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What is a New Hampshire Registered Agent?
A New Hampshire Registered Agent is a person or company who agrees to accept legal mail and notices on behalf of your New Hampshire LLC.
Legal mail (called Service of Process) is sent if your LLC is involved in a lawsuit. Additionally, the state may send notices and reminders to your LLC’s Registered Agent.
Special offer: Hire Northwest to form your LLC ($39 + state fee), and you'll get a free year of Registered Agent service.
(Why is Northwest the best? Read our Northwest Registered Agent review)
New Hampshire Registered Agents should be available during normal business hours (9am – 5pm), Monday through Friday.
And the Registered Agent for your LLC in New Hampshire must have a physical street address in New Hampshire. PO Box addresses aren’t allowed.
Note: Most states use the term “Registered Agent”, but some use the terms “Resident Agent” or “Statutory Agent”. They all mean the same thing and we may use these terms interchangeably.
Does New Hampshire require a Registered Agent?
Yes, New Hampshire requires all business entities to list a Registered Agent on their LLC formation paperwork. And they must keep a Registered Agent on file with the state for the life of the LLC.
Why do I need a Registered Agent in New Hampshire?
The purpose of a Registered Agent is to accept Service of Process in case your business gets sued. And the court needs proof that your LLC received the legal documents.
That’s why each business entity (like a Limited Liability Company or Corporation) must have a Registered Agent on file with the state.
Said another way, your LLC’s Registered Agent is a key component of how the court and legal systems work. By requiring all New Hampshire LLCs to keep a Registered Agent on file with the state, the delivery of court documents can be properly tracked.
Who can be my Registered Agent in New Hampshire?
You actually have 3 options for who can be your New Hampshire Registered Agent:
- yourself
- a friend or family member
- a New Hampshire Registered Agent Service
You can save money by being the Registered Agent for your LLC, but there are some risks.
What are the risks of being my own Registered Agent in New Hampshire?
The risks of being your own New Hampshire Registered Agent are:
- missing an important notice from the state
- administrative dissolution
- missing Service of Process (and potential legal consequences)
These issues are more likely to occur if you:
- move and forget to update your address with the state
- travel or leave town for extended periods of time
- don’t have a reliable address
- don’t keep up with your mail
We’ll explain a few of these risks below.
Missing an important notice from the state
Your business needs to promptly receive all important notices sent by the New Hampshire Secretary of State or any other state agency.
Notices sent by state agencies often have actions that your LLC must take by a certain deadline. And in some cases, there are penalties and fees if you miss those deadlines.
Administrative Dissolution
If you are the Registered Agent for your LLC, and you move without updating your Registered Agent address, the New Hampshire Secretary of State can dissolve (shut down) your LLC.
To clarify, the state isn’t looking over your LLC every single day, so this potential administrative dissolution won’t automatically happen if you don’t update your Registered Agent information.
However, if the state finds out that your Registered Agent address isn’t up-to-date, and they can’t reach you, then they could shut down your LLC.
Default Judgment
If there is a lawsuit against your LLC, a process server will make multiple attempts to serve your LLC (deliver the court documents).
However, if they are unable to serve your LLC in person, Service of Process can be made another way (like through Certified Mail). This can mean the court notices and/or documents were “delivered” to you, even if you didn’t physically receive them.
Then the person suing your LLC can argue their case without you being there to defend your LLC. In these situations, the person suing your LLC usually wins and the court enters a default judgment against your business.
Contempt of Court
If there is a lawsuit that involves your LLC, the parties might serve your business with a subpoena. The subpoena may ask you to testify in a hearing, or to produce records.
If you don’t respond to the subpoena, you can be held in contempt of court. This can lead to fines, or the court can issue a bench warrant. This means the sheriff can come seize the records or force you to show up in court.
So should I be my own Registered Agent in New Hampshire?
You certainly can. While there are risks of being your own Registered Agent in New Hampshire, they don’t come up very often. And you can save money by being your own New Hampshire Registered Agent.
Having said that, hiring a professional Registered Agent Service can provide additional benefits, such as address privacy.
Registered Agent Information is Public Record in New Hampshire
While you (or a friend or family member) can be your LLC’s Registered Agent, you may not want to have a home address listed on public record.
The information you enter in your Certificate of Formation (including the Registered Agent’s address) becomes public record with the New Hampshire Secretary of State.
Not only is this information searchable by the public, but other websites download the state’s records and republish them on their own website. Then things begin to spread as other public record websites take that same information and list it on their websites too (and the process repeats itself).
Pretty soon your address is listed on many websites and people can easily find it by doing a Google search.
If you’d like to keep your address off public records, we have a strategy for this.
How to keep your address off public records:
Many business owners in New Hampshire start businesses from their homes. So you should be aware that the Registered Agent’s address on your LLC Certificate of Formation gets listed on public records.
If you want to keep your address off public records, you can hire a New Hampshire Registered Agent Service that will allow you to use their address throughout your Certificate of Formation.
Northwest Registered Agent offers this unique service at no additional cost.
There are many New Hampshire Registered Agents out there, but we have found Northwest to be the best Registered Agent Service available.
What’s the best New Hampshire Registered Agent option to choose?
Choosing the best New Hampshire Registered Agent option for your business depends on a few factors.
You:
You can be your own Registered Agent in New Hampshire if:
- you are a resident of New Hampshire, and
- you have a physical street address in New Hampshire.
You also should be comfortable with your address being listed on public records.
Why choose this option? This is a good option to choose if you want to save money (since you won’t need to hire a New Hampshire Registered Agent Service).
Friend or Family:
A friend or family member can be your New Hampshire Registered Agent if:
- they are a resident of New Hampshire, and
- they have a physical address in New Hampshire
They also should be comfortable with their address being listed on public records.
Why choose this option? This is a good option to choose if you aren’t a resident of New Hampshire, but want to save money (since you won’t need to hire a New Hampshire Registered Agent Service).
New Hampshire Registered Agent Service:
A New Hampshire Registered Agent Service (aka Commercial Registered Agent) is a company that specializes in receiving mail and Service of Process for your LLC.
New Hampshire Registered Agent Services usually charge $100 to $300 per year. After they receive mail for your LLC, they’ll forward it to you or upload it to your online account.
Why choose this option? This is a good option to choose if you:
- don’t live in New Hampshire
- don’t have a friend or family member’s address to use
- won’t be available during normal business hours to receive mail, or
- don’t want your address listed in the Certificate of Formation
If you’d like to hire a Registered Agent Service, the company we recommend is Northwest Registered Agent.
Northwest Registered Agent
Northwest Registered Agent is our personal recommendation (and the Registered Agent Service we use) for a few reasons:
- they’ve been in business for over 20 years
- their customer service agents are LLC experts, and
- they let you use their address in your entire LLC filing (to keep yours off public record)
Special discounted pricing for LLC University readers
Northwest usually charges $100 + state fees to form an LLC. However, we’ve negotiated a discounted rate (60% off) for LLC University® readers.
Special offer: Hire Northwest to form your LLC ($39 + state fee), and you'll get a free year of Registered Agent service.
(Why is Northwest the best? Read our Northwest Registered Agent review)
New Hampshire Registered Agent FAQs
How much does a Registered Agent cost in New Hampshire?
If you (or a friend or family member) will be your Registered Agent, there is no cost.
If you want to hire a Registered Agent Service, it will cost between $100 and $300 per year.
What is the best Registered Agent Service in New Hampshire?
We’ve reviewed the top Registered Agent Services in the industry and think the best Registered Agent Services in New Hampshire are:
- Northwest Registered Agent
- Our #1 recommendation for privacy
- ZenBusiness
- MyCompanyWorks
- Harbor Compliance
- IncFile
- Rocket Lawyer
- LegalZoom
To learn more about how these companies compare against each other, check out Best Registered Agent Services in New Hampshire.
Note: If you want to save money, you can be the Registered Agent for your New Hampshire LLC.
Is a Registered Agent a Member of an LLC?
No, a Registered Agent doesn’t automatically become an LLC Member (owner).
The only authority granted to a Registered Agent is the ability to accept legal mail and forward it to the LLC Member(s). A Registered Agent isn’t granted any other authority, like access to your LLC bank account, tax returns, or any other business information.
Having said that, an LLC Member can also be the Registered Agent for their New Hampshire LLC.
Can a family member be a Registered Agent in New Hampshire?
Yes, a family member can be your Registered Agent in New Hampshire, if they meet the legal requirements.
To be your Registered Agent, your family member must have a physical address in New Hampshire. (PO Boxes aren’t allowed). And they must be available at that address during normal business hours.
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References
Matt holds a Bachelor's Degree in business from Drexel University with a concentration in business law. He performs extensive research and analysis to convert state laws into simple instructions anyone can follow to form their LLC - all for free! Read more about Matt Horwitz and LLC University.
New Hampshire LLC Guide
Looking for an overview? See New Hampshire LLC
Hi – great article! Can you tell me, for registered agent: what is the definition of “available during business hours”? Does that mean someone has to be home all day without a break? If I work at a day job and can’t be home, or I’m home but have to run out for lunch, etc – would a process server leave a note saying they tried to contact me?
Hey Mike, thank you. The definition is just that (similar to what you have in quotes). This definition is intentionally left open-ended in order to allow the courts flexibility in judging cases. Having said that, being home all day without a break could be a bit much. However, no, a process server doesn’t leave a note. Their job is to “serve” you and get you to sign. They’ll likely attempt more than once, but we cannot say for sure. The intention of having a registered agent (whether that’s you or a Commercial Registered Agent) is that if service of process arrives, it can be served, delivered, and signed for. Apologies for my open ended reply. It’s not a real black and white definition. This is more so about the intention of the laws and the reality of how they play out. Hope that helps some.
Matt,
That does help, thanks. I must say, you have quite a valuable website here. After reading through my state’s website, I was kind of confused and not sure if I knew everything that had to be done, but I found your site yesterday and by today it’s all pretty clear. Your website’s sequence of videos is especially useful, and as a side note, your How to Use ThemeForest video on YouTube was another helpful bit of info.
Happy 4th of July to you!
Mike
Mike, thank you for the kind words. Much appreciated! Happy 4th!! :-)