How to Amend Articles of Incorporation in New Hampshire (2024) (original) (raw)

Amend New Hampshire Articles of Incorporation

Amending the Articles of Incorporation in New Hampshire is required if you make any changes to your formed corporation. An amendment is a process through which you report the structural or any change in your corporation to the New Hampshire Secretary of State. To do so, you are required to follow a few simple steps. You need to get the amendment form, enter the details of the changes, and submit it to the appropriate address along with the amendment fee.

In this article, we have shared the process in detail. You will learn how to amend New Hampshire Articles of Incorporation in easy steps. It will be helpful for you if you read the article till the end.

What is the New Hampshire Articles of Incorporation?

The New Hampshire Articles of Incorporation is a legal document that you need to file with the Secretary of State while registering your corporation in New Hampshire. It is similar to the Certificate of Formation you file while creating an LLC in New Hampshire. If you already own a corporation in New Hampshire, you must know what the Articles of Incorporation is. However, those who are not aware of this document can get all the required details from this page. The Articles of Incorporation is a set of papers that have all the information regarding your corporation and are filed with the Secretary of State. You must pay the filing fees to register your Articles of Incorporation.

This document has information related to your corporation. Details like the name of the corp, principal address, New Hampshire Registered Agent details, corporation structure, directors, shareholders, and signature of the incorporators should be mentioned in the document. An online or offline form mentioning these details should be filed with the SOS at the time of forming your corporation. You must pay the filing fee to the state online or by check.

Like forming an LLC, for the corporation, it takes some time to form your business in New Hampshire after filing the documents. You can expedite the filing process by paying additional money over the filing fees.

It is good to make changes in your Articles of Incorporation. When you change anything, specifcally the name, it brings good and bad effects to the company. Make sure the name change does not affect your revenue or status adversely.

– LLCBuddy Editorial Team

How to Amend the New Hampshire Articles of Incorporation

There are three main steps to file your amendment to the New Hampshire Articles of Incorporation. Before you proceed with the steps of filing the form, you must know what changes you can make in your corporation and what changes you cannot. Let’s start with the first step and some related information,

Step 1: Determine What Changes You Need in New Hampshire Corporation

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Updating your Articles of Incorporation periodically can be beneficial by making necessary changes. However, frequent alterations in structure or name may not be advisable. The first step involves determining which changes are needed and assessing their potential impact. Modifying aspects of your existing business can affect your revenue or client relationships, so it’s crucial to carefully consider whether the changes are truly necessary and what consequences they may bring.

An up-to-date Articles of Incorporation reflects the current status of a corporation in New Hampshire. The key elements of your updated Articles of Incorporation may include the advantages of being a Registered Agent, the company’s contact information, and the process for receiving legal notices, among other details.

Step 2: Review the Changes You Made in the Articles of Incorporation

The subsequent step involves reviewing the changes. The New Hampshire Secretary of State may request additional supporting documents based on the modifications made to your corporation. After finalizing the changes, you can proceed to draft the New Hampshire corporate amendment. Consult with the SOS to determine if any other documents need to be submitted. For instance, if you are changing the business name, you might be required to submit a name change/reservation form along with the New Hampshire Corporate Amendment form.

What Can Be Changed in Articles of Incorporation

It is not easy to change things in your business. Besides, there are some restrictions in changing things in your corporation in New Hampshire. There are things you can change, but there are things that you cannot change. I have mentioned a few points in this article that you can change above, such as the name, statement of purpose, and the number of shares issued. Now, there are things that you cannot change in the Articles of Incorporation.

What Can not Be Changed in New Hampshire Corporate Amendment?

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If you started a corporation in New Hampshire, you must initially have appointed a Registered Agent. You cannot change the initial registered agent in the Articles of Incorporation Corporate Amendment. You can change it using other methods and forms available in the New Hampshire SOS.

Another point is the initial mailing address of your corporation cannot be changed in the New Hampshire Corporate Amendment. In this case, you can change it through other methods requiring different forms.

The third point is the initial directors who formed the corporation in New Hampshire. The details of the initial directors cannot be changed in the New Hampshire Corporate Amendment. There is no other way to change the directors’ details.

Step 3: File the New Hampshire Corporate Amendment

Finally, file the New Hampshire Corporate Amendment with the Secretary of State by the methods (online or offline) available. You must go through the filing process mentioned on the SOS official website before you start the filing process. You must pay the state fees for filing the New Hampshire Corporate Amendment.

If you are in New Hampshire and have formed an LLC, you must file the Certificate of Amendment in New Hampshire with the SOS if you make any changes to the limited liability company.

Why Amend Articles of Incorporation in New Hampshire?

There can be several reasons why you make changes to your corporation. A business runs based on diverse components. From economic conditions to internal structures (shareholders and directors), the corporation can change many times in its life based on external or internal reasons.

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Change of New Hampshire Corporation Name: The name of the corporation does not often change because it is the primary identity of any business. Sometimes, a spelling or the entire name requires to be changed for many reasons. In that case, the corporation has to file the amendment with the SOS mentioning the old and new names. They have to submit the business name change form with the amendment form.

Change of Statement of Purpose: This is a document where you explain the purpose of your corporation. The purpose says that you are involved in legal and lawful activities through your business. If you are having a nonprofit, you must have a community purpose. If you change that purpose, you must file the amendment. If you change the nature of the business or the purpose of the corporation overall, then you must file an amendment.

Change in Numbers of Stocks and Shares: Finally, if you change the number of shares or stock issues in your company, then you must amend it. It can be reduced or increased if you decide to remove or add a shareholder/partner to the corporation. In that case, it must be amended with the SOS.

Penalties for Not Filing the Amendment in New Hampshire

Now, one question arises when we talk about filing the amendment what happens if you don’t amend the New Hampshire Articles of Incorporation? The answer is simple. You might have to pay heavy penalties if you do not file it. Besides, you may lose existing clients as they may not be interested in continuing to work with your company.

They might cancel the existing contract; you might lose the bank loan or advance opportunities, or you may lose the business bank accounts for not complying with the amendment filing requirements. Hence, it is highly recommended to amend the New Hampshire Articles of Incorporation.

FAQs

What is the process for amending New Hampshire Articles of Incorporation?

To amend the Articles of Incorporation in New Hampshire, you must file Articles of Amendment with the Secretary of State.

Can an amendment to New Hampshire Articles of Incorporation be filed online?

Yes, the New Hampshire Secretary of State provides an online filing system for submitting amendments to Articles of Incorporation.

Are there any restrictions on what can be amended in New Hampshire Articles of Incorporation?

Yes, amendments cannot contradict the original Articles of Incorporation in New Hampshire or the state’s laws.

How much does it cost to amend New Hampshire Articles of Incorporation?

The filing fee for amending Articles of Incorporation in New Hampshire is $35.

What information is required to be included in the Articles of Amendment for New Hampshire Articles of Incorporation?

The Articles of Amendment must include the name of the corporation, the date the original Articles were filed, the amendment being made, and any provisions being added.

How long does it take to process an amendment to New Hampshire Articles of Incorporation?

Amendments to Articles of Incorporation in New Hampshire are usually processed within 5-7 business days.

Can amendments to New Hampshire Articles of Incorporation be made by the board of directors?

Yes, amendments can be proposed by the board of directors and voted on by shareholders in New Hampshire.

Is it necessary to notify shareholders of amendments to New Hampshire Articles of Incorporation?

Yes, shareholders must be notified of any proposed amendments to Articles of Incorporation in New Hampshire.

Are amendments to New Hampshire Articles of Incorporation public record?

Yes, once filed with the Secretary of State, amendments to Articles of Incorporation become public record in New Hampshire.

Can the purpose of a corporation be amended in New Hampshire?

Yes, the purpose of a corporation can be amended in Articles of Incorporation in New Hampshire.

What is the deadline for filing an amendment to New Hampshire Articles of Incorporation?

There is no specific deadline for filing an amendment to Articles of Incorporation in New Hampshire.

Can the registered agent for a corporation be changed in an amendment to New Hampshire Articles of Incorporation?

Yes, the registered agent for a corporation can be changed in an amendment to Articles of Incorporation in New Hampshire.

Will amending New Hampshire Articles of Incorporation affect the corporation’s tax status?

It is possible that amending Articles of Incorporation in New Hampshire could impact the corporation’s tax status. It is recommended to consult with a tax professional.

Can the number of directors be amended in New Hampshire Articles of Incorporation?

Yes, the number of directors can be amended in Articles of Incorporation in New Hampshire.

Is it necessary to hold a formal meeting to amend New Hampshire Articles of Incorporation?

Yes, a formal meeting of the board of directors or shareholders may be required to approve amendments to Articles of Incorporation in New Hampshire.

Can the name of a corporation be changed in an amendment to New Hampshire Articles of Incorporation?

Yes, the name of a corporation can be changed in an amendment to Articles of Incorporation in New Hampshire.

Are there any restrictions on changing the name of a corporation in New Hampshire Articles of Incorporation?

The new name cannot be the same as or confusingly similar to an existing corporation in New Hampshire.

Can the duration of a corporation be changed in an amendment to New Hampshire Articles of Incorporation?

Yes, the duration of a corporation can be changed from a specific term to perpetual in an amendment to Articles of Incorporation in New Hampshire.

Can the dividend distribution policy of a corporation be changed in an amendment to New Hampshire Articles of Incorporation?

Yes, the dividend distribution policy can be changed in an amendment to Articles of Incorporation in New Hampshire.

Are there any restrictions on the dividend distribution policy that can be set in New Hampshire Articles of Incorporation?

It must comply with New Hampshire corporate law regarding distributions to shareholders.

Can the voting rights of shareholders be changed in an amendment to New Hampshire Articles of Incorporation?

Yes, amendments to Articles of Incorporation in New Hampshire can modify the voting rights of shareholders.

Can the limitation of liability for directors and officers be changed in an amendment to New Hampshire Articles of Incorporation?

Yes, the limitation of liability provisions for directors and officers can be changed in an amendment to Articles of Incorporation in New Hampshire.

Can the bylaws of a corporation be amended in an amendment to New Hampshire Articles of Incorporation?

No, amendments to the bylaws of a corporation must be done separately from amending the Articles of Incorporation in New Hampshire.

Can the record-keeping requirements for a corporation be changed in an amendment to New Hampshire Articles of Incorporation?

Yes, record-keeping requirements can be modified in an amendment to Articles of Incorporation in New Hampshire.

Can the principal office address of a corporation be changed in an amendment to New Hampshire Articles of Incorporation?

Yes, the principal address of a corporation can be changed in an amendment to Articles of Incorporation in New Hampshire.

Can the authorized shares of stock be increased in an amendment to New Hampshire Articles of Incorporation?

Yes, the authorized shares of stock can be increased in an amendment to Articles of Incorporation in New Hampshire.

Can the par value of shares of stock be changed in an amendment to New Hampshire Articles of Incorporation?

Yes, the par value of shares of stock can be changed in an amendment to Articles of Incorporation in New Hampshire.

Can the purpose of a corporation be expanded in an amendment to New Hampshire Articles of Incorporation?

Yes, the purpose of a corporation can be expanded to include additional activities in an amendment to Articles of Incorporation in New Hampshire.

Can the dissolution provisions of a corporation be changed in an amendment to New Hampshire Articles of Incorporation?

Yes, the dissolution provisions can be amended in Articles of Incorporation in New Hampshire.

Can the method of noticing meetings be updated in an amendment to New Hampshire Articles of Incorporation?

Yes, the method of noticing meetings can be updated in an amendment to Articles of Incorporation in New Hampshire.

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In Conclusion

Amending the New Hampshire Articles of Incorporation may not involve numerous steps, but the process can be more complex than it appears. It’s crucial to carefully consider any changes to ensure they do not negatively impact your business or client relationships. Before proceeding with modifications and amendments, it is advisable to consult with an attorney or legal professional for guidance.

Due to the complicated structure, forming a corporation in New Hampshire might be difficult. However, after forming the corporation, managing it seems to be more difficult for many people. A frequent change may or may not occur. But, every time you make a change, you must file the amendment with New Hampshire SOS. It is also suggested that you do not make changes frequently as it may affect your brand in a reverse way.