Get a New Hampshire Registered Agent

One of the first things you’ll need to determine before filing your paperwork to form a limited liability company (LLC) in New Hampshire (or a business corporation or another state-registered business type, if that’s your goal) is who will serve as your registered agent. The state requires all registered businesses to have one, but what is a registered agent? What are their duties, and what are the requirements one has to meet to be one? We’ll try to answer your New Hampshire registered agent FAQs.

What is a New Hampshire registered agent?

A registered agent is an individual or company designated by the business to receive important legal documents on behalf of the company. This position is vital because it helps ensure that the correct people within a business are notified in the event of time-sensitive events such as service of process for lawsuits, notices of annual reports, and certain official documents.

Who can be a registered agent in New Hampshire?

According to New Hampshire statutes, each registered business entity must have and maintain in the state of New Hampshire a registered office that may be the same as any of its places of business (but must be a physical address), and a registered agent, who may be:

• An individual who resides in New Hampshire and whose residential or business office is identical to the registered office; or
• An authorized corporation whose business office is identical to the registered office; or
• An authorized limited liability company or professional limited liability company whose business office is identical to the registered office; or
• An authorized limited liability partnership whose business office is identical to the registered office.

The registered agent must be present at the registered office during all normal business hours so that they can accept service of process in person.

Benefits of Using New Hampshire Registered Agent Services

You’re allowed to serve as your own agent if you want, but opting for a registered agent service offers some significant benefits. These services specialize in receiving and relaying official paperwork, helping ensure nothing slips through the cracks. They give you peace of mind to go work around town and travel without worrying about your legal mail. If you serve as your own registered agent, you’ll be required to stay at the registered office during all regular business hours, which makes meeting up with clients, going on vacation, etc., difficult. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.

More importantly, commercial registered agent services can help protect you from potential embarrassment. If you’re acting as your own agent, you’ll have to accept service of process yourself, which means whomever you’re with at the time — maybe a client or business partner — will know you’re facing a lawsuit. But if you use an agent service, the process server will go to the registered agent’s address. Your agent will handle these notifications privately, discreetly, and promptly.

How is a registered agent appointed in New Hampshire?

You’ll need to name your registered agent when you complete the official paperwork with the state to form your business, so you’ll need to decide who your registered agent or registered agent service will be before you begin that process. Of course, you need to be sure to inform whomever you’re appointing and get their permission to serve in that role.

How much does it cost for a registered agent in New Hampshire?

The cost of a registered agent in New Hampshire varies based on whether you choose an individual or a professional service. If you opt to be your own registered agent or designate someone you know, the costs can be minimal, primarily associated with the potential need to maintain a physical street address or office space during business hours. For many small business owners, being their own agent requires no out-of-pocket cost but requires time and attention instead. 

On the other hand, professional registered agent services usually come with a fee. These fees can range from $100 to a few hundred dollars annually, depending largely on the level of services offered. While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.

Cost of Changing Registered Agents

New Hampshire allows you to change your registered agent by filing the “Statement of Change of Registered Office, or Registered Agent, or Both” form. This form costs $15.

How to Change a Registered Agent in New Hampshire

Changing your registered agent in New Hampshire requires some administrative effort to ensure the state records are up to date and your business remains compliant. To begin, it’s vital to first determine who your new registered agent will be. If you’re considering transitioning to a professional service or selecting another individual, ensure you obtain their consent and verify that they meet New Hampshire’s requirements for registered agents.

Once you’ve got your agent lined up, it’s time to file the paperwork. New Hampshire allows you to file online by logging into NH QuickStart (you’ll need your User ID) and filing the Statement of Change there. Alternatively, you can download the “Statement of Change of Registered Office or Registered Agent, or Both” form from the Secretary of State’s website. Either way, you’ll be asked to provide information about your business, your former registered agent, and your new one. You’ll also need to pay the $15 filing fee.

Once your paperwork is processed, your new agent goes on file with the state.

Change of Registered Agent Requirements

When changing a registered agent, the new agent must meet the same requirements: be a New Hampshire resident or a business authorized to conduct business in New Hampshire, have a physical street address in the state, and be available during business hours.

New Hampshire Secretary of State Contact Information

Resignation of New Hampshire Registered Agent

If a registered agent needs to resign, they must file a statement of resignation with the New Hampshire Secretary of State. The agent remains on file for 31 days post-resignation unless a replacement is appointed sooner.

Steps to Remove a Registered Agent

1. Notify your business: Technically, New Hampshire law doesn’t require you to notify your business that you’re resigning; they send a notice on your behalf. But it’s recommended to send a notice in advance if you can. Not only is this a professional courtesy, but it also helps streamline the resignation process. The notice lets your business know it’s time to appoint a replacement.
2. Submit your resignation: Draft a statement of resignation (the state doesn’t provide a form to fill in) that states your name, your contact information, and the business you’re resigning from. Submit this statement and one copy (which the state will send to the represented business) to the Secretary of State. Foreign entities need to attach two copies. There are no filing fees for this form.
3. Hand off your responsibilities: Help your business transition to a new registered agent to avoid penalties. A valid registered agent is crucial to maintaining the company’s good standing.