Foreign registration · Form 40

Delaware Corporation Foreign Registration in New Hampshire

A corporation formed in Delaware that wants to do business in New Hampshire files Form 40, with $102 in state fees. New Hampshire may ask for Delaware's Certificate of Good Standing ($50). We file it with the Secretary of State, Corporation Division from your Delaware records, then serve as your registered agent there for year one.

Delaware and New Hampshire side by side

	Delaware formed here	New Hampshire registering here
Document	Delaware Certificate of Good Standing	Form 40, Application for Certificate of Authority for Profit Foreign Corporation
State fee	$50	$102 at order (filing fee $100 plus charges collected at filing)
How it is handled	Delaware: through the Division of Corporations request service, sent by first-class mail unless a FedEx or UPS account is supplied	Filed with New Hampshire
Office	Delaware Department of State, Division of Corporations	New Hampshire Secretary of State, Corporation Division
Official page	corp.delaware.gov	sos.nh.gov
Yearly filing	Annual Franchise Tax Report, $50, every year	Annual Report, $100, every year
Due	March 1	April 1
Late yearly filing	$200 late fee	$50 late fee
Agent	Your Delaware registered agent	Our New Hampshire registered agent

How Delaware companies register with New Hampshire

We prepare and file Form 40
It lists us as your New Hampshire registered agent, next to your Delaware name and formation date. If New Hampshire wants the Delaware certificate, it is ordered first. After approval, your Delaware corporation is registered with New Hampshire.

Your Delaware name and New Hampshire's rules

We search New Hampshire's records for Delaware's name on file before anything is filed.

Agents: New Hampshire and Delaware

Delaware and New Hampshire both call it a registered agent. New Hampshire papers come to us; Delaware's agent is unchanged.

Staying in good standing in Delaware and New Hampshire

Each year your corporation files Delaware's Annual Franchise Tax Report ($50) and New Hampshire's Annual Report ($100). With our $149 registered agent renewal, Delaware plus New Hampshire comes to $299 a year. Both states' filings stay current side by side.

LLC or corporation, Delaware to New Hampshire

An LLC formed in Delaware files Form FLLC-1 with New Hampshire ($102 in state fees, the same; no home-state certificate is needed). After that come Delaware's Annual LLC Tax ($400) and New Hampshire's Annual Report ($100). See the LLC filing.

Registering a New Hampshire company in Delaware

A corporation formed in New Hampshire that registers with Delaware files Delaware's registration (no form number) with $245 in state fees. See that filing.

Common questions: Delaware to New Hampshire

Does my Delaware company need to register in New Hampshire?

Yes, once a Delaware business operates there; New Hampshire registers it as a foreign corporation.

Is this a certificate of authority?

Yes: New Hampshire issues one to Delaware corporations once the form is approved.

How much does the New Hampshire registration cost?

$301 at checkout; New Hampshire may also want Delaware's Certificate of Good Standing, at extra cost.

What are the yearly costs for Delaware and New Hampshire?

$299 a year: our $149 registered agent renewal, $50 to Delaware and $100 to New Hampshire for the yearly reports.

What if I don't register with New Hampshire?

A Delaware company cannot sue in court there until it registers.

Does New Hampshire require a registered agent?

Yes: the Delaware registered agent stays, and ours covers New Hampshire for year one.

Can I form a new New Hampshire corporation instead?

Yes, but Delaware keeps the original, so you run two companies: the new one files New Hampshire's Annual Report ($100), and the original keeps Delaware's Annual Franchise Tax Report.

How do I withdraw from New Hampshire later?

Delaware companies leave by filing an Application for Certificate of Withdrawal of a For-Profit Foreign Corporation; until then, New Hampshire's report stays due alongside Delaware's filings.

Official sources

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