Reinstate a Business in New Hampshire | A Step-by-Step Guide

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Reinstate New Hampshire Business

Running a business or forming an LLC in New Hampshire can be a rewarding yet challenging experience. When operating a business, unforeseen circumstances may arise, leading to the suspension or dissolution of the entity. If your business has been suspended or dissolved in New Hampshire, you do not need to worry. This guide will provide a step-by-step process to Reinstate your Business in New Hampshire and get back on track.

Webinarcare Editorial Team will help you easily reinstate your New Hampshire business. You must be guided by all the factors gathered in this article.

How to Reinstate a Business in New Hampshire

Understanding Dissolution and Suspension

Before diving into the reinstatement process, it’s essential to understand the difference between dissolution and suspension.

Dissolution

Dissolution is the legal termination of a business entity. This can happen voluntarily by the owners or involuntarily by New Hampshire due to non-compliance with state laws and regulations. When a business is dissolved, it must cease all operations and settle outstanding debts and liabilities.

Suspension

The state can suspend a business entity for various reasons, such as failing to file Annual Reports or paying taxes. When a business is suspended, it loses its right to conduct business within New Hampshire, and the owners may be personally liable for any debts or liabilities incurred during the suspension period. Hiring a Registered Agent for your documents to be compliant is very important. You could check out the Best New Hampshire Registered Agent Services in New Hampshire.

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How to Reinstate a Business in New Hampshire

In New Hampshire, reinstating your business needs a lot of preparation, more specifically if it is located in Concord. To be aware and prepared, we have gathered information on the steps to reinstate your New Hampshire business. If it is manageable to Dissolve a Business in New Hampshire, it is also bearable to reinstate your New Hampshire business. Keep in mind that you should follow the mentioned steps below. 

Step 1: Determine the Reason for Suspension or Dissolution

The first step in reinstating your New Hampshire business is determining why it is suspended or dissolved. This information can be found in the notice issued by New Hampshire or by contacting the New Hampshire Secretary of State. Common reasons for suspension or dissolution include:

  • Failure to file Annual Reports
  • Failure to pay taxes or fees
  • Failure to maintain a Registered Agent
  • Non-compliance with state laws and regulations

Step 2: Resolve Outstanding Issues

Once you have identified the reason for your business’s suspension or dissolution, you must resolve the outstanding issues. This may include:

  • Filing any missing New Hampshire Annual Reports and paying associated fees. In New Hampshire, the LLC Annual Reports costs $100 while the Corporation Annual Report costs $100.
  • Paying any outstanding taxes or fees
  • Appointing or updating your Registered Agent information. 
  • Resolving any non-compliance issues with state laws and regulations

Ensure that you keep records of all payments and documents submitted to the New Hampshire Secretary of State, as you may need to provide proof of compliance during the reinstatement process. We recommend hiring the Best Registered Agent Services if you plan to reinstate your business. This will ensure that your documents are up to date.

It is suggested that you speak with a legal professional before you begin reinstating your New Hampshire business. They’ll understand what’s best for you and your company. To safeguard your personal assets from business debts, you can always start an LLC in New Hampshire.

– WEBINARCARE EDITORIAL TEAM

Step 3: Obtain a Certificate of Good Standing

Certificate of Good Standing is a document issued by New Hampshire that verifies that your business is in compliance with all state requirements and is authorized to conduct business within the state. Although obtaining a Certificate of Good Standing is not always required for reinstatement, it can be beneficial in demonstrating your business’s compliance and may expedite the reinstatement process.

To obtain a Certificate of Good Standing in New Hampshire, you will need to:

Get and Submit the Form

The form is available on the New Hampshire Secretary of State website. You can download the form and mail it or submit it online. 

Online Application Process:
  • Visit the State Website: In New Hampshire, they offer an online portal for business services, which includes the option to request a Certificate of Status.
  • Register an Account: You may need to create an account or log in to your existing account to access the application process.
  • Provide Required Information and Documentation: The online application typically requires basic information about your business, such as the entity name, identification number, and business type. You may also need to upload supporting documents. 
Paper Application Process:
  • Download and Complete the Appropriate Forms: Visit the New Hampshire Secretary of State to download the required application forms for the Certificate of Good Standing. Complete the forms, ensuring all information is accurate and up-to-date.
  • Provide Required Documentation: In New Hampshire, you may need to include copies of your registration documents, Certificate of Formation, Annual Reports, or other supporting materials.
  • Mail or Deliver the Application: Once you have completed the forms and gathered the necessary documents, mail or deliver the application package to the Corporation Division, NH Dept. of State, 107 N Main St, Rm 204, Concord, NH 03301, along with the required fees.
Pay Any Associated Fees

The fees for obtaining a Certificate of Good Standing cost $5, vary depending on the type of business entity. Some states also offer expedited processing for an additional fee. Check the New Hampshire Secretary of State website for the most up-to-date fee schedule. The Certificate of Good Standing’s processing time varies from state to state. Also, it depends on the expedited filing as well. It can take a few days to a few months to obtain the Certificate of Good Standing in New Hampshire.

Provide Proof of Compliance

To prove compliance with state requirements, you must file Annual Reports and pay the necessary taxes.

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Step 4: Submit Reinstatement Application

Once you have resolved all outstanding issues and obtained a Certificate of Good Standing, you can submit your reinstatement application to the New Hampshire’s Secretary of State. The reinstatement application process may vary depending on the state and the type of business entity (corporation, LLC, etc.).

In general, the reinstatement application process will require:

  • Completing a reinstatement application form is typically found on the New Hampshire Secretary of State’s website.
  • Providing proof of compliance with state requirements, such as filing Annual Reports, paying taxes, and maintaining a Registered Agent.
  • Pay the reinstatement fee in New Hampshire. The cost of the reinstatement fee amounts to $100 (domestic corporations), $150 (foreign corporations). However, the cost will vary depending on the length of time your New Hampshire business has been suspended or dissolved.

Step 5: Wait for Approval

After submitting your reinstatement application and all required documentation, you must await approval from the New Hampshire’s Secretary of State. The processing time for reinstatement applications can vary depending on the New Hampshire and the complexity of your case. Being patient and prepared to provide any additional information or documentation requested by New Hampshire during this time is essential.

Step 6: Notify Creditors and Stakeholders

Once your business has been reinstated, you must notify creditors and stakeholders of your business’s renewed status. This may include:

  • Sending a formal letter to creditors and stakeholders informing them of the reinstatement.
  • Updating your New Hampshire business’s website and social media accounts to reflect the reinstated status.
  • Informing any relevant licensing or regulatory agencies of the reinstatement.

Step 7: Resume Business Operations

After your New Hampshire business has been reinstated and all relevant parties have been notified, you can resume your business operations. Be sure to maintain compliance with state laws and regulations moving forward to avoid future suspensions or dissolutions.

Reinstating or Creating a New Business?

Whether to reinstate a business or start a new one from scratch depends on several factors specific to your situation. Here are some points to consider when making your decision:

  • Costs: The costs of reinstating and starting a new business can vary significantly. Reinstating a business may involve paying outstanding taxes, fees, and penalties while starting a new business requires registration fees and potential legal costs. Compare both options’ costs to determine which is more financially viable.
  • Business History and Reputation: If your previous business has a strong reputation and established customer base, reinstating it may be more beneficial than starting from scratch. On the other hand, if your New Hampshire business has a negative history or unresolved legal issues, start fresh with a new business.
  • Time and Effort: Reinstating a business can be a time-consuming process, as you need to resolve outstanding issues, submit a reinstatement application, and wait for approval. Starting a new New Hampshire business may be faster, as you can register the business and begin operations relatively quickly. Consider which option is more time-efficient based on your situation.
  • Legal and Regulatory Compliance: If your previous New Hampshire business was suspended or dissolved due to non-compliance with state laws and regulations, you should carefully evaluate whether you can maintain compliance if the business is reinstated. If you are confident in your ability to comply with requirements, reinstating the business might be a good option. However, starting a new New Hampshire business might be a better choice if you still determine your ability to maintain compliance.

Ultimately, deciding to reinstate a business or start a new one from scratch depends on your circumstances and goals. Consider the abovementioned factors, consult with professionals such as New Hampshire Business Attorneys and accountants, and evaluate which option best suits your needs and long-term business objectives.

FAQs

How do I reinstate my dissolved New Hampshire business?
To reinstate your dissolved New Hampshire business, you need to file an Application for Reinstatement with the Secretary of State’s Office and pay all required fees.
Can I file for reinstatement online in New Hampshire?
Yes, you can file for reinstatement online in New Hampshire through the Secretary of State’s online portal.
How much does it cost to reinstate a New Hampshire business?
The cost to reinstate a New Hampshire business varies depending on the type and size of the business. Generally, you will need to pay a reinstatement fee as well as any outstanding fees and penalties owed.
Is there a deadline for reinstating a dissolved New Hampshire business?
Yes, there is a deadline for reinstating a dissolved New Hampshire business. Generally, you must file for reinstatement within three years of the date of dissolution.
What documents do I need to include with my New Hampshire business reinstatement application?
The documents you need to include with your New Hampshire business reinstatement application vary depending on the type of business you have. Generally, you will need to provide any missing annual reports or filings, as well as a current certificate of good standing from the New Hampshire Secretary of State’s Office.
How long does it take for my New Hampshire business to be reinstated?
The time it takes for your New Hampshire business to be reinstated depends on several factors, including the complexity of your case and the volume of applications the Secretary of State’s Office is processing. Generally, it can take several weeks to several months.
Can a non-resident own and operate a New Hampshire business?
Yes, a non-resident can own and operate a New Hampshire business, as long as they comply with all applicable laws and regulations.
What are the requirements for registering a foreign corporation to conduct business in New Hampshire?
The requirements for registering a foreign corporation to conduct business in New Hampshire include
Do I need to file annual reports for my New Hampshire business?
Yes, you need to file annual reports for your New Hampshire business. The report is due every year on April 1st.
What is the penalty for not filing an annual report in New Hampshire?
The penalty for not filing an annual report in New Hampshire is $50 plus $2 per day for each day the report is late.
Can I change the name of my New Hampshire business?
Yes, you can change the name of your New Hampshire business. To do so, you need to file a name change request with the Secretary of State’s Office and pay any applicable fees.
How long does it take to process a name change request for a New Hampshire business?
The time it takes to process a name change request for a New Hampshire business depends on several factors, including the complexity of your case and the volume of applications the Secretary of State’s Office is processing. Generally, it can take several weeks to several months.
Do I need a New Hampshire business license to operate a business in the state?
It depends on the type of business you have. Some businesses require a specific license to operate in New Hampshire, while others do not. Check with the Secretary of State’s Office and with your local municipality for further information.
Do I need a sales tax id number in New Hampshire to sell products or services?
No, New Hampshire does not have a general sales tax, so you do not need a sales tax id number to sell products or services in the state. However, there may be specific taxes or fees associated with your particular business or industry.
Can I dissolve my New Hampshire business voluntarily?
Yes, you can dissolve your New Hampshire business voluntarily by filing Articles of Dissolution with the New Hampshire Secretary of State’s Office.
How much does it cost to dissolve a New Hampshire business voluntarily?
The cost to dissolve a New Hampshire business voluntarily varies depending on the type of business you have and the fees associated with filing Articles of Dissolution. Generally, it can range from $25 to a few hundred dollars.
What happens to my assets and liabilities when I dissolve my New Hampshire business?
When you dissolve your New Hampshire business, you need to distribute the assets and settle the liabilities of the business. This may involve selling inventory, paying off loans, and distributing any profits or losses.
Can I revive a dissolved New Hampshire business?
Yes, you can revive (or reinstate) a dissolved New Hampshire business if you meet certain requirements and follow the proper procedures. See the first few questions above for more information.
Can I transfer ownership of my New Hampshire business?
Yes, you can transfer ownership of your New Hampshire business. This usually involves selling your shares or interest to another person or entity, or dissolving the old business and forming a new one with the new owners.
What is an operating agreement for a New Hampshire LLC?
An operating agreement for a New Hampshire LLC is a legal document that outlines the internal workings of the LLC, such as the members’ rights and responsibilities and the guidelines for managing the business.
Do I need an operating agreement for my New Hampshire LLC?
Technically, no, you are not required to have an operating agreement for your New Hampshire LLC. However, it is highly recommended, as it can help prevent disputes and provide a clear set of rules and procedures for running the business.
How do I form a Series LLC in New Hampshire?
To form a Series LLC in New Hampshire, you need to file Articles of Organization with the Secretary of State’s Office, allowing for the creation of series within the LLC. You should also consult with an experienced business lawyer to ensure you are following all related legal requirements.
What is a Registered Agent in New Hampshire?
A Registered Agent in New Hampshire is a person or entity that is designated to receive legal documents and other important correspondence on behalf of a business, such as lawsuits or government notices.
Do I need a Registered Agent in New Hampshire for my business?
Yes, all businesses registered in New Hampshire are required to have a Registered Agent who is physically present and available during regular business hours to receive legal and business correspondence on behalf of the business.
Can I be my own Registered Agent in New Hampshire?
Yes, you can be your own Registered Agent in New Hampshire, as long as you have a physical street address in the state and are available during regular business hours to receive legal and business correspondence.
Can I change the Registered Agent for my New Hampshire business?
Yes, you can change the Registered Agent for your New Hampshire business. To do so, you need to file a Statement of Change/Resignation of Registered Agent with the New Hampshire Secretary of State’s Office.
How do I obtain a Certificate of Good Standing for my New Hampshire business?
You can obtain a Certificate of Good Standing for your New Hampshire business by submitting a request to the New Hampshire Secretary of State’s Office or through the Secretary of State’s website. The Certificate verifies that your business is up to date with all filings and fees and is authorized to operate in the state.
What is the difference between a domestic corporation and a foreign corporation in New Hampshire?
A domestic corporation in New Hampshire is a corporation that was formed in the state and is authorized to conduct business within the state only. A foreign corporation, on the other hand, is a corporation that was formed in another state or country and is authorized to conduct business in New Hampshire through registration with the Secretary of State’s Office.
How can I reinstate a New Hampshire business that has been dissolved?
To reinstate a New Hampshire business that has been dissolved, you will need to file an Application for Reinstatement with the Secretary of State.
Can I reinstate a New Hampshire business online?
Yes, you can file the Application for Reinstatement online through the Secretary of State’s website.
What are the fees for reinstating a New Hampshire business?
The fee for reinstating a New Hampshire business varies depending on the type of business entity.
How long does it take to reinstate a New Hampshire business?
The reinstatement process can take up to a few weeks, but the actual time frame will depend on the backlog of filings at the Secretary of State.
Can I continue using my business name when I reinstate my New Hampshire business?
If your business name was not reserved or registered in the time your business was dissolved, you may need to choose a new business name.
Can I retroactively reinstate my New Hampshire business?
No, New Hampshire does not allow for retroactive reinstatement of a business.
What documents do I need to prepare to reinstate my New Hampshire business?
To reinstate your New Hampshire business, you will need to prepare and file the Application for Reinstatement.
Will the Secretary of State automatically reinstate my New Hampshire business if I missed an annual report deadline?
No, the Secretary of State will not automatically reinstate your business if you missed an annual report deadline.
Do I need to file all missing annual reports along with my Application for Reinstatement for a New Hampshire business?
Yes, you will need to file all missing annual reports along with your Application for Reinstatement.
How far back can I reinstate my New Hampshire business?
You can reinstate your New Hampshire business as far back as the date it was dissolved, as long as all interests and liabilities have been addressed.
Can I still do business in New Hampshire even if I haven’t reinstated my dissolved business yet?
No, you may not operate until your business is reinstated.
Do I need to provide any reason for reinstating a New Hampshire business?
No, New Hampshire does not require any reason for reinstating a business.
Can I reinstate an LLC in New Hampshire that has been voluntarily dissolved by the members?
Yes, a voluntarily dissolved LLC can be reinstated, but only the same members may apply to reinstate it.
What if I lost track of my business records? Can I still reinstate my New Hampshire business?
While good record keeping is important, you can still reinstate your New Hampshire business even if you have lost some of your records.
Can I dissolve and then immediately reinstate my New Hampshire business if I made a clerical error?
Yes, if your business was dissolved due to a clerical error, it may be reinstated if corrected immediately.
Can I reinstate my New Hampshire business myself or do I need an attorney?
You can reinstate your New Hampshire business yourself, but an attorney may be helpful if you have any legal questions or complications.
Can I apply for reinstatement of a New Hampshire nonprofit organization?
Yes, a nonprofit organization can seek reinstatement in New Hampshire.
What happens if my Application for Reinstatement for my New Hampshire business is rejected or denied?
If your Application for Reinstatement is rejected or denied, you may appeal the decision or rectify the issue that caused the denial and reapply.
Can I reinstate a business that has been involuntarily dissolved in New Hampshire?
Yes, you can file for reinstatement if your New Hampshire business has been involuntarily dissolved.
Do I need to submit my New Hampshire annual reports if I’m not making any money?
Yes, all forms must be submitted regardless of business activities or lack thereof.
Is it a requirement to have insurance to reinstate my New Hampshire business?
No, insurance is not a requirement to reinstate a business in New Hampshire, but it is advisable to have appropriate coverage.
How can I find out if my New Hampshire business is still active?
You can use the Business Entity Search Tool on the Secretary of State’s website to find out about the status of your New Hampshire business.
What is a registered agent and do I need one to explore reinstate status of New Hampshire business?
A registered agent is an individual or a business that is authorized to do business in New Hampshire and acts as a liaison between the state and your business. If you require further guidance, a registered agent is a valuable resource to have.
Can I file the Application for Reinstatement by mail or do I need to file it in person?
The Secretary of State accepts Application for Reinstatements by mail, fax, or online.
What happens if I don’t file for reinstatement for my New Hampshire business?
If you do not file for reinstatement of your New Hampshire business, the state will dissolve your business and it will lose its name and official status.
Do I need to update my New Hampshire business status to reinstatement status with the Internal Revenue Service (IRS)?
No, you do not need to apply to the IRS to have your business status updated to reinstated. However, the IRS must be notified and sent updated information once your status has changed.
How can I dissolve my New Hampshire business again after it’s been reinstated?
If you wish to voluntarily dissolve your business once again, you must file articles of dissolution with the Secretary of State and pay the associated fees.
Do I need to notify customers and vendors of my New Hampshire business’s reinstated status?
While it’s not a legal requirement, it may be advisable to notify customers and vendors of your business’s reinstated status, especially if close working relationships are involved.
Can I reinstate a sole proprietorship that has been inactive?
No, there is no formal reinstatement process for a sole proprietorship. However, you can start doing business again and file for a GST license or business registration if needed.

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Conclusion

Reinstating a business in New Hampshire can be complex and time-consuming. However, following the steps outlined in this guide, you can successfully reinstate your business and resume operations. Remember to stay diligent in maintaining compliance with state laws and regulations to avoid future issues and ensure the continued success of your business.

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