Q: A Massachusetts LLC that is not registered as a foreign corp. in New Hampshire has purchased land in NH

A: If a Massachusetts LLC, which has not registered as a foreign corporation in New Hampshire, has purchased land in NH, the question of whether the local planning board should accept its application is nuanced. Under New Hampshire law, foreign corporations (which include LLCs formed in other states) are generally required to register with the New Hampshire Secretary of State before "doing business" in the state. This requirement aims to ensure that entities operating across state lines are accountable and comply with local regulations.

The definition of "doing business" can vary, but purchasing property does not necessarily constitute doing business in a way that always requires registration. However, if the LLC intends to develop the land, engage in sales, or perform other significant commercial activities on that property, registration might indeed be necessary. The local planning board's responsibility is to review applications based on compliance with zoning and development regulations, not necessarily to enforce state business registration laws.

Before raising this issue at the planning board meeting, it might be helpful to consider the specifics of what the LLC plans to do with the land. If their activities clearly constitute doing business in New Hampshire, pointing out the lack of registration could be a valid concern. However, it's also worth noting that the planning board's primary focus will likely be on the land use and development aspects of the application. For a more informed stance, you might also consult with someone knowledgeable in New Hampshire's laws on foreign corporations and land use regulations.