New Hampshire Corporation Foreign Authority PDF

Quick answer

What is Form 40 used for?

Use Form 40 when an existing foreign for-profit corporation formed outside New Hampshire needs authority to transact business there. The application does not create a replacement entity or move the home jurisdiction. It adds a New Hampshire qualification record supported by the entity’s existing formation and status documents.

Use this form when

The entity already exists in another U.S. state or country, its business activity has been reviewed for New Hampshire qualification, its home record is active, and an authorized person can support every name, date, office, agent, and governance statement.

Do not use it for

Do not use this application to form a brand-new New Hampshire entity, reserve a name, register only a trademark, file an annual report, change an existing authority record, or decide whether the entity’s activity legally counts as transacting business.

Form 40 states that the corporation is in good standing with its home filing agency. Reconcile that statement, all name variants, and the officer/director list with current corporate records before signing.

What to prepare before filling Form 40

Prepare a corporation qualification binder containing the charter history, current status certificate, name analysis, registered-agent appointment, principal offices, officer and director roster, in-state activity dates, and the board or officer authorization for the foreign filing.

Name evidence for the corporation's exact and elected New Hampshire names, including the exact spelling, punctuation, and entity designator approved for use.
Agent consent and address evidence for principal office and mailing addresses, checked against the official state record or the agent’s written instructions.
Authoritative records for incorporation jurisdiction, date, and duration; do not copy an old marketing page or an unapproved draft.
A controlled source sheet covering New Hampshire registered agent and office and showing who approved each value.
Supporting information for New Hampshire purpose, with roles and authority kept separate even when one person serves in several roles.
Execution and return-delivery details for officer and director details with authorized signature, plus the filed home-jurisdiction formation document and a current certificate of existence, good standing, or status when the instructions require one.

How to complete the fillable PDF reliably

1. Confirm the form and transaction

Make sure Form 40 is the for-profit foreign-corporation application accepted by New Hampshire. Exclude nonprofit, professional, fiduciary, name-registration, domestication, and withdrawal forms, and verify whether the state requires tax consent or a recently issued certificate.

2. Resolve the name and registered agent

Review New Hampshire name availability and use a legally permitted designator. Foreign entities should keep the home-jurisdiction name exact and complete the elected New Hampshire name only when the form and availability result require it. A New Hampshire registered agent and a New Hampshire physical registered office are required. The office must be a place where the agent can be found for in-hand service, so an out-of-state or mailbox-only address is not a substitute.

3. Fill a downloaded working copy

Reconcile the government PDF against corporate records in two passes. First lock the incorporated name, jurisdiction, date, duration, and status. Then verify the New Hampshire name, agent, offices, business purpose, directors, officers, transaction date, and execution block before producing a clean print copy.

4. Separate completion from authorization

Obtain review from the officer, director, or other person the application permits to sign. The signer should see every attachment and certification, including agent consent and good-standing statements. Filing-service instructions can guide delivery but do not replace a corporate resolution or title-based authority.

Form-specific walkthrough

How to review the key fields on Form 40

The labels below follow the facts emphasized by this particular official form. They are review controls, not suggested answers. Use the company record named in each explanation and leave a decision unresolved until an authorized source supports it.

Field group 1

the corporation's exact and elected New Hampshire names

Verify the corporation's exact and elected New Hampshire names from the corporation's certified home record before opening Form 40. A foreign corporation may use an assumed or elected New Hampshire name when required, but that public-facing name does not replace the incorporated name. Present both names in their assigned fields and use the same pairing on attachments, payment references, and internal qualification records.

Field group 2

principal office and mailing addresses

For principal office and mailing addresses, obtain an appointment record that satisfies New Hampshire on the submission date. The foreign corporation's headquarters, records office, and registered office serve different functions; label each address before transferring values into Form 40. Check for a required agent acceptance and make sure an agent company is entered in the organization field rather than split into individual-name boxes.

Field group 3

incorporation jurisdiction, date, and duration

Tie incorporation jurisdiction, date, and duration to the corporation's charter history and current certificate of existence or good standing. When Form 40 asks for jurisdiction, incorporation date, duration, shares, or status, the answers should match authoritative corporate records. Escalate a mismatch caused by merger, continuance, reinstatement, or name change instead of editing the certificate or shortening the answer to fit.

Field group 4

New Hampshire registered agent and office

Prepare New Hampshire registered agent and office from a current officer-and-director roster approved for the New Hampshire qualification. Corporate titles matter: chair, president, secretary, treasurer, director, incorporator, and authorized person are not automatic synonyms on Form 40. Verify business addresses and current roles, and do not use an old annual report simply because it already presents the data in a convenient table.

Field group 5

New Hampshire purpose

Analyze New Hampshire purpose as a corporation-specific representation in Form 40. Purpose, first transaction date, principal office, elected name, and signer authority can each require a different source. Make a one-line evidence note beside each answer in the working copy, then remove comments before filing. That record lets the corporation explain the submitted statement without putting internal deliberations on the public form.

Field group 6

officer and director details with authorized signature

Route officer and director details with authorized signature to the officer, director, or duly authorized person permitted by Form 40. Confirm that person can make every good-standing, consent, and accuracy statement included above the signature. Assemble the signed application, status evidence, tax consent if applicable, and payment as one version-controlled packet, then reconcile the New Hampshire acknowledgement with that packet after acceptance.

Critical New Hampshire rejection checks

01
Review New Hampshire name availability and use a legally permitted designator. Foreign entities should keep the home-jurisdiction name exact and complete the elected New Hampshire name only when the form and availability result require it.
02
A New Hampshire registered agent and a New Hampshire physical registered office are required. The office must be a place where the agent can be found for in-hand service, so an out-of-state or mailbox-only address is not a substitute.
03
Form 40 states that the corporation is in good standing with its home filing agency. Reconcile that statement, all name variants, and the officer/director list with current corporate records before signing.
04
Compare the foreign corporation's charter name, assumed name, jurisdiction, date, status evidence, agent, officers, directors, and transaction facts across Form 40. Resolve a corporate-history mismatch before filing it as a public statement.
05
Inspect the saved and printed Form 40 for clipped officer names, titles, addresses, dates, purpose text, share facts, and attachment references. Make every intentionally blank field defensible under the current instructions.
06
Route execution to the officer, director, or authorized person permitted by New Hampshire. A registered agent, incorporator from the original formation, or outside filing service cannot sign merely because that party appears elsewhere in the qualification packet.

Public-record check

The Corporation Division warns that filed documents are public records. Review business email, phone, member, manager, officer, director, and address entries before submission and exclude unrelated private information.

How to file Form 40

Mail one signed original with the required home-jurisdiction certificate and current payment, or use the state's online filing path. Review the certificate requirement and paper address on the latest Corporation Division page.

The Corporation Division states that paper forms can be filled on screen, printed on 8.5-by-11-inch paper, signed, and mailed as one original. NH QuickStart is the separate electronic route and adds the state’s electronic handling charge.

Assemble the signed application, current home-jurisdiction certificate, any required tax consent, cover information, and payment under the latest New Hampshire instructions. Record the document count, certificate date, delivery tracking, and return contact in the corporation's qualification log.

What happens after the filing?

Keep the filed-stamped acknowledgement, complete tax and internal governance setup, and calendar the New Hampshire annual report. Maintain the registered office and monitor the business email used for courtesy reminders.

Store the authority evidence with the board authorization and filed application. Verify the New Hampshire public record, coordinate tax and licensing registrations, calendar recurring reports, and keep the registered agent and home corporation in good standing throughout the qualification.

Official New Hampshire PDF and filing guidance

Form 40 fillable PDF New Hampshire Secretary of State, Corporation Division instructions and forms

Clerks AI PDF skill

Map company records into Form 40

Clerks AI can compare Form 40 with the corporation's charter, status evidence, roster, agent record, and qualification approval, then populate supported PDF fields for review. It does not decide transaction thresholds, corporate authority, tax consent, signatures, or filing strategy.

Get the AI PDF filling skill

Form 40 fillable PDF FAQ

Is this New Hampshire PDF actually fillable?

Yes. Official PDF exposes Print and Reset controls, and the Division lists it as fillable before printing. The link points to the government-hosted file reviewed on August 24, 2026. Download a fresh copy before each filing because the agency can replace a PDF without preserving its old edition.

Does fillable mean I can email the completed PDF?

No. An interactive field only lets you type before printing or submitting by an authorized route. Follow New Hampshire Secretary of State, Corporation Division instructions for mail, delivery, or the state’s separate online portal. Never assume an ordinary email or portal attachment creates a filing.

Is the registered agent the company owner?

Not necessarily. The registered agent is the person or eligible organization designated to receive official service and notices at the required in-state office. An owner may qualify in some states, but ownership alone does not satisfy consent, residency, eligibility, or physical-address rules.

Can a registered agent or filing service choose my answers?

A service may provide filing logistics and type facts you authorize, but capital structure, management, purpose, effective date, signer authority, and the decision to qualify are business or legal decisions. Supply approved records and obtain professional advice for questions the form instructions do not resolve.

Related company filing form guides

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Primary sources: the New Hampshire Secretary of State, Corporation Division forms page and the official Form 40 PDF. Independent guide by Clerks AI; not affiliated with New Hampshire Secretary of State, Corporation Division, not a registered-agent service, and not legal or tax advice.

Last researched August 24, 2026. Recheck the official PDF, filing instructions, fees, addresses, certificate requirements, and deadlines immediately before submission.

Form 40 fillable PDF: Application for Certificate of Authority of a Foreign Corporation