You'll have an LLC in New Hampshire before you know it with this handy guide.
Ready to start your business? Plans start at $0 + filing fees.
updated September 1, 2023 · 5min read
A limited liability company (LLC) offers liability protection and tax advantages, among other benefits for small businesses.
LLC formation in New Hampshire is easy. Just follow these seven steps and you'll be on your way.
You'll need to choose a name to include in your articles before you can register your LLC.
Names must comply with New Hampshire naming requirements. The following are the most important requirements to keep in mind:
See a complete listing of New Hampshire's naming rules.
New Hampshire requires you to appoint a registered agent for your LLC.
A registered agent is the LLC's official contact. This is the person or entity who will receive legal documents, government correspondence, tax forms, as well as notice of lawsuits on the LLC's behalf.
A registered agent can be a person (including yourself or an employee of your LLC), or an entity that offers a registered agent service. They must meet the following criteria:
The certificate of formation (also known as the articles of organization in most states) is a document that officially establishes your LLC by laying out basic information about it.
Prepare certificate of formation and file them with the New Hampshire State Corporate Commission to properly register your New Hampshire LLC. Though it sounds like a big job, that simply means filling out a relatively simple online form and submitting it. You can also send it by mail.
To prepare your certification, you'll usually need the following information:
Once you file your certificate of formation, the secretary of state will review the filing. If the certificate is approved, the LLC becomes a legal business entity.
You can file your certificate of formation online or via mail. The state will issue you a certificate that confirms the LLC formally exists after the LLC's formation documents are filed and approved.
This certificate will allow the LLC to obtain an Employer Identification Number (EIN), business licenses, and business bank account.
An operating agreement is a document that outlines the way your LLC will conduct business.
New Hampshire doesn't require an operating agreement, but it is an essential component of your business. Having a readily accessible, written operating agreement is helpful for a variety of reasons including settling disputes that may arise over financial agreements and other potential litigation. Without an agreement in place, the courts make determinations based on state law, not necessarily what is in the best interest of the LLC and its members.
The operating agreement can include, but is not limited to, the following:
In New Hampshire, licenses are mandated at the local level. Certain businesses are required to get a business license and permit to operate as an LLC.
The nine-digit Employer Identification Number (EIN) is assigned by the Internal Revenue Service to identify your LLC for taxes. You can obtain your EIN by mail or online through the IRS.
The purpose of an EIN is to assist with the following:
Registering your LLC gives you a legal foundation to conduct business. Plan to keep your LLC compliant and in active status on the state's website.
This might include making quarterly tax payments and/or filing an annual report. In New Hampshire, an annual report must be filed with the Secretary of State on or before April 1 every year. You also need to maintain a registered agent for your business.
A registered LLC also makes it possible for you to do the following:
by Rudri Bhatt Patel
Rudri Bhatt Patel is a former attorney turned writer and editor. Prior to attending law school, she graduat...
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