New Hampshire Revised Statutes 503:11 – Representation of Corporations and Other Business Organizations
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I. Notwithstanding N.H. Rev. Stat. § 311:11, and to the extent not inconsistent with court rules, an officer, employee, partner, owner or trustee, as applicable, of a corporation, partnership, limited liability company, or trust who presents written authorization and who is not an attorney but is appearing for the organization, may represent the organization in an action cognizable as a small claim under this chapter before a district or municipal court for the purposes of entering a plea or answer on behalf of the organization, or otherwise representing the organization during the course of the small claim proceeding.
II. The requirement for written authorization in paragraph I shall be met by a document, signed by a duly authorized official of the organization and containing a certificate of acknowledgment to the signature, authorizing the representation, and acknowledging that the organization shall be bound by any agreement entered into by such individual or any order of the court in the matter. Any such written authorization shall be presented to the court under oath by the representative.
III. Nothing in this section shall prevent the court from denying representation by any individual it deems to be improper, inappropriate or unable to adequately represent the interests of the organization.
IV. “Duly authorized” as used in paragraph II shall mean:
(a) For a corporation, a resolution adopted by the board of directors.
(b) For a partnership, an authorization signed by a general partner.
(c) For a trust, an authorization signed by a trustee.
(d) For a limited liability company, an authorization signed by a member with management authority.
V. The authorization of the duly authorized official by the organization may apply to all matters or may be limited to specific matters at the election of the organization.
II. The requirement for written authorization in paragraph I shall be met by a document, signed by a duly authorized official of the organization and containing a certificate of acknowledgment to the signature, authorizing the representation, and acknowledging that the organization shall be bound by any agreement entered into by such individual or any order of the court in the matter. Any such written authorization shall be presented to the court under oath by the representative.
Terms Used In New Hampshire Revised Statutes 503:11
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trustee: A person or institution holding and administering property in trust.
III. Nothing in this section shall prevent the court from denying representation by any individual it deems to be improper, inappropriate or unable to adequately represent the interests of the organization.
IV. “Duly authorized” as used in paragraph II shall mean:
(a) For a corporation, a resolution adopted by the board of directors.
(b) For a partnership, an authorization signed by a general partner.
(c) For a trust, an authorization signed by a trustee.
(d) For a limited liability company, an authorization signed by a member with management authority.
V. The authorization of the duly authorized official by the organization may apply to all matters or may be limited to specific matters at the election of the organization.