Legal

How to start an LLC in New Hampshire

Update: December 30, 2022

By: Tom Macken

Start an LLC in New Hampshire how-to

Granite formations. Fried lake bass. Maple syrup and yogurt. New Hampshire is known for many things including its reputation as the “Switzerland of America” because of its scenic beauty. 

So, you’ve chosen to take the leap and are curious about how to form a New Hampshire LLC. But what’s the next step? And what will the cost be? Below, we’ve outlined the processes you’ll need to follow, as well as the fees and paperwork necessary for New Hampshire firms.


Summary


1. Name Your New Hampshire LLC
2. Select a New Hampshire Registered Agent
3. File the Certificate of Formation
4. Receive a Certificate From the State
5. Create an Operating Agreement
6. Obtain an Employer Identification Number (EIN)
7. File Annual Renewals
Costs and Next Steps
FAQs

In addition to its many other advantages, a limited liability corporation (LLC) provides small enterprises with protection from legal responsibility and favorable tax treatment. Follow these easy steps to get your limited liability company (LLC) operating in the state of New Hampshire after you’ve decided that an LLC is the most suitable corporate structure for your requirements.

Note that you have the option of forming the limited liability company (LLC) yourself, or you may employ a professional company incorporation provider to do all of the legwork on your behalf.

1. Designate a Name for Your Limited Liability Company in New Hampshire

When choosing a name for a limited liability company (LLC) in the jurisdiction of New Hampshire, there are two rules that must be followed:

  • The name of a limited liability company (LLC) must be able to be differentiated from the names of other firms already registered with the Corporation Division of the New Hampshire Secretary of State.
  • At the very end of an LLC’s name, the phrase “Limited Liability Company,” “L.L.C.,” or another acronym with the same meaning is required.

Find out if the name you want for your LLC is available

After deciding on a name that satisfies the requirements of the state, the next step is to check to see whether it may be used in the state of New Hampshire by using the New Hampshire Secretary of State Business Search.

Make a name reservation for your limited liability company with the Secretary of State.

It is a good idea to submit a request to the New Hampshire Secretary of State to reserve the name of your selected limited liability company (LLC) in order to prevent the name from being claimed by another company before you submit your Certificate of Formation.

By submitting an Application for Reservation of Name to the Secretary of State either online or by postal mail, you have the ability to reserve a name for a period of up to one hundred and twenty days. The charge to submit paperwork is $15.

2. Choose a registered agent in the state of New Hampshire

A registered agent in New Hampshire is required of every limited liability company operating in the state. If the limited liability company (LLC) is taken to court, this refers to a person or company that has agreed to accept service of process on its behalf.

The Registered Agent might be a resident of New Hampshire or a business entity that is permitted to conduct operations in the state of New Hampshire. The Registered Agent is required to provide evidence of a New Hampshire street address where they may be reached.

What exactly is the role of a Registered Agent?

A company’s Registered Agent is the individual or organization designated by the company to receive service of process and other legal papers on the company’s behalf, including tax forms, legal notices, and government communications. Consider the role of your registered agent as that of the point of contact for your company with the state.

Who is eligible to serve as a Registered Agent?

A Registered Agent in the state of New Hampshire must either be an individual who resides in the state on a permanent basis or a company that is permitted to carry out business in the state of New Hampshire, such as a Registered Agent service. You have the option of selecting anybody who works for the organization, including yourself.

3. Submit an application for the Certificate of Formation

The Certificate of Formation is a document that lays forth fundamental information about your limited liability company and is responsible for formally establishing your LLC. Because this form serves as the legal registration for your company with the state, it is essential that all of the details be accurate.

What information should be included on a Certificate of Formation?

When completing the New Hampshire Certificate of Formation for your Limited Liability Company, you are required to give the following information:

  • LLC’s name
  • If the term of the LLC is permanent or limited
  • Address of the main office of the limited liability company Name and address of the registered agent for the limited liability company
  • Location where the Secretary of State should send notifications to the limited liability company (LLC) through mail.
  • How the Limited Liability Company (LLC) will be run: by its members or by its managers
  • Whether or whether the limited liability company will provide professional services
  • Name and address of each person who organized the limited liability company, as well as the name and address of at least one member or management who has direct knowledge of the activities of the limited liability company.

Putting in an Application for Your Certificate of Formation

You have the option of submitting the Certificate of Formation for your New Hampshire limited liability company either online or via the mail. There is a charge of $100 ($102 for online filing) for you to complete the form, and after it has been submitted, you will get a copy of your certificate that has been date-stamped within the next 30 days.

The name “State of New Hampshire” should be written on the memo line of all checks.

Please fill out the application, which is two pages long. You will be required to supply the name of the limited liability company (LLC), the primary address of the firm, the kind of business that the LLC engages in, the management structure of the LLC, as well as the name and address of the registered agent. The application must be signed by either a member of the firm or a management.

4. Obtain a Certificate From the Government of Your State

After the formation paperwork of the LLC has been submitted and authorized, the state will issue you a certificate that proves the LLC officially exists. If you request a copy and pay appropriate postage, the state will mail you the certificate.

This certificate will make it possible for the limited liability company to get an Employer Identification Number (EIN), as well as business permits and a business bank account like a Novo or Bluevine.

5. Draw up an Operating Agreement Contract

Even while establishing a detailed LLC operating agreement is not a legally required step for founding a limited liability company in the state of New Hampshire, it is highly suggested for all new limited liability firms to do so.

The following items should be included in the operating agreement:

  • Describe the business structure of the limited liability company.
  • Determine the specific duties and commitments that each member of the limited liability company (LLC) has, and lay out the operational structure of the LLC.
  • Significant legal and logistical challenges might await a limited liability company (LLC) in the absence of an operating agreement that defines the precise responsibilities of its members.

6. Obtain a number that identifies you as an employer (EIN)

A number of limited liability companies (LLCs) will be required to get a Federal Employer Identification Number (EIN), often known as a tax ID number. 

An Employer Identification Number (EIN) is a nine-digit number that identifies your company to the Internal Revenue Service. You need an EIN in order to pay federal employer taxes, establish a bank account for your business (in most scenarios), or recruit staff.

On the website of the Internal Revenue Service (IRS), which is accessible without charge, you may check to see whether you need an EIN and submit an application for one online. Single-member limited liability companies, which are an exemption to the rule that most firms are required to acquire an EIN, may instead use the owner’s Social Security number.

Business Licenses

Depending on the kind of company they run and where they are located in New Hampshire, limited liability companies that are operating in the state may be needed to seek one or more business licenses or permits from the state or from their respective municipal governments.

Consult the New Hampshire Start a Company Guide, which is made available by the Secretary of State, for information on how to satisfy the prerequisites for obtaining a state license to operate a business. The New Hampshire License Directory allows for the search and retrieval of specific license information.

Contact a municipal or county clerk in the city or county where your limited liability company (LLC) is based to get information on the local licensing requirements.

7. Submit Annual Renewals

Each year, limited liability companies based in New Hampshire are obliged to submit an annual report and pay a filing fee of $102 to the state. The purpose of the yearly report is to provide the New Hampshire Corporations Division with information on whether or not your company has relocated or changed ownership. 

You are required to submit this report even if none of the information about your company has changed. A $50 late fee will be assessed to your account if you are even one day late with the payment.

What are the costs and next steps?

Costs

When you submit your Certificate of Organization with the New Hampshire Secretary of State, you will be charged $100. The New Hampshire Secretary of State will charge you $15 to reserve the name of your limited liability company, and the cost of annual reports is $102.

Consider the following additional fees that may be incurred by an LLC:

  • Reserving a Name for an LLC
  • Copy of certified documents with the DBA (Doing Business As) name
  • Copies of your documents
  • Receive Your Certificate of Existence

Next Steps

When you register a limited liability company (LLC), you establish a legal basis upon which to operate your firm. Companies should make it a priority to maintain their limited liability company in compliance with state regulations and in an active position on the state’s website.

In addition, having a registered limited liability company enables you to perform the following:

  • Obtain any permissions or licenses that are required to run your business, such as those issued by the health department, the zoning department, the department of home occupations, the department of professional licensing, and so on. Some states need a seller’s permission to conduct sales
  • Register your company with the department of revenue in your state.
  • Create a bank account for your company.
  • Create a credit card account for your company.
  • Invest in insurance coverage for your company.
  • Create a trademark to protect both your company’s name and its logo.

Incorporate yourself or use a pro company creation provider?

To establish a limited liability company (LLC), you are not required by law to consult a lawyer. The majority of states enable the establishment of LLCs via the process of registering the business entity on the website of the secretary of state and with the Internal Revenue Service (IRS).

If you are not acquainted with the process of forming an LLC, your best bet may be to hire a professional LLC provider so that you can be certain that the creation will go smoothly and quickly.

When entrepreneurs start a new firm, they may save startup costs and save valuable time by using a professional agency that specializes in company forms. They can take care of the things that you may not have time to think about for a price ranging from $50 to over $500, and some examples of such things are as follows:

  • Developing an operating agreement for an LLC that details your company’s who, what, when, where, why, and how, and putting it into writing (required in some states).
  • Putting together articles of incorporation that identify the management of the LLC, the registration agent, and the date the company was formed.
  • Taking up the role of registered agent for your firm.
  • Keeping careful records in the event that there are investigations or litigation.
  • payment of filing fees and registration with the appropriate parties.
  • Registering the name of your firm and ensuring that the name you choose for your limited liability company is accessible.
  • Finishing up and turning in all of the necessary legal and formation documentation.

You will need the registration fee, a name for your limited liability company (LLC), a Registered Agent, a Certificate of Formation, an Operating Agreement, and an EIN number from the Internal Revenue Service in order to create an LLC in the state of New Hampshire.

FAQs

How does New Hampshire tax limited liability companies (LLCs)?

The state of New Hampshire does not impose a sales tax on LLCs. There is no need for concern on your part about the payment of sales tax to the state of New Hampshire if your LLC is engaged in commerce inside the state.

How long does it take to form a limited liability company in New Hampshire?

In New Hampshire, obtaining an LLC may take anywhere from three to seven business days if the registration is done online, but it can take anywhere from three to five weeks if the file is done by mail.

In New Hampshire, how do you go about forming a limited liability company?

You will need the registration fee, a name for your limited liability company (LLC), a Registered Agent, a Certificate of Formation, an Operating Agreement, and an EIN number from the Internal Revenue Service in order to create an LLC in the state of New Hampshire.


Editorial Manager

Tom is the founder of Gottagrow.io. He reads the offers, deciphers the details including features, pricing, included services and more to find you the best products and services.

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