New Hampshire LLC Formation

New Hampshire LLC Formation Attorneys & Lawyers for Hire

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Steven S.

Steven Stark

304 reviews
For over 30 years, Steven Stark has offered counsel to non-profit organizations and private companies. He has a passion for helping small businesses in particular since he himself started several businesses of his own in New York and Florida. He understands the importance of small businesses having a reliable attorney to advise them about legal matters from their inception.
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Joshua G.

Joshua Garber

213 reviews
Representing notable clients like Tesla and the City of Los Angeles, Josh Garber excels at helping clients with employment and labor laws. Many of his past clients have had great success using Josh for employment agreements and Division of Labor Standards Enforcement (DLSE) hearings. With his practical advice, he has even helped clients avoid going to court.
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Richard G.

Richard Gora

160 reviews
Looking for an attorney with experience? Richard Gora is the exact attorney you want. Having defended over 100 cases both in state and federal courts and working with clients from around the globe, Richard has an array of different experiences. His services are wide-ranging and include business litigation, securities litigations, employment litigation, and business counsel. Prior to founding Gora LLC, he worked for Finn, Dixon & Herling LLP for eight years.
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Heshmat A.

Heshmat Ali

Heshmat Ali is a corporate attorney who has been practicing law for over a decade. He is licensed to practice law in California and obtained his legal degree from the Southwestern Law School. Heshmat specializes in reviewing, drafting and negotiating commercial contracts. He also deals with legal cases related to immigration law. Heshmat often provides his legal assistance to startup companies. He served as an attorney at the Orange County Public Defender between 2008 and 2014.
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Elizabeth O.

Elizabeth Oyen

Elizabeth Oyen is a tax attorney that serves a number of corporate clients. She is licensed to practice law in New York and Michigan. Elizabeth obtained her law degree at the Michigan State University, and have since built up more than 15 years of experience. She has been operating her own consulting and legal services business since 2012. Before starting her own company, Elizabeth gained experience while working for MetLife and the Michigan State Department of Treasury.
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Jason P.

Jason Perez

2 reviews
Jason Perez is a corporate attorney who specializes in a variety of legal practice areas. He has recently been licensed to practice law in New Jersey. Jason obtained his legal degree from the Rutgers University School of Law – Newark. The primary legal practice areas Jason specializes in include litigation, transactions and privacy-related matters, as well as intellectual property law. He has been serving as an associate at Spiro Harrison since November 2017.
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Joshua F.

Joshua Freeman

Joshua Freeman is a corporate attorney that has extensive experience in dealing with commercial real estate transactions as well. He primarily works with startup companies, but have also worked with larger corporations. Joshua is licensed to practice law in Utah. He received his law degree from the University of Utah S.J. Quinney College of Law. Joshua is currently the founding partner at his own law firm.
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Erin B.

Erin Broderick

2 reviews
Erin Broderick has 10 years’ experience representing parties in distressed situations and commercial litigation, including chapter 11 debtors, equity committees, committees... read more
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David S.

David Shevitz

2 reviews
Before establishing Shevitz Law Firm, David was an associate attorney at a boutique bankruptcy firm for four years. His current practice focuses on business reorganizations, individual debtor representation, and creditor representation in bankruptcy proceedings. He also served as staff writer and research editor of the Loyola of Los Angeles Entertainment Law Review.
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Cliff S.

Cliff Schneider

4 reviews
Cliff Schneider is a business attorney with extensive experience in internet and e-commerce law. He also assists companies and entrepreneurs in cases related to real estate law and corporate law. Cliff is licensed to provide legal services in New Jersey and in New York. He has more than 14 years’ experience. Cliff has been operating as a managing partner at Cohen Schneider & O’Neill LLP for the past decade. Prior to this position, he was an associate general counsel at an educational company.
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Why use UpCounsel to form your LLC in New Hampshire?

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Why use UpCounsel to form an LLC in New Hampshire

Starting an LLC in New Hampshire with a business startup attorney on UpCounsel is easy, informative, and cost-effective. In just three simple steps, our LLC attorneys will help you protect your business and personal assets, and help you organize your business for state and federal compliance for limited liability companies.

When forming an LLC in New Hampshire with UpCounsel, the attorney you choose to help you will conduct a business name search for your New Hampshire LLC and assist you in preparing your LLC Operating Agreement, along with providing other legal services based on your needs. Once your Certificate of Formation have been prepared and successfully filed with the New Hampshire Secretary of State Corporation Division, your New Hampshire LLC has been formed and begins its existence as a corporate entity.

Requirements for Forming a New Hampshire LLC

Choosing a Company Name for Your LLC

One of the first steps in the process of forming your New Hampshire Limited Liability Company is to choose your business name.

The business name that you choose must contain the words "limited liability company" or the abbreviation "LLC" or "L.L.C." as the last words in the name of the limited liability company.

It must be distinguishable (not the same as or deceptively similar to) the name of any New Hampshire Limited Liability Company or foreign LLC reserved or registered.

Your LLC name may contain the name of one or more members.

By using UpCounsel, you can choose several business names in order of preference. Your attorney of choice can then conduct a name check for your New Hampshire Limited Liability Company before filing to see which names are available. Once you have chosen an available name, your chosen LLC attorney can help you properly register your name with the State of New Hampshire.

Certificate of Formation: When forming an LLC in New Hampshire, the Certificate of Formation must be filed with the New Hampshire Secretary of State Corporations Division. New Hampshire state law requires that certain information be included in your Certificate of Formation when forming your New Hampshire LLC.

This information must include:

  1. The LLC's name and address.
  2. The name and address of the LLC's registered agent.
  3. Whether the LLC will be run by managers or members.
  4. The LLC's dissolution date (if any).
  5. The LLC's business nature.

Form SRA: A New Hampshire LLC must also file an addendum called Form SRA with the Certificate of Formation. It must contain a statement acknowledging that the LLC has complied with New Hampshire's securities laws.

Additionally, a New Hampshire LLC formation generally requires inclusion and/or consideration of the following:

Organizers: One or more people may form a LLC, yet they do not need to be members of the LLC.

Minimum Number of LLC Organizers: One (or more).

Eligibility: An organizer may be an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign.

LLC Operating Agreement: Although the LLC operating agreement is not required with the Certificate of Formation, it is a good idea for every LLC with more than one member to have one. New Hampshire recognizes an LLC's operating agreement as governing documents. If an operating agreement is created, it need not be filed with the Certificate of Formation.

Membership: A limited liability company must have one or more members.

Eligibility Requirements: A natural person or an entity.

Procedure for Membership: The member may acquire an interest in the LLC directly from the limited liability company at the time of formation and, after formation, at the time provided in and upon compliance with the Certificate of Formation or the operating agreement or, if not provided, only upon the vote of a majority in interest of the LLC members, excluding the vote of the person acquiring the membership interest, and only when the person becomes a party to the LLC's operating agreement.

Resident Agent needed for a New Hampshire LLC

Remember every New Hampshire LLC must have a registered agent in New Hampshire, which is the person or office designated to receive official state correspondence and notice if the company is "served" with a lawsuit. The statutory agent may be a New Hampshire resident or business entity (corporation, LLC, or limited liability partnership) authorized to do business in the state. However, the registered agent must have a physical New Hampshire street address.

New Hampshire Secretary of State

Once you create an LLC in New Hampshire, the New Hampshire Secretary of State will require that certain recurring responsibilities and duties be fulfilled. The most important of these are explained below.

For further information, contact the New Hampshire Secretary of State.

Recurring Responsibilities and Duties for New Hampshire LLCs

Annual Report: Each LLC shall provide an annual report to the New Hampshire Secretary of State regarding its financial condition to each of its officers, directors, and registered agent. The first annual report is due prior to April 1st of each year. The initial filing fee is $100.

Business Licenses: Business licenses and/or permits are required for most businesses. Contact the New Hampshire Secretary of State for specific licenses.

Filing Fees for a New Hampshire LLC

The processing fee for the Certificate of Organization and the Form SRA addendum is generally about $100. Also, the filing and reservation of the LLC's name is $15. These fees can change so it would be best to check with the New Hampshire Secretary of State on what the latest fees are. You may pay these fees in many different forms including cash, check, money orders, or debit and credit cards.

Taxes for a New Hampshire LLC

A New Hampshire LLC is not required to be a separate tax entity like a corporation; instead, it can be considered a "pass-through entity," so that the owners of the LLC report business losses or profits on their personal tax returns, just like in a partnership.

New Hampshire state law follows federal law for income tax purposes. Therefore if the LLC is classified as an association taxable as a corporation for federal income tax purposes, so will it be taxable as a corporation for state tax purposes

Federal Income Tax: Unless you elect to tax the limited liability company as a corporation, the IRS will treat a single-member LLC in New Hampshire as a sole proprietorship for tax purposes. This means that the LLC itself does not have to pay taxes or file a tax return. Unless you elect to tax the Limited Liability Company as a corporation, the IRS treats multi-member LLCs as partnerships for tax purposes. This means that LLC owners will each need to pay taxes on their lawful share of the profits on their personal income tax returns, not just on the LLC itself.

Federal Tax Identification Number: Your LLC will need to obtain a federal tax identification number, which is also known as an Employment Identification Number (EIN). An EIN is similar to an individual's social security number. You will need an EIN for your LLC as long as there is one member, even if the LLC does not have employees. For certain tax filing requirements the attorney you choose on UpCounsel can help prepare your Federal Tax ID Application, if you have not done so already.

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