TITLE XXVIII
PARTNERSHIPS

CHAPTER 304-C
LIMITED LIABILITY COMPANIES

Limited Liability Company Formations; Related Matters

Section 304-C:28

    304-C:28 Requirements for Filing of Documents Under This Act. –
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 RSA 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.

Source. 2012, 232:2, eff. Jan. 1, 2013. 2016, 246:10, eff. Aug. 9, 2016.