LLCs in New Hampshire are affordable and easy to form. And as with the states, the State of New Hampshire has some unique state-specific requirements.
Interested parties must register with the Secretary of State by filing the necessary forms, paying the necessary fees and meeting all naming and formation requirements.
The specifications required of a New Hampshire LLC are:
Registration. Registrants must file a Certificate of Formation with the Secretary of State. The articles must include pertinent information such as:
- LLC name
- Nature of business
- Name and address of registered agent
- Dissolution date, if applicable
- Type of management (member-managed or manager-managed)
- Member or manager name, title and dated signature
All documents submitted must be accompanied by the payment for the filing fee.
Forms and fees. LLC registrants are required to file a Certificate of Formation accompanied by the necessary filing fee of $100 to the Secretary of State.
Timeline. The usual processing time for LLC document filings is between seven to 14 days.
Naming requirements. LLC naming requirements can be confusing. However, the easiest way to ensure that your LLC name will be approved is to make it distinguishable from other LLCs. Most states have a list of specific words that are required in the LLC name. You may opt to have a preferred name checked for availability before filing your LLC formation documents with the Secretary of State.
Formation requirements. To form an LLC, a registrant must first file a Certificate of Formation with the Secretary of State.
An LLC with more than one member is also strongly advised to have a limited liability operating agreement among its members.
Should your LLC offer professional services, you may have to obtain certain licenses and permits from the state’s professional licensing boards.
Starting an LLC in New Hampshire
Before you begin the registration process for an LLC in New Hampshire, it’s important to know what an LLC is and whether or not it is a viable business structure for your company, so be certain to read up on the definition and benefits of an LLC.
These steps will guide you through the LLC registration process with the New Hampshire Secretary of State:
1. Decide on a name for your business. You can choose any name for your LLC as long as it ends with “Limited Liability Company” or any variation of its abbreviation—e.g., LLC or L.L.C.
A name may be reserved for up to 120 days. You must file a name reservation application with the Secretary of State. All requests must be accompanied by the $15 filing fee. Be sure to include the name to be reserved, nature of your business, entity type and the applicant’s name, address, email, phone number, title and dated signature.
A preferred name may be checked for availability by accessing the Secretary of State’s website.
2. Assign an agent for service of process. Registered agents are individuals or corporations authorized to do business in the state and which have permanent addresses in New Hampshire. Registered agents accept legal documents on behalf of the LLC and make sure its members are notified.
3. Get an Employer Identification Number (EIN) from the IRS. If there are two or more members in your LLC, your company will need to obtain an EIN from the IRS, for tax purposes.
4. Create an operating agreement. Although LLCs in New Hampshire are not required to have a limited liability company operating agreement, it is wise to have one in place with other members should your LLC have more than one member. The State of New Hampshire recognizes limited liability company operating agreements as governing documents.
5. Familiarize yourself with the LLC’s continuing legal obligations, specifically annual reports. Reports are filed with the Secretary of State on or before April 1 every year. Reports may be done online or by mail and must include payment for the $100 filing fee. There is a $50 penalty fee for late reports.
Make sure that your LLC, should it offer professional services, meets state legal requirements.
Continuing legal obligations may vary with each state. Please note that other continuing legal obligations may include, but are not limited to, state taxes, annual or biennial reports and so on.
Filing an LLC and Fees
Following are the forms and fees that are required when starting an LLC in New Hampshire:
1. Forms. Complete and submit a Certificate of Formation with the Secretary of State. All documents submitted must be accompanied by the payment for the necessary filing fee.
2. Fees. The filing fee for Articles of Organization is $100. This must be paid upon submission of the documents to the Secretary of State.
3. Limited liability company operating agreement. Although the LLC operating agreement will not be submitted to the Secretary of State, it is a good idea to have one in place for LLCs with more than one member. This document should be kept on file by the registered agent.
4. Taxes. LLCs in New Hampshire are treated as corporations, limited liability partnerships or single-member LLCs and are subject to federal income tax classifications. Depending on the type of taxation you opt to have for your LLC, you will have different federal tax responsibilities.
You should always make sure to acquaint yourself with the state laws regarding taxation. Your LLC may be subject to other taxes depending on the kind of services your LLC may offer.
Interested in forming an LLC in New Hampshire? LegalZoom provides LLC formation and filing services, including providing a registered agent in New Hampshire.
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.