How to File a New Hampshire LLC or Corporation Amendment

If you own and run a New Hampshire limited liability company (LLC) or corporation, you’re probably concerned about business compliance. If certain public information about your company changes, you’ll need to notify the state of those updates by amending your Certificate of Formation or Articles of Incorporation. We’ll show you how the New Hampshire LLC or corporation amendment process works and how we can help make the process quick and easy.

Need to form an LLC first? We can help get your New Hampshire LLC started with our fast, easy New Hampshire LLC formation service. We can also help through corporation formation services, too. We’d love to help you make your business dreams a reality.

Amending a New Hampshire LLC Certificate of Formation

If you need to make changes to a New Hampshire LLC, we’ll show you how in this section. But if you need to make changes to a corporation, please keep scrolling to the section titled “Amending a New Hampshire Corporation Articles of Incorporation.”

Step 1: Determine if you need to amend your Certificate of Formation

In New Hampshire, you’ll file the Certificate of Formation to start your LLC. Technically speaking, your LLC won’t even exist until you file this form. It asks for a variety of information about your business, including:

• Your business name
• Principal office address
• Nature of the business and its NAICS code (if known)
• Name and address of the registered agent
• Whether management will be vested in members or managers
• Name, address, and title of each member or manager
• Other provisions you wish to include
• Name and signature of one of the members or managers

Generally speaking, if you need to make changes to this information, then you’ll need to file an amendment. However, there are certain items that you can’t change with an amendment. If you’re changing your registered agent and/or registered office, you’ll need to file Form 10, Statement of Change of Registered Office or Registered Agent or Both. This can be done online or by downloading the form from the New Hampshire Secretary of State website, completing it, and sending it by mail or in person with a $15 fee (as of this writing).

If you need to change your LLC’s business, mailing, or email address or you need to change your members or their addresses, you’ll need to file a Business Information Change form online. This carries no filing fee. However, this is only if you’re changing one of these things; if you’re changing multiple times, you’ll need to file a full Form LLC-3, Certificate of Amendment.

Step 2: Identify and gather the information you need to amend

To make changes to a New Hampshire LLC, you’ll need to file the Certificate of Amendment. But before you get into the paperwork step, it’s helpful to gather the information you need to file your amendment and the changes you want to make. More specifically, you’ll need to provide this info:

• Your current business name
• The exact text of the amendment you’re making
• Name and signature of an authorized party

Having this information on hand before you file your paperwork will help streamline the filing process.

Why should I update my Certificate of Formation?

Keeping your business compliant with state business regulations helps it maintain its entitlement to all of its legal benefits. When you file your entity as a legal LLC in New Hampshire, all information included in your filing becomes public knowledge. If your information changes but you don’t update it, the public may not have accurate contact information. Any changes in your registered agent should be reported as well since they are responsible for receiving service of process and other important communications on behalf of your business. However, as we mentioned above, this needs to be done with a Statement of Change of Registered Office or Registered Agent or Both form.

Are there penalties if I don’t?

Failing to correct your Certificate of Formation means that you won’t be able to get a New Hampshire Certificate of Good Standing. A Certificate of Good Standing confirms that your business has paid all of its fees, filed all required forms, and is a valid New Hampshire business.

The inability to get a Certificate of Good Standing limits your business’s financial future. Some problems you’ll encounter include:

• Issues obtaining business credit or opening a bank account
• Problems getting or keeping business licenses
• Problems raising capital 
• Issues doing business in other states

Step 3: File your Certificate of Amendment with the Secretary of State

Next, it’s time to file your paperwork. New Hampshire allows you to file this paperwork online or by mail. If you’re filing online, you’ll need to log into NH QuickStart. If you’re filing by mail, you’ll need to download the form from the Secretary of State’s website. Either way, you’ll need to fill out the form with all the information you gathered during Step 2.

At the time of this writing, there’s a $35 fee for this filing. Once your paperwork is processed, your amendment will go into effect.

Amending a New Hampshire Corporation Articles of Incorporation

Need to make changes to a New Hampshire corporation? We’ll show you how in this section.

Step 1: Determine if you need to amend your Articles of Incorporation

In New Hampshire, the Articles of Incorporation is what formally creates your business; until you file this form, the corporation doesn’t even exist. The Articles asks for a variety of information, including:

• Name of the corporation
• Principal office address
• Number of shares the corporation is allowed to issue
• Par value and classes of those shares
• Name and address of the registered agent
• Primary purpose for the business
• Name and address of each director
• Name, address, and signature of each incorporator

Generally speaking, if you need to make changes to this information, then you’ll need to file an amendment. However, there are certain items that you can’t change with an amendment. If you’re changing your registered agent and/or registered office, you’ll need to file Form 10, Statement of Change of Registered Office or Registered Agent or Both. This can be done online or by downloading the form from the New Hampshire Secretary of State website, completing it, and sending it by mail or in person with a $15 fee (as of this writing).

If you need to change your corporation’s business, mailing, or email address or you need to change your directors, officers, or their addresses, you’ll need to file a Business Information Change form online. This carries no filing fee. However, this is only if you’re changing one of these things; if you’re changing multiple times, you’ll need to file a full Form 14, Articles of Amendment to the Articles of Incorporation.

Step 2: Identify and gather the information you need to amend

New Hampshire corporations need to file the Articles of Amendment if they need to make a change to their founding documents. But before you file, it’s helpful to gather the information you need to make your desired changes. The Articles of Amendment asks for the following:

• Name of the corporation
• Text of the amendment you’re making
• Provisions for issuing new shares or reclassifying them if changes to shares were made
• Date the amendments were approved
• How the amendments were approved
• Name and signature of an authorized party

Having all of this information on hand will help streamline your filing process.

Step 3: File your amendment with the Secretary of State

Now, it’s time to file your corporation amendment paperwork. In New Hampshire, you can file this form online, by mail, or in person at the Secretary of State’s office. If you’re filing online, you’ll need to log into NH QuickStart. But if you’re filing paper forms, you’ll need to download the form from the Secretary of State’s website. Either way, you’ll need to fill out the form with the information you gathered during Step 2.

At the time of this writing, there’s a $35 fee for this filing. Once the form is processed, your amendment will go into effect.

Restated Certificate of Formation With or Without Amendments

New Hampshire offers businesses the option of restating their Certificate of Formation. This is done through a Limited Liability Company Restated Certificate of Formation With or Without Amendments (more simply referred to as the Restated Certificate of Formation). Corporations file the Restated Articles of Incorporation.

It’s also worth noting that New Hampshire doesn’t offer businesses a “statement of correction” or other forms to make minor updates. Businesses can either amend or restate their formation certificates.

We can help you with this process using our Worry-Free Compliance service. We’ve helped many New Hampshire business owners with their compliance, amendments, and formation documents.

We’re here to help you meet your New Hampshire compliance needs

We help business owners from formation to compliance with New Hampshire LLC or corporation amendments and more. Our registered agent service helps with your registered agent and service of process obligations. Our Worry-Free Compliance service with two yearly amendments helps keep your business in compliance with state filing obligations.