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New Hampshire is relaxed about who serves and strict about where. The Secretary of State's FAQ says an owner, manager or employee can be the agent, but the person has to be locatable at a physical address in the state. A post office box never works. Our New Hampshire business guide covers searching records and fees.
Who can be the agent?
The state describes an agent as a person or entity chosen to receive official documents and accept service of legal process for the business. The FAQ describes two kinds of qualifying agent:
- an individual, corporation or LLC located in New Hampshire, or
- a business entity already registered with the Secretary of State, with a physical New Hampshire address.
State law requires an LLC or corporation to keep an agent in the state at all times to be in good standing. The agent acts as the business's representative for legal documents and court notices, so pick someone dependable. For the background on what the agent receives, see service of process.
What counts as a registered office?
It is the agent's physical business address in New Hampshire. It cannot be a post office box. The state adds that the agent should generally be available at that address during regular business hours. If you work from a shared office, check that the person can actually be found there.
Can you do it yourself?
Yes. The FAQ says business owners, managers and employees can be listed, provided they can be located at the registered agent address. Read be your own registered agent for the trade-offs, such as your address appearing on a public record. If nobody in the business has a New Hampshire address, look at registered agent services. The state publishes a list of companies willing to serve for a fee, and we do not name any.
How do you change the agent or office?
File Form 10, the Statement of Change of Registered Office or Registered Agent or Both, with a $15 filing fee. You can file it online in QuickStart or on paper. Fees paid electronically carry an extra $2.00 handling charge under RSA 5:10-a. See the LLC forms and fees page for the form list.
Our New Hampshire LLC page shows where the agent goes on Form LLC-1.
What happens with no agent?
The state warns that failure to maintain an agent may result in administrative suspension or dissolution. Foreign entities are suspended after missing the current year of filing, and domestic entities are dissolved after two years without filing. Keep the agent record current so that notices reach someone who will act on them.
We could not read New Hampshire's statute on agent resignation, so this page does not describe that process. Check RSA chapter 304-C before an agent quits.
Is the agent the same as the owner on record?
Not necessarily. An LLC chooses to be managed by its members or by managers, and its annual report must list the name of at least one member or manager, depending on that choice. The registered agent is a separate appointment that the LLC must also appoint and maintain. The state does not file shareholder ownership of corporations at all. So a person named on the report may or may not be the person who accepts papers. Treat them as two jobs when you plan who is available at the registered address.
How do you find the agent on record?
Use QuickStart to search for the company. Most filed documents can be viewed and downloaded free, so you can read the formation filing and any Form 10 changes. Our New Hampshire guide explains the search. If your LLC was formed elsewhere and wants to operate here, see foreign LLC registration.