Foreign registration · Form 40

South Dakota Corporation Foreign Registration in New Hampshire

To do business in New Hampshire, a corporation formed in South Dakota registers there on Form 40, with $102 in state fees. New Hampshire may ask for South Dakota's Certificate of Good Standing/Existence ($20). We file it with the Secretary of State, Corporation Division using your South Dakota records and act as your registered agent there for the first year.

What South Dakota and New Hampshire each ask for

	South Dakota formed here	New Hampshire registering here
Document	South Dakota Certificate of Good Standing/Existence	Form 40, Application for Certificate of Authority for Profit Foreign Corporation
State fee	$20	$102 at order (filing fee $100 plus charges collected at filing)
How it is handled	South Dakota: online	Filed with New Hampshire
Office	South Dakota Secretary of State	New Hampshire Secretary of State, Corporation Division
Official page	sosenterprise.sd.gov	sos.nh.gov
Yearly filing	Annual Report, fee set by the state, every year	Annual Report, $100, every year
Due	By the first day of the registration anniversary month each year (form opens that day	April 1
Late yearly filing	$50 late fee	$50 late fee
Agent	Your South Dakota registered agent	Our New Hampshire registered agent

From South Dakota to New Hampshire, step by step

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

Will your South Dakota name work for New Hampshire?

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

Agents: New Hampshire and South Dakota

South Dakota and New Hampshire both call it a registered agent. Your current registered agent stays for South Dakota; ours takes New Hampshire's papers and notices.

Staying in good standing in South Dakota and New Hampshire

South Dakota wants the Annual Report every year; New Hampshire wants the Annual Report every year ($100). Both states' filings stay current side by side.

LLC or corporation, South Dakota to New Hampshire

An LLC formed in South Dakota files Form FLLC-1 with New Hampshire ($102 in state fees, the same; no home-state certificate is needed). After that come South Dakota's Annual Report ($55) and New Hampshire's Annual Report ($100). See the LLC filing.

Registering a New Hampshire company in South Dakota

A corporation formed in New Hampshire that registers with South Dakota files South Dakota's registration (no form number) with $750 in state fees, plus the Certificate of Good Standing ($5). See that filing.

Questions South Dakota owners ask about New Hampshire

Does my South Dakota company need to register in New Hampshire?

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

Is this a certificate of authority?

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

How much does it cost to register a South Dakota corporation in New Hampshire?

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

What are the yearly costs for South Dakota and New Hampshire?

Our registered agent renewal ($149 a year), South Dakota's report (fee set by the state) and New Hampshire's report ($100).

What if I don't register with New Hampshire?

A South Dakota company cannot sue in court there until it registers.

Does New Hampshire require a registered agent?

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

Can I form a new New Hampshire corporation instead?

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

How do I withdraw from New Hampshire later?

South Dakota 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 South Dakota's filings.

Official sources

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