New Hampshire Revised Statutes 304-C:28 – Requirements for Filing of Documents Under This Act
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In addition to any other provisions in this act that govern documents filed with the secretary of state, the following rules shall apply to these documents:
I. A document that satisfies the requirements of this section and of any other statute that adds to or varies these requirements, shall be entitled to filing by the secretary of state.
II. The document shall contain the information required by this act. It may contain other information as well.
III. The document shall be typewritten or printed.
IV. The document shall be in the English language. However, a limited liability company name need not be in English if written in English letters or Arabic or Roman numerals.
V. Except as otherwise specifically provided in this act, the document shall be signed:
(a) By a manager of a limited liability company that has a manager;
(b) By a member of a limited liability company that does not have a manager;
(c) If the limited liability company is in the hands of a receiver, executor, or other court appointed fiduciary, trustee, or other fiduciary, by that fiduciary; or
(d) Unless the operating agreement provides otherwise, by any authorized person, including an attorney-in-fact. An authorization, including a power of attorney, need not be in writing, need not be sworn to, verified, or acknowledged, and need not be filed in the office of the secretary of state, but if in writing, must be retained by the limited liability company or authorized person.
VI. The person signing the document shall sign it and state beneath or opposite the person’s signature his or her name and the capacity in which the person signs. Signature under N.H. Rev. Stat. § 294-E:9 shall be sufficient to satisfy this requirement.
VII. The document shall be delivered to the office of the secretary of state for filing and shall be accompanied by the correct fee and any penalty required by this act or other law.
VIII. Documents filed electronically must be accompanied by the correct filing fee, and any franchise tax, license fee, or penalty required by this act or other law.
I. A document that satisfies the requirements of this section and of any other statute that adds to or varies these requirements, shall be entitled to filing by the secretary of state.
Terms Used In New Hampshire Revised Statutes 304-C:28
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Statute: A law passed by a legislature.
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
- Trustee: A person or institution holding and administering property in trust.
II. The document shall contain the information required by this act. It may contain other information as well.
III. The document shall be typewritten or printed.
IV. The document shall be in the English language. However, a limited liability company name need not be in English if written in English letters or Arabic or Roman numerals.
V. Except as otherwise specifically provided in this act, the document shall be signed:
(a) By a manager of a limited liability company that has a manager;
(b) By a member of a limited liability company that does not have a manager;
(c) If the limited liability company is in the hands of a receiver, executor, or other court appointed fiduciary, trustee, or other fiduciary, by that fiduciary; or
(d) Unless the operating agreement provides otherwise, by any authorized person, including an attorney-in-fact. An authorization, including a power of attorney, need not be in writing, need not be sworn to, verified, or acknowledged, and need not be filed in the office of the secretary of state, but if in writing, must be retained by the limited liability company or authorized person.
VI. The person signing the document shall sign it and state beneath or opposite the person’s signature his or her name and the capacity in which the person signs. Signature under N.H. Rev. Stat. § 294-E:9 shall be sufficient to satisfy this requirement.
VII. The document shall be delivered to the office of the secretary of state for filing and shall be accompanied by the correct fee and any penalty required by this act or other law.
VIII. Documents filed electronically must be accompanied by the correct filing fee, and any franchise tax, license fee, or penalty required by this act or other law.