your replacement sooner. So don’t skip town right away – you may still receive service of process for up to one month after you resign.
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. After your resignation has officially taken effect, your LLC has 60 days to change its registered agent. Any business entity that spends more than 60 days without a valid agent will be administratively dissolved by the state.
But they can’t appoint just anyone. Your replacement must meet New Hampshire’s registered agent requirements. They must:
An LLC is allowed to appoint one of its members as its agent. In fact, an owner can even appoint a friend or family member as long as they meet the requirements above. However, sometimes it can save a lot of time and stress to hire a professional service instead.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your New Hampshire LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in New Hampshire or something completely different.
If you need a fresh start and would like to form a brand new LLC, there are plenty of services that can take care of this for you. ZenBusiness and LegalZoom are two very popular options.
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