Because of a recent efficiency change in process at the New Hampshire Secretary of State's office (NHSOS), many corporations and limited liability companies discover, frequently at inopportune times, that they are not in good standing, or possibly even dissolved. Why? The entity failed to file its annual report for a year or more. What was the change in process? Consistent with requests and opportunities for increased use of technology, the NHSOS began accepting on-line filing of annual reports last year. In making the transition, the NHSOS notified all for-profit corporations and limited liability companies, both domestic and foreign, of the change by a green card mailer that many entities seem to have disregarded or lost. In years past, the actual form of the annual report was mailed — no more. While the annual report forms can be printed from the NHSOS website and mailed with the annual report fee, the State does hope for increased use of the Internet for filing annual reports.
The 2005 annual reports are due on or before April 1st. The new NHSOS green cards are now being received to remind all entities to file the annual reports. Be on the look-out for these green cards from NHSOS — they are not junk mail. In any event, if you have not received the green card and filed the annual report by early March, you should go on-line and file the annual report or contact your attorney. The annual filing fee for the report is $100 and, again, is due on April 1st. If the annual report is not filed by April 1st, the NHSOS will charge a late fee of $25 per month until the report is completed and file with the NHSOS. Any corporation or LLC that does not file an annual report for two consecutive years will automatically be administratively dissolved by NHSOS the following August.
There are three ways to file the report — on-line, by mail or in person. The most convenient way is to file online using the NHSOS website and paying by credit card. To file online, go to the NHSOS website at www.sos.nh.gov/corporate and click on File Annual Reports Online. Once there, you can either pay by credit card and file online or print a copy of the form for completion and pay by cash or check. All you need to do to complete the form online is insert your 6 digit business ID number (which will be located on the face of the green postcard you receive from the NHSOS office). Once you enter your Business ID number your entity information will appear. Click the link at the bottom of the page entitled File Annual Reports Online. Complete all required information, enter your credit card information when prompted and submit the annual report for filing. You may also display and print for your records an invoice indicating your filing was sent and paid as well as a copy of your filed the annual report.
Should you choose to pay by cash or check, simply print a copy of the annual report from the NHSOS website, complete all the information and mail it to: NH Department of State, Annual Reports, P.O. Box 9529, Manchester, NH 03108-9529. You may also file in person by visiting the Secretary of State's office at: State House Annex, Room 341, 25 Capitol Street, 3rd Floor, Concord, NH 03301 -- Monday through Friday 9:00am - 3:30pm.
Please timely file your annual reports. It will save late fees, avoid reinstatement costs and time, maintain the right to use your entity name in New Hampshire to the exclusion of others (subject to trademark laws), reduce risk of personal liability for the acts or omissions of your entity and, yes, keep your entity in good standing.
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