1. NH Business Lookup
2. New Hampshire LLC Registered Agent
3. Forming a New Hampshire LLC – Certificate of Formation Instructions
4. LLC's Operating Agreement New Hampshire

NH Business Lookup

Before forming a New Hampshire LLC, you must first perform an NH business lookup to search the business name and make sure it's available. Your LLC name should be unique and follow NH state requirements. Search every part of your preferred LLC name to make sure nothing is similar. 

When creating an LLC, the business name must end with “Limited Liability Company,” “LLC,” or “L.L.C.” The name can in no way imply that the LLC is a corporation. In other words, you cannot use “corporation” or the abbreviations “inc.” or “corp.” anywhere in your LLC name. Not even “incorporated.”

When selecting your LLC name, it must be distinguishable, which means that it's unique and unlike existing names found during the search. How the business designates its LLC status does not qualify as distinctive. For instance, you cannot file a “Jones Investments LLC” if another entity exists as “Jones Investments Inc.”

Grammatical differences also do not count toward distinguishability. For instance, if you find the business name “Jasper's Farm LLC” with the apostrophe in your search, but you want to use “Jasper Farm LLC,” your preferred name is not available to use because they are too similar. Additionally, words such as “an,” “a,” “or,” and “and” do not distinguish a name. You also cannot change punctuation to create your desired name if one already exists in the database.

Filing the paperwork to establish your LLC is not as straightforward as you may think. You must first come up with a truly unique name, which demands some creativity on your part. Even so, your LLC name should be easy to spell so others can find it when searching for you. The best LLC name will have positive connotations and leave people feeling good about the business.

When using the New Hampshire LLC Name Search, you can search any combinations of capitalizations, and you will still get the proper results. You may note several types of statuses in the database, including:

  • Active
  • Cancelled
  • Dissolved
  • Consolidated
  • Incorporated
  • Forfeited
  • Inactive
  • Old Name
  • Merged
  • Revived

If your preferred name shows up in any of these statuses, even in “old name” or “inactive,” it's best to choose a different one to avoid issues. For any questions regarding the database or registering your LLC in New Hampshire, contact the NH Secretary of State.

New Hampshire LLC Registered Agent

Before establishing your LLC in New Hampshire, you must first select a Registered Agent. This is someone who serves as your point of contact for accepting legal documents on your behalf.

Registered Agents in New Hampshire must have an in-state address and be available to accept business documents, tax notices, court documents, payment reminders, and other forms of communication. In order to be a Registered Agent in New Hampshire, you must have a local street address, not a PO Box. While many LLC owners choose to hire a Commercial Registered Agent, you can also select a friend or family member to serve as your Registered Agent. However, the Registered Agent must be available during regular business hours to receive documents.

When you've determined who your Registered Agent will be, you can proceed with completing your LLC Formation Documents.

Forming a New Hampshire LLC – Certificate of Formation Instructions

The Certificate of Formation is the official document that establishes your LLC in the state of New Hampshire. After completing the Certificate of Formation, submit it to the New Hampshire Secretary of State. You can file online for a faster approval time, via mail, or simply by walking in to the office. For same-day approval, choose the walk-in filing option.

Mail your Certificate of formation to:

Corporation Division
NH Dept. of State
107 N Main Street
Room 204
Concord, NH 03301-4989

Include a money order or check for $100 made payable to the “State of New Hampshire.”

The walk-in filing fee in New Hampshire is $125, which includes a $25 expedited fee. Bring the completed document and the filing fee to:

25 Capitol Street
3rd Floor
Concord, NH 03301-4989

LLC's Operating Agreement New Hampshire

Unlike the LLC Formation Documents, the New Hampshire Operating Agreement doesn't have to be mailed in. It is simply an agreement between LLC members regarding how an LLC should be managed. As such, it notes who the LLC members are, what percentage of the business they own, and outlines their membership interests. This is a fluid, working document meant to change as the business expands.

When creating an LLC, you must also file for a federal tax ID number (EIN), abide by all LLC tax registration requirements, and keep your LLC in good standing.

For help with a NH business lookup, post your job listing on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.