RSA 5:15-c · Appointment of Agent for Service of Process by Voluntary Corporations and Nonfiling Entities

5:15-c Appointment of Agent for Service of Process by Voluntary Corporations and Nonfiling Entities. –

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I.

A domestic entity that is not a filing entity, entities formed under RSA 292, or a nonqualified foreign entity may file with the secretary of state a statement appointing an agent for service of process signed on behalf of the entity which states:

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(a)

The name, type, and jurisdiction of organization of the represented entity;

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(b)

The name of the agent, the agent's mailing address, and agent's physical street address in this state; and

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(c)

An affirmation by the represented entity that the agent has consented to serve as such.

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II.

A statement appointing an agent for service of process shall take effect on the date of filing.

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III.

The appointment of a registered agent under this section does not qualify a nonqualified foreign entity to do business in this state and is not sufficient alone to create personal jurisdiction over the nonqualified foreign entity in this state.

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IV.

A statement appointing an agent for service of process may not be rejected for filing because the name of the entity filing the statement is not legally distinguishable on the records of the secretary of state from the name of another entity appearing in those records. The filing of a statement appointing an agent for service of process does not make the name of the entity filing the statement unavailable for use by another entity.

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V.

An entity that has filed a statement appointing an agent for service of process may cancel the statement by filing a statement of cancellation, which shall take effect upon filing, and must state the name of the entity and that the entity is canceling its appointment of an agent for service of process in this state. A statement appointing an agent for service of process which has not been cancelled earlier is effective for a period of 5 years after the date of filing.

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VI.

A statement appointing an agent for service of process for a nonqualified foreign entity terminates automatically on the date the entity becomes a qualified foreign entity.

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VII.

A registered agent may resign at any time with respect to a represented entity by filing with the secretary of state a statement of resignation signed by or on behalf of the agent which states:

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(a)

The name of the entity;

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(b)

The name of the agent;

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(c)

That the agent resigns from serving as agent for service of process for the entity; and

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(d)

A statement that the agent has provided written notice of the resignation.

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VIII.

A statement of resignation takes effect on the earlier of the 31st day after the day on which it is filed or the appointment of a new registered agent for the represented entity.

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IX.

The registered agent shall promptly furnish the represented entity with notice in a record of the date on which a statement of resignation was filed.

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X.

The fee for filing a statement of appointment of agent shall be $15. There shall be no fee to file a statement of resignation of agent. Source. 2023, 170:1, eff. Nov. 1, 2023.

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