HB1435 (2018) Detail

Relative to business registration requirements.


HB 1435-FN - AS INTRODUCED

 

 

2018 SESSION

18-2073

05/08

 

HOUSE BILL 1435-FN

 

AN ACT relative to business registration requirements.

 

SPONSORS: Rep. Cahill, Rock. 17; Sen. Fuller Clark, Dist 21

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill requires certain businesses to register with the secretary of state and, upon registration, requires the secretary of state to provide the business with relevant information about operating a business in New Hampshire.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2073

05/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to business registration requirements.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Chapter; Business Registration Requirement.  Amend RSA by inserting after chapter 349 the following new chapter:

CHAPTER 349-A

BUSINESS REGISTRATION REQUIREMENT

349-A:1  Registration; Generally.  

I.  Any person doing business in this state shall register his or her name and the name of his or her business with the secretary of state if such person has employees or has an annual gross business income of $75,000 or more.

II.  The provisions of this chapter shall not apply to sole proprietors, partnerships, trusts, or associations with a registered trade name under RSA 349, corporations organized under RSA 292, 293-A, 301 and 301-A, foreign corporations registered under RSA 292, 293-A, 301 and 301-A, foreign partnerships registered under RSA 305-A, limited liability companies and foreign limited liability companies registered under RSA 304-C, registered limited liability partnerships or foreign registered liability partnerships registered under RSA 304-A, limited partnerships or foreign limited partnerships registered under RSA 304-B or New Hampshire investment trusts registered under RSA 293-B except as such holders of the registrations as described in this paragraph may be doing business under a name other than the names under which they are registered.

349-A:2  Registration; Procedure.  

I.  Every person required to register under this chapter shall file in the office of the secretary of state a certificate, signed by such person, stating:

(a)  The name under which the business is to be conducted.

(b)  The principal place of business.

(c)  The date of organization of the business.

(d)  A brief description of the kind of business to be carried on with the names and addresses of the principal parties engaged therein.  

II.  Registrations filed under this section shall be accompanied by a $25 filing fee and shall be renewed every 5 years upon payment of a $25 renewal fee.

349-A:3  Effect of Registration.  Upon registration under this chapter, the secretary of state shall provide such person with relevant information regarding the operation of a business in the state of New Hampshire, including information regarding state taxes, workers' compensation, licensing, permitting, and regulatory requirements.

2  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2073

10/31/17

 

HB 1435-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to business registration requirements.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$30,000

$0

$0

$0

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other

 

METHODOLOGY:

This bill requires certain persons doing business in this state to register with the Secretary of State if such person has employees or has an annual gross business income of $75,000 or more.  Such registration shall be accompanied by a $25 filing fee and renewed every 5 years upon payment of a $25 renewal fee.   The Secretary of State shall provide such person with relevant information regarding business operation in the state, including state taxes, workers' compensation, licensing, permitting and regulatory requirements.

 

The Department of State indicates sole proprietorships are not currently required to register with the Corporation Division and the state.  The number of sole proprietorships that do not register is indeterminable and the number of sole proprietorships that do register trade names is likewise indeterminable.  On average, 6,500 trade names are registered per year including all business types.  Approximately 300 sole proprietorships convert their trade name into a corporation or LLC per year.  The number of non-registered businesses in the state with an annual gross income of $75,000 is also indeterminable.  The estimated cost of upgrading the Corporation Division filing system to accept and process the business registration requirements of this bill is approximately $30,000.

 

AGENCIES CONTACTED:

Department of State

 

Links

HB1435 at GenCourtMobile

Action Dates

Date Body Type
Feb. 13, 2018 House Hearing
Feb. 20, 2018 House Exec Session

Bill Text Revisions

HB1435 Revision: 2134 Date: Nov. 3, 2017, 9:54 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Commerce and Consumer Affairs HJ 1 P. 10
Feb. 13, 2018 Public Hearing: 02/13/2018 10:15 AM LOB 302
Feb. 20, 2018 Subcommittee Work Session: 02/20/2018 09:00 AM LOB 305
Feb. 20, 2018 Executive Session: 02/20/2018 LOB 302
Committee Report: Refer for Interim Study (Vote 18-2; CC)
March 6, 2018 Committee Report: Refer for Interim Study for 03/06/2018 (Vote 18-2; CC) HC 9 P. 6
March 6, 2018 Refer for Interim Study: MA VV 03/06/2018 HJ 6 P. 9