Official Articles of Incorporation Form for the State of New Hampshire

What are Articles of Incorporation?

Articles of Incorporation are legal documents that establish a corporation in New Hampshire. They outline the basic information about the corporation, including its name, purpose, registered agent, and the number of shares authorized. This document is filed with the New Hampshire Secretary of State to formally create the corporation.

Who needs to file Articles of Incorporation?

Any individual or group looking to form a corporation in New Hampshire must file Articles of Incorporation. This includes businesses of all sizes, from small startups to larger enterprises. If you want to limit personal liability and create a separate legal entity for your business, filing is essential.

What information is required in the Articles of Incorporation?

The Articles of Incorporation must include several key pieces of information: the corporation's name, the purpose of the corporation, the registered agent's name and address, the number of shares the corporation is authorized to issue, and the names and addresses of the incorporators. Each of these elements helps define the corporation's structure and operations.

How do I choose a registered agent?

A registered agent is an individual or business designated to receive legal documents on behalf of the corporation. This agent must have a physical address in New Hampshire and be available during business hours. Many choose to appoint a trusted individual, such as a business partner or attorney, or they may hire a professional registered agent service.

Is there a fee to file Articles of Incorporation?

Yes, there is a filing fee associated with submitting the Articles of Incorporation in New Hampshire. As of the latest information, the fee is typically around $100, but it’s advisable to check with the New Hampshire Secretary of State’s office for the most current fee structure and any additional costs that may apply.

How long does it take to process the Articles of Incorporation?

Processing times can vary. Generally, the New Hampshire Secretary of State’s office processes Articles of Incorporation within a few business days. However, if you require expedited processing, it may be available for an additional fee, allowing for quicker approval.

Can I amend the Articles of Incorporation later?

Yes, amendments to the Articles of Incorporation can be made after the initial filing. If there are changes in the corporation's structure, such as a change in the registered agent or an increase in authorized shares, an amendment form must be filed with the Secretary of State. This ensures that all information remains current and accurate.

Do I need to create bylaws for my corporation?

While bylaws are not filed with the Articles of Incorporation, they are essential for governing the internal operations of the corporation. Bylaws outline the rules for management, meetings, and other organizational matters. It is recommended to draft and adopt bylaws to provide clear guidelines for the corporation's operation.

What happens after my Articles of Incorporation are approved?

Once the Articles of Incorporation are approved, the corporation is officially formed. You will receive a Certificate of Incorporation from the Secretary of State. At this point, the corporation can begin operations, open bank accounts, and enter into contracts. Compliance with ongoing state requirements, such as annual reports, is also necessary to maintain good standing.

Where can I find the Articles of Incorporation form?

The Articles of Incorporation form can be obtained from the New Hampshire Secretary of State’s website. The site provides downloadable forms and detailed instructions on completing and submitting the document. Additionally, local business resource centers may offer assistance in filling out the form correctly.

Understanding the New Hampshire Articles of Incorporation form is essential for anyone looking to establish a corporation in the state. However, several misconceptions can lead to confusion. Here are nine common misconceptions:

1. Incorporation is only for large businesses. Many believe that only large companies need to file Articles of Incorporation. In reality, any business owner, regardless of size, can benefit from incorporation.
2. Filing Articles of Incorporation guarantees business success. While incorporation provides legal protections, it does not ensure that a business will thrive. Success depends on various factors, including management and market conditions.
3. All states have the same Articles of Incorporation requirements. Each state has its own rules and forms. New Hampshire has specific requirements that differ from other states, so it’s crucial to follow local guidelines.
4. Once filed, Articles of Incorporation cannot be changed. While changes can be challenging, it is possible to amend Articles of Incorporation in New Hampshire if circumstances change or corrections are needed.
5. Incorporation protects personal assets from all liabilities. Incorporation provides limited liability protection, but it does not cover all situations. Personal guarantees or illegal activities can still expose personal assets.
6. Only lawyers can file Articles of Incorporation. While legal assistance can be helpful, business owners can file the form themselves if they understand the requirements and process.
7. The Articles of Incorporation are the only document needed to start a business. Incorporation is just one step. Additional permits, licenses, and registrations may be necessary depending on the business type and location.
8. Once incorporated, there are no ongoing requirements. Incorporation involves ongoing responsibilities, such as annual reports and maintaining corporate records, which are essential for compliance.
9. Incorporating is too expensive for small businesses. While there are costs involved, many small businesses find that the benefits of incorporation, including liability protection and tax advantages, outweigh the expenses.

Being informed about these misconceptions can help business owners navigate the incorporation process more effectively and make informed decisions for their ventures.

• Bylaws: Bylaws outline the internal rules and procedures for managing a corporation. While Articles of Incorporation establish the corporation's existence, bylaws govern its day-to-day operations.
• Operating Agreement: Similar to bylaws, an operating agreement is specific to LLCs. It details the management structure and operational guidelines, ensuring clarity among members.
• Certificate of Formation: This document is often used interchangeably with Articles of Incorporation in some states. It serves the same purpose of formally establishing a corporation or LLC.
• Partnership Agreement: This agreement outlines the roles, responsibilities, and profit-sharing among partners in a partnership. Like Articles of Incorporation, it defines the structure of the business entity.
• Business License: A business license grants permission to operate legally within a specific jurisdiction. While Articles of Incorporation create the entity, a business license allows it to function within the law.
• Bill of Sale Form: For effective asset transactions, refer to our comprehensive bill of sale form guide to ensure all details are properly documented.
• Employer Identification Number (EIN): An EIN is essential for tax purposes and identifies a business entity to the IRS. It complements the Articles of Incorporation by enabling the corporation to conduct financial activities.
• Annual Report: This document provides updated information about a corporation's status, finances, and management. It is filed annually to maintain good standing, following the initial establishment through the Articles of Incorporation.