How to Reinstate a New Hampshire LLC

Why New Hampshire Would Dissolve an LLC

New Hampshire can dissolve an LLC that, for 2 consecutive years, does not deliver its annual report or pay its annual report fees within 60 days after they are due. It can also dissolve an LLC that is without a registered agent or registered office for 60 days, does not report a change or resignation of its agent within 60 days, or whose stated period of duration expires.

An LLC becomes subject to dissolution once, for 2 consecutive years, its annual report or annual report fees are more than 60 days late, or once it has gone 60 days without a registered agent or registered office. The Secretary of State then dissolves it by mailing a notice of dissolution that states the effective date.

How Long You Have to Reinstate

An LLC can apply for reinstatement within 3 years after the effective date of dissolution. After 3 years it can apply for late reinstatement, which requires publishing a notice of the application and paying a higher fee.

How to File

You file an application for reinstatement with the New Hampshire Secretary of State.

What It Costs

The fee is $135 for an application for reinstatement within 3 years after dissolution, and $500 for an application for late reinstatement after that.

The application must state that each ground for dissolution either did not exist or has been eliminated, such as overdue annual reports and their fees and penalties, or a missing registered agent or registered office.

New Hampshire may require a tax clearance from the New Hampshire Department of Revenue Administration. The application must include a certificate from the Department of Revenue Administration that the LLC is in good standing if the Secretary of State receives it more than 120 days after the notice of dissolution was mailed.

Registered Agent Options

If your LLC's registered agent has changed, resigned or lapsed, ask the filing office named above whether New Hampshirewants that updated as part of reinstatement. You do not have to buy a service for it: in most states the LLC's owner, or another individual who qualifies, may serve as its registered agent themselves, generally subject to that state's rules on keeping a street address in the state and being available there during normal business hours. A paid service is one option and not the only one. The New Hampshire registered agent requirements set out what New Hampshire itself asks.

What Reinstatement Does

Under New Hampshire's law, a reinstated LLC continues as if it had never been administratively dissolved.

For 120 days after the notice of dissolution is mailed, the Secretary of State will not let anyone else take the same or a similar name without the LLC's written consent. After that, the LLC is reinstated under its name only if the name is still available, and otherwise under a new name.

More for New Hampshire LLCs

• New Hampshire LLC annual report, to keep the LLC in good standing once it is reinstated.
• New Hampshire annual report late fee, for what a late report costs before it comes to dissolution.
• New Hampshire certificate of good standing, to prove the LLC is active again.
• How to dissolve an LLC in New Hampshire, if you would rather close the LLC properly than reinstate it.
• Annual report deadline finder, to see when the next report is due.