Last Updated 06 September 2017 | By:

How To Form a 501(c)(3) Nonprofit In New Hampshire

How to Use this Guide

Use the guide below to form a 501(c)(3) nonprofit in New Hampshire. Keep in mind that the process requires forming a nonprofit corporation and getting tax-exempt status with the IRS.

Since the overall process is extremely complex, we highly recommend consulting with an attorney or using a service like Harbor Compliance for personalized top-to-bottom nonprofit formation and obtaining IRS 501(c)(3) status.

Step 1) Secure Your Nonprofit Name

Choose a Business NameOkay, so this first step can be really easy if you already have a distinguishable name for your nonprofit that isn’t already registered with the state by any kind of business entity. To check for naming conflicts conduct a Corporate Entity Search through the state, and to dig into the recently passed naming requirements please download this New Hampshire Name Availability Guidelines. It should open a Word doc. formatted file that was produced by the state.

Also, keep in mind that if needed you can file an Application for Reservation of Name through postal mail that’s good for 120 days so the name is protected while you’re forming your nonprofit.

Filing Fee: $15

Step 2) Appoint A Registered Agent

Choose a Registered Agent

A New Hampshire Registered Agent (also referred to as a legal appointee or statutory agent) can be an individual resident/citizen of the state or a legally registered domestic/foreign business entity with a physical street address and regular M-F business hours. On behalf of your nonprofit they receive and help process critical paperwork like state filings, tax forms, legal notices and so on.

That said, you can hire a 3rd party professional and expect to pay up to $160/year, or get a qualified agent free of charge when you start a nonprofit through Harbor Compliance (see details). They handle this along with much more depending on your startup package.

Step 3) Select Incorporators & Directors

Choose the Initial DirectorsIncorporators are simply individuals who are tasked with “executing” the Articles of Agreement (signing/filing them) with the state of New Hampshire. Directors on the other hand have much more responsibility if you intend on running your nonprofit by board vs. through members or through volunteers alone.

First, keep in mind that you’ll need a minimum of 5 voting directors that aren’t immediately related by blood or through marriage, though there are some exceptions. See the Guidebook for New Hampshire Charitable Nonprofit Organizations for more information regarding the responsibilities of board members.

Step 4) Draft Nonprofit Bylaws

Register an LLC

Bylaws are the rules/stipulations/regulations you write for how your nonprofit will be governed and managed along with the many other formalities that come along with having a board of directors vs a nonprofit that’s run expressly by members or volunteers. Common bylaws cover topics like:

  • How meetings are to be conducted and how often (monthly, by-monthly, yearly, etc.)
  • How new officers and directors are elected and their responsibilities.
  • How voting takes place, how disputes are handled, and how records are kept.
  • Adding/Amending bylaws (any changes must be reported to the IRS after incorporation).

If this is all new to you, use a savvy Corporate Bylaws Template which you can customize for your nonprofit and get an idea of the paperwork-side of bylaws. There’s also Sample Bylaws you can download (Word doc. format) from the NH Center for Nonprofits.

Step 5) File Articles Of Agreement

Business LicensesHead on over to the NH State Library and print a copy of their sample Articles of Agreement. This is what you’ll file when you’re ready to officially form your nonprofit entity. Also, bookmark this Filing Information, otherwise some data you’ll need prepared includes:

  • Statement of purpose (to distinguish from a conventional corp.).
  • Membership and participation provisions;
  • Statement of assets provision upon dissolution;
  • Basic nonprofit details, address & contact info, capital stock if applicable, and so forth.

Filing Fee: $30

Step 6) Start A Corporate Records Book

File Annual Reports & Publication RequirementsWhat we’re referring to here is a physical, often very nice looking “book” or binder where copies of all the most critical pieces of paperwork are kept and managed. And yes, that’s along with the many modern ways of tracking and compiling information on your nonprofit. They’re somewhat of a corporate formality, but extremely common and highly-advised.

You can pick one up at pretty much any office supply store or online through Amazon of course, but we’re huge fans of savvy-sleek Corporate Kits which include gorgeous records books, binders, blank certificates and more which you can brand for as little as $99.

Step 7) Conduct Initial Meeting

Hold a Meeting with Your Board of Directors

Also called the organizational meeting, the first meeting of the board of directors marks the beginning of your New Hampshire nonprofit. In this meeting, you must decide on important matters including:

  • Nonprofit bylaws approval or setting the precedent for amending them.
  • Designation of officers and committees and their responsibilities.
  • Nonprofit accounting and tax period and appointment of CFO/Treasurer.
  • Approval of initial transactions and establishing a corporate bank account (Step 10).

Make sure that you prepare the minutes of the meeting; your attending board of directors will need to sign the document. If needed, check out a Corporate Minutes Template which you can customize.

Step 8) Get An EIN

Get an EIN for Your LLC

You have a social security number, right? An EIN, or Employer Identification Number, is exactly like it except for business entities and nonprofit organizations. The state/federal government uses it to track your financial activity, but beyond that you’ll be able to use your EIN to set up a business bank account in Step 10, hire paid-employees if applicable to your initiative, and more.

While there are a number of ways to get yours, it’s quick, easy and free of charge when you do it through the IRS Website.

Step 9) Handle Licensing & Exemptions

Small Business Taxes

First, please print out these Formation Instructions that list the pertinent forms you should know about and provides valuable details for this step. It’s essential your nonprofit be 100% compliant in terms of not only licenses/permits, but state and federal taxes. You should be able to apply for tax exempt status now.

Along with the Attorney General’s Office, a couple other great resources (especially when it comes to networking and financial services) are the Concord district office of the Small Business Administration and the state’s Small Biz Development Center page.

Step 10) Setup A Business Bank Account

Best Business Bank Account

In your initial meeting you and the board should have discussed where to set up your nonprofit’s financial groundwork – where to bank in New Hampshire. This is no simple matter. If you aren’t a/haven’t hired a qualified CFO or accountant, then you need to check out a good number of different local, state, and national banks as well as credit unions.

There’s a lot of variables to consider here, so to get your research going check out this brief breakdown of Nonprofit Accounts to gain a better understanding and be sure to keep your nonprofit account 100% separate from all others. Don’t let any other assets of data streams put your nonprofit at risk.

Need Help?

How To Form a 501(c)(3) NonprofitIf you’d like help forming a 501(c)(3) Nonprofit In New Hampshire, we highly recommend looking into Harbor Compliance for personalized top-to-bottom nonprofit formation and obtaining IRS 501(c)(3) status.

They handle everything on your behalf and be on-call for questions you have. If you’d like more info, visit their website or read our review.