Assumed-Name (DBA) Registration Requirements in New Hampshire

At a glance

Requirements one by one

Who must register

N.H. Rev. Stat. Ann. § 349:1(I) requires a sole proprietor to register when the business name contains anything beyond the proprietor's own name. It also requires every partnership, trust, or association doing business in the state to register its trade name.

Registered corporations, LLCs, LPs, LLPs, foreign entities, and investment trusts are generally outside Chapter 349 when they use their registered names. Under § 349:1(II), they come within the trade-name filing rule when they do business under a different name.

Filing contents and fees

N.H. Rev. Stat. Ann. § 349:5 requires a signed certificate stating the trade name, principal place of business, a brief business description, the names and addresses of the principal parties, and the business's organization date.

Under § 349:7, initial registration and renewal each cost $50. A notice of discontinuance, partner addition, or partner withdrawal costs $10. Chapter 349 contains no newspaper-publication requirement.

Five-year renewal and change deadlines

Under § 349:6, registration and the resulting name reservation take effect when filed and last five years unless withdrawn or discontinued earlier. Section N.H. Rev. Stat. Ann. § 349:8 requires reregistration at expiration. The Secretary of State sends one notice at least six months before expiration and another at least 30 days before expiration.

There is a 30-day grace period after expiration. If renewal is still not filed, the registration is discontinued and the name is abandoned and free.

N.H. Rev. Stat. Ann. § 349:2 separately requires a partner addition or withdrawal filing within 10 days and a discontinuance filing within 30 days after the business ceases.

Name protection and penalties

Section 349:1 generally requires a trade name to be distinguishable in the Secretary of State's records. Under § 349:10, a registrant may seek an injunction and the wrongdoer's profits against interfering use. But § 349:11 preserves trade-name rights acquired earlier in good faith at common law.

Under § 349:9, ordinary failure to comply is a violation for a natural person and a misdemeanor for any other person. Fraudulent registration under § 349:10 also creates liability for resulting damages and is a misdemeanor for a natural person or a felony for any other person.

What trips people up

• The initial statute has no 60-day filing window. It requires registration while doing business under the trade name but states no initial day-count.
• Renewal is measured from the filing date, not a calendar-year-end rule. The term is five years from filing.
• The 30-day period is a grace period after expiration. It is not the ordinary renewal window; the state sends the first notice at least six months before expiration.
• Registration does not erase older rights. The state reserves the name in its records, but § 349:11 preserves prior good-faith common-law rights.

Common questions

Does an LLC using its exact registered name file under Chapter 349?

No. Section 349:1(II) generally exempts registered entities when they use their registered names. A separate trade-name filing is required when the entity uses a different name.

Can the current name holder consent to a similar name?

Yes. Section 349:1(IV)(b) permits written consent to a name that is not distinguishable; if the proposed name is exactly the same, one or more words must be added to distinguish it.

What happens if a partner joins or leaves?

Section 349:2 requires a certificate signed by all members, including the new or withdrawing member, within ten days.

Statutes and sources

• N.H. Rev. Stat. Ann. §§ 349:1, 349:2, and 349:5 — covered businesses, exact-name and registered-entity exceptions, name distinguishability, certificate contents, and partner/discontinuance deadlines. § 349:1; § 349:2; § 349:5 (accessed 2026-07-25).
• N.H. Rev. Stat. Ann. §§ 349:6 through 349:8 — five-year reservation, $50 registration/renewal, $10 change/discontinuance fee, notices, and 30-day post-expiration grace period. § 349:6; § 349:7; § 349:8 (accessed 2026-07-25).
• N.H. Rev. Stat. Ann. §§ 349:9 through 349:11 — ordinary and fraudulent- registration penalties, remedies against interference, and preservation of prior common-law rights. Official merged chapter; § 349:10; § 349:11 (accessed 2026-07-25).
• New Hampshire Secretary of State, Trade Names and Form TN-1 — current filing office, forms, fees, exact-name explanation, and public-record notice. Official page; official form (accessed 2026-07-25).