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Foreign registration · Form 40

West Virginia Corporation Foreign Registration in New Hampshire

New Hampshire registers a corporation from West Virginia as a foreign corporation on Form 40, with $102 in state fees. New Hampshire may ask for West Virginia's Certificate of Existence ($10). We file it with the Secretary of State, Corporation Division from your West Virginia records, then serve as your registered agent there for year one.

West Virginia vs New Hampshire: the paperwork

West Virginia
formed here
New Hampshire
registering here
DocumentWest Virginia Certificate of ExistenceForm 40, Application for Certificate of Authority for Profit Foreign Corporation
State fee$10$102 at order (filing fee $100 plus charges collected at filing)
How it is handledWest Virginia: in about 5 to 10 business days, with 24-hour, 2-hour and 1-hour expedite optionsFiled with New Hampshire
OfficeWest Virginia Secretary of State, Business & Licensing DivisionNew Hampshire Secretary of State, Corporation Division
Official pagesos.wv.govsos.nh.gov
Yearly filingAnnual Report, $25, every two yearsAnnual Report, $100, every year
DueJuly 1 each yearApril 1
Late yearly filing$50 late fee$50 late fee
AgentYour West Virginia agent for service of processOur New Hampshire registered agent

How West Virginia companies register with New Hampshire

  1. We prepare and file Form 40

    It names us as your New Hampshire registered agent, with your West Virginia name and formation date. If New Hampshire wants the West Virginia certificate, it is ordered first. After approval, your West Virginia corporation is registered with New Hampshire.

Will your West Virginia name work for New Hampshire?

We check your exact West Virginia name against New Hampshire's records before filing.

Your New Hampshire agent and the West Virginia one

New Hampshire calls it a registered agent; West Virginia says agent for service of process. Your current agent for service of process stays for West Virginia; ours takes New Hampshire's papers and notices.

Yearly filings: New Hampshire and West Virginia

West Virginia wants the Annual Report every two years ($25); New Hampshire wants the Annual Report every year ($100). The new registration does not replace any home-state filing.

LLC or corporation, West Virginia to New Hampshire

An LLC formed in West Virginia files Form FLLC-1 with New Hampshire ($102 in state fees, the same; no home-state certificate is needed). After that come West Virginia's Annual Report ($26) and New Hampshire's Annual Report ($100). See the LLC filing.

The other way: New Hampshire into West Virginia

A corporation formed in New Hampshire that registers with West Virginia files Form CF-1 with $101 in state fees. See that filing.

Common questions: West Virginia to New Hampshire

Does my West Virginia company need to register in New Hampshire?

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

Is this a certificate of authority?

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

How much does the New Hampshire registration cost?

$301 at checkout; New Hampshire may also want West Virginia's Certificate of Existence, at extra cost.

What are the yearly costs for West Virginia and New Hampshire?

Our registered agent renewal ($149 a year), West Virginia's report ($25, every two years) and New Hampshire's report ($100).

What if I don't register with New Hampshire?

A West Virginia company cannot sue in court there until it registers.

Does New Hampshire require a registered agent?

Yes: the West Virginia agent for service of process stays, and ours covers New Hampshire for year one.

Can I form a new New Hampshire corporation instead?

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

How do I withdraw from New Hampshire later?

West Virginia 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 West Virginia's filings.

Official sources

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