New Hampshire Articles of Incorporation
New Hampshire articles of incorporation form a corporation by filing Form ArtInc with the Secretary of State for $100, setting the name, agent, and shares. Attorney review available.
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Introduction
Under RSA 293-A, the New Hampshire Business Corporation Act, a corporation is created as a separate legal entity the moment its incorporators file articles of incorporation with the New Hampshire Secretary of State. Filing brings the corporation into existence so it can own property, sign contracts, and give its owners limited liability for the debts of the corporation. New Hampshire law requires the articles to set forth the corporate name, the number of shares the corporation is authorized to issue, the street address of the initial registered office with the name of the initial registered agent, and the name and address of each incorporator (RSA 293-A:2.02). A purpose statement is optional. New Hampshire calls its form the Articles of Incorporation (Form ArtInc), and the filing fee is $100 (RSA 293-A:1.22). New Hampshire does not charge a corporate franchise tax. It instead levies the Business Profits Tax and the Business Enterprise Tax through the Department of Revenue Administration on businesses that meet the filing thresholds; those are not franchise taxes on the entity and their rates change over time. After the corporation is formed, it must file an annual report between January 1 and April 1 each year, with a $100 fee (RSA 293-A:16.21, 293-A:1.22). DocDraft builds your New Hampshire articles of incorporation from your facts, with attorney review available before you file.
Key Things to Know
- 1
New Hampshire's RSA 293-A, the Business Corporation Act, governs the articles of incorporation that create a corporation as a separate legal entity, filed with the Secretary of State.
- 2
You file the articles (Form ArtInc) with the New Hampshire Secretary of State, Corporation Division, and pay a $100 filing fee (RSA 293-A:1.22). The Secretary of State is the filing office for forming a New Hampshire corporation.
- 3
New Hampshire requires the articles to set forth the corporate name, the number of authorized shares, the initial registered office and registered agent, and the name and address of each incorporator (RSA 293-A:2.02). A purpose statement is optional.
- 4
Every New Hampshire corporation must continuously maintain a registered office and a registered agent in the state; the agent may be a New Hampshire resident or an entity authorized to do business there, and receives legal papers for the corporation (RSA 293-A:5.01).
- 5
New Hampshire does not charge a corporate franchise tax. It instead levies the Business Profits Tax and the Business Enterprise Tax through the Department of Revenue Administration on businesses that meet the filing thresholds.
- 6
After formation, a New Hampshire corporation must file an annual report between January 1 and April 1 each year, with a $100 fee (RSA 293-A:16.21, 293-A:1.22). Filing on time keeps the corporation in good standing.
- 7
Articles of incorporation form a corporation. To form a New Hampshire limited liability company you file a certificate of formation instead, and corporate bylaws are a separate internal document the corporation keeps rather than files.
Key decisions before you file
Before you file a Articles of Incorporation in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Articles of Incorporation guide walks through them.
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New Hampshire Requirements for Articles of Incorporation
File Form ArtInc With the Secretary of State
A New Hampshire corporation is formed by filing the articles of incorporation (Form ArtInc) with the New Hampshire Secretary of State, Corporation Division. The filing fee is $100 (RSA 293-A:1.22). The corporation legally exists once the Secretary of State files the articles.
Corporate Name With a Designator
The corporate name in the articles must satisfy RSA 293-A:4.01, which generally means it includes a word such as Corporation, Incorporated, Company, or Limited, or an abbreviation, and must be distinguishable from other names on file with the New Hampshire Secretary of State.
Required Contents of the Articles
New Hampshire requires the articles to set forth the corporate name, the number of authorized shares, the initial registered office and registered agent, and the name and address of each incorporator (RSA 293-A:2.02). A purpose statement is optional.
Registered Office and Registered Agent
The corporation must continuously maintain a registered office and a registered agent in New Hampshire (RSA 293-A:5.01). The agent can be a New Hampshire resident or a business entity authorized to do business in the state, at a physical street address.
Authorized Shares
The articles must state the number of shares the corporation is authorized to issue. If there is more than one class or series, the articles must give a distinguishing designation and describe the rights and limitations of each (RSA 293-A:2.02, 293-A:6.01).
Annual Report Between January 1 and April 1
A New Hampshire corporation must file an annual report with the Secretary of State between January 1 and April 1 each year, with a $100 fee (RSA 293-A:16.21, 293-A:1.22). Filing on time keeps the corporation in good standing.
No Corporate Franchise Tax
New Hampshire does not charge a corporate franchise tax. It instead levies the Business Profits Tax and the Business Enterprise Tax through the Department of Revenue Administration on businesses that meet the thresholds. This is general information and not tax advice.
Corporation Versus LLC
Articles of incorporation form a corporation. To form a New Hampshire limited liability company you file a certificate of formation instead. Corporate bylaws are a separate internal document the corporation keeps rather than files with the state.