New Hampshire House Bill HB406

New Hampshire 2025 Regular Session

• Introduced: 1/10/25
• Refer: 1/10/25
• Report Pass: 3/19/25
• Engrossed: 3/27/25
• Refer: 3/27/25
• Report Pass: 4/30/25
• Enrolled: 7/2/25
• Chaptered: 7/22/25
• Passed: 7/22/25

Caption

Relative to the formation of fraudulent businesses.

Impact

One of the critical components of HB406 is the empowerment of the Secretary of State to verify and prevent fraudulent business formations. This proactive approach is essential in protecting the legitimate business landscape of New Hampshire, aiming to reduce instances of identity theft and unauthorized registrations. By establishing clear penalties for individuals who fraudulently form businesses, the legislation aims to deter such fraudulent activities and promote transparency in business registration processes.

Summary

House Bill 406 (HB406) is a legislative proposal aimed at enhancing the integrity of business formations within New Hampshire. The bill establishes a registry for registered agents required for various business entities, including corporations and limited liability companies. This registry is designed to help ensure that only competent and compliant agents are appointed to represent these businesses. Additionally, the bill allows corporations to restate their articles of incorporation, giving them the ability to update and amend their founding documents as necessary, provided they follow the prescribed processes.

Contention

While the bill is mainly focused on preventing fraud, there may be natural concerns regarding privacy and the administrative burden it could impose on legitimate businesses. Some stakeholders might argue that the requirements for registered agents and additional scrutiny could complicate the business formation process, potentially discouraging new enterprise endeavors. Nevertheless, proponents emphasize that the benefits of preventing fraud and ensuring accountability far outweigh the administrative challenges presented by enhanced regulations.