Whether we’re talking weather, vacations, or bags of potato chips, all good things must come to an end, and that includes registered agent duties. There are numerous reasons you might need to give up your New Hampshire registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
While the consequences are serious, resignation from a New Hampshire LLC is easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Time Saving Hack: You can resign as registered agent, get all state paperwork taken care of and have a replacement agent when you hire an online registered agent service.
Notifying the New Hampshire LLC
It’s not mandatory to notify your LLC before resigning. In fact, it’s not mandatory to notify them at all. When you submit your statement of resignation with the Secretary of State, they will mail a copy to your company. Even though it isn’t required, it can be helpful to let your LLC know in advance. This will give the company ample time to plan for a registered agent change and avoid penalties for operating without one.
It will also allow you and your colleagues to facilitate a smooth transition. Your name stays on record as registered agent for 31 days after you resign unless the LLC appoints a replacement sooner. If you reach out beforehand, they can have a successor lined up so that you can pass off your duties right away.
Submitting Your Resignation
While the process is fairly straightforward, resigning from your registered agent role isn’t quite as simple as saying “I resign.” You must submit an formal statement of resignation with the state. New Hampshire doesn’t have an official resignation form, so you’ll need to create your own. Fortunately, there are only a few pieces of information to include, so it shouldn’t take too long. When drafting your statement, make sure to include:
- The LLC name
- Your name
- Your address
- A statement of your resignation
- Your signature
And that’s all you need. There’s no fee, so as soon as your draft is complete, you’re ready to send it off. If your LLC is domestic, you’ll submit the original plus one copy, if it’s foreign, the original plus two copies. Send your document to:
New Hampshire Department of State
107 North Main St.
Concord, NH 03301-4989
Live near Concord? You’re also welcome to drop them off in person at the State House Annex, Room 317, 25 Capitol St, Concord, NH 03301.
As mentioned earlier, your resignation will not take effect until 31 days after you submit it unless your LLC brings on your replacement sooner. So don’t skip town right away – you may still receive service of process for up to one month after you resign.
Handing off Your Responsibilities
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. After your resignation has officially taken effect, your LLC has 60 days to change its registered agent. Any business entity that spends more than 60 days without a valid agent will be administratively dissolved by the state.
But they can’t appoint just anyone. Your replacement must meet New Hampshire’s registered agent requirements. They must:
- Be an individual resident of New Hampshire or a corporation authorized to do business in the state
- Have a physical New Hampshire address (P.O. boxes aren’t allowed)
- Have a mailing address in New Hampshire
- Be authorized to conduct business in New Hampshire, if a foreign entity
- Be available at the registered office address to receive mail and service of process during regular business hours
An LLC is allowed to appoint one of its members as its agent. In fact, an owner can even appoint a friend or family member as long as they meet the requirements above. However, sometimes it can save a lot of time and stress to hire a professional service instead.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your New Hampshire LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in New Hampshire or something completely different.