A New Hampshire LLC allows a person or persons to form and operate a legal business entity within the state and provides owners with limited liability. As an LLC, profits and losses are reported on an owner's personal taxes, but the owner is protected against debts, claims, and personal liability associated with the business.  

Steps

Forming an LLC in New Hampshire requires the following initial steps be taken before providing any products or services to customers or clients. 

Select your business name. Consider the name carefully, as you want it to stand out from similar business names. Check that the name is available, has the required verbiage for an LLC, and does not contain any prohibited words. For help with naming your business, visit the U.S. Small Business Administration's website

A Certificate of Formation, also known as the Articles of Organization in some states, must be filed with the Secretary of State for New Hampshire. Each certificate must include the following information:

  • LLC name
  • Type of business to be conducted
  • Registered agent's name and address
  • A dissolution date, if appropriate
  • Whether the business will be manager-managed or member-managed
  • Name of the manager or member along with their title and a signature and date

When filing the Certificate of Formation with the Secretary of State, you must include the filing fee applicable to New Hampshire. 

Select either an individual or a business to serve as the registered agent. LLCs in New Hampshire must have a registered agent to take care of sending and receiving legal paperwork.

Creating an operating agreement is optional. While the agreement is not required in New Hampshire, it is recommended that an LLC have one outlined. 

As an operating LLC in New Hampshire, you will be required to file an annual report. Reports must be received by the Secretary of State by April

If your LLC is out of state and you want to do business in New Hampshire, you must file as a foreign LLC with the Secretary of State, appoint a registered agent, and submit an Application for Registration as a Foreign Limited Liability. The form is filed by mail and has a filing fee of $100.

Along with Registration Application as a foreign LLC, the paperwork must also include a certificate from the home state of the foreign LLC stating the business is in good standing. The certificate date cannot be over 60 days from the initial filing of the certificate. 

FAQS

Are there any words I can't use when naming my LLC?

Yes. There are words that cannot be used because they would cause confusion between your company and state or federal agencies. A few examples of words that cannot be used include treasury, CIA, Secret Service, or FBI.

How much is the filing fee for the Certificate of Formation?

Currently, the filing fee is $100.

Can I file the Certificate of Formation online?

No. You must file the paperwork in person or by mail. 

Do I have to register my business name immediately?

No. You can file an Application for Reservation of Name with the Secretary of State to reserve the name for 120 days. It can be mailed and must include the $15 processing/filing fee. 

What information is required on the Application of Reservation Form?

You'll need to include the business name you want to reserve, the type of business, what business will be conducted, and the applicant's information, including name, address, phone number, email address (if applicable), and the applicant's signature along with the date. 

Can the registered agent I select be out of state?

A registered agent must have a physical address. The agent may be a resident of New Hampshire, a corporation, an LLC, or a limited liability partnership that has been authorized to conduct business in the state. 

Where do I get an Employee Identification Number?

Request an EIN or Federal Tax Identification number free of charge from the Internal Revenue Service. 

Can I mail in my annual report, and what does it cost to file?

You can mail the report of file it online. The fee is $100 to file. There is a late fee of $50.  

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