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Starting a New Hampshire LLC is a straightforward way to establish your business and gain liability protection. This guide explains how to form a New Hampshire LLC, including filing requirements, costs, taxes, and ongoing compliance obligations.
New Hampshire LLC quick facts
| Requirement | Details |
|---|---|
| Formation document | Certificate of Formation |
| Filing agency | New Hampshire Secretary of State |
| State filing fee | $100 by mail / $102 online |
| Registered agent | Required |
| Annual report due date | April 1 |
| Annual report fee | $100 by mail / $102 online |
| Late fee | $50 |
How to start a New Hampshire LLC in 6 steps
To start a New Hampshire LLC, you'll file a Certificate of Formation with the New Hampshire Secretary of State. If your business was formed in another state, you'll instead file an Application for Foreign Limited Liability Company Registration to register your foreign LLC in New Hampshire.
The steps below explain how to choose a business name, appoint a registered agent, file your formation documents, and meet New Hampshire's ongoing compliance requirements.
Step 1: Choose a name for your LLC
Before filing your Certificate of Formation, you'll need to choose a name for your New Hampshire LLC. The name must be distinguishable from other business entities registered with the New Hampshire Secretary of State.
If your preferred LLC name isn't available, New Hampshire allows businesses to register a trade name (DBA) for $50. A trade name lets your business operate under a different name than the legal name listed on its formation documents.
Free New Hampshire Business Name Check
Use our free name check tool to search the New Hampshire Secretary of State database and see if your business name is available.
By clicking "Check Availability," I agree to LegalZoom's Terms of Use. This search is a preliminary check of state databases and does not include variations or trademarks. Results do not guarantee name availability or compliance with legal requirements.
New Hampshire LLC Naming Requirements
Before filing your Certificate of Formation, you'll need to choose a name that meets New Hampshire LLC naming requirements.
- Your business name must include "Limited Liability Company," "LLC," or "L.L.C."
- Your name must be distinguishable from other businesses registered with the New Hampshire Secretary of State.
- Use the New Hampshire business name search tool above to check whether your desired LLC name is available.
If your preferred name is available but you're not ready to form your New Hampshire LLC, you can reserve the name for up to 120 days by filing a name reservation application and paying a $15 filing fee.
Step 2: Appoint a New Hampshire registered agent
Before filing your Certificate of Formation, you'll need to appoint a New Hampshire registered agent. New Hampshire law requires every LLC to maintain a registered agent and registered office within the state.
A New Hampshire registered agent must:
- Be an individual New Hampshire resident or a business entity authorized to do business in New Hampshire.
- Maintain a physical street address in New Hampshire (P.O. boxes are not permitted).
- Be available during normal business hours to receive legal and state correspondence.
The name and address of your registered agent must be included in your New Hampshire Certificate of Formation.
When forming a New Hampshire LLC, you can serve as your own registered agent, appoint another member of the LLC, or hire a professional registered agent service.
Step 3: File your certificate of formation
To form a New Hampshire LLC, you'll file a Certificate of Formation (Form LLC-1) with the New Hampshire Secretary of State. Out-of-state businesses registering in New Hampshire must file an Application for Foreign Limited Liability Company Registration (Form FLLC-1), while professional LLCs file Form PLLC-1.
What you need to file a New Hampshire LLC
| Requirement | Details |
|---|---|
| Formation document | Certificate of Formation (Form LLC-1) |
| Filing fee | $100 by mail / $102 online |
| Filing method | Online through QuickStart or by mail |
| Filing agency | New Hampshire Secretary of State |
| Processing time | Typically within 30 days by mail |
Step 4: Create an operating agreement
New Hampshire does not require LLCs to create or file an operating agreement with the Secretary of State. However, many business owners choose to create an operating agreement because it establishes ownership rights, management responsibilities, and procedures for operating the company.
An operating agreement can help clarify:
- Ownership percentages
- Management structure
- Voting rights
- Profit and loss distributions
- Procedures for adding or removing members
Even single-member LLCs often create operating agreements to document how the business will operate and reinforce the separation between the company and its owner.
Step 5: Obtain a federal tax ID
An Employer Identification Number (EIN) is used to file taxes, hire employees, apply for business financing, and open a business bank account.
You can apply for an EIN directly through the IRS website at no cost. Online applications are typically approved immediately, while mailed applications can take several weeks to process.
If you'd rather not handle the application yourself, LegalZoom can help you obtain an EIN as part of the LLC formation process.
Starting a business takes courage. LegalZoom makes sure the legal details don’t stand in your way, from the day you register until the day you retire.
Step 6: Open a business bank account
After forming your New Hampshire LLC and obtaining an EIN, open a dedicated business bank account.
Keeping your personal and business finances separate can help simplify bookkeeping, support liability protection, and make it easier to manage your company's finances as it grows.
Banks may require your Certificate of Formation and EIN when opening a business bank account, so have those documents available before applying.
New Hampshire LLC Compliance Requirements
Forming your New Hampshire LLC is only the first step. To keep your business in good standing, you'll need to comply with ongoing state requirements, including annual reports, business taxes, and any required licenses or permits.
New Hampshire Annual Report Requirements
New Hampshire LLCs must file an annual report with the New Hampshire Secretary of State each year to keep their business information current.
Annual reports are due by April 1 following the year your LLC was formed. The filing fee is $100, and late filings are subject to a $50 penalty.
Filing your annual report on time helps keep your New Hampshire LLC in good standing with the state.
| Requirement | Details |
|---|---|
| Filing agency | New Hampshire Secretary of State |
| Due date | April 1 |
| Filing fee | $100 |
| Late fee | $50 |
New Hampshire LLC Taxes
New Hampshire LLCs may be subject to state business taxes, including the Business Profits Tax (BPT) and Business Enterprise Tax (BET). New Hampshire does not impose a personal state income tax, which means LLC owners generally do not pay state income tax on pass-through income.
You can register for and pay New Hampshire business taxes through Granite Tax Connect, the New Hampshire Department of Revenue Administration's online filing portal.
New Hampshire Business Licenses and Permits
Depending on your industry and location, your New Hampshire LLC may need state or local business licenses and permits before operating.
Common licensing agencies include:
- New Hampshire Department of Revenue Administration
- New Hampshire Department of Environmental Services
- New Hampshire Department of Health and Human Services
Certain professions may also require professional licenses. Contact your local municipality and any applicable state agencies to determine which licenses or permits your business needs.
Find the right state to form an LLC
Find the right state to form an LLC
Every state has different rules, costs, and considerations for LLC formation.
LegalZoom can help you file your state's formation paperwork for as little as $0 + state filing fees.
New Hampshire LLC FAQs
What is a New Hampshire LLC?
A New Hampshire LLC is a type of business structure that provides liability protection for its owners while offering flexibility in how the business is managed and taxed. LLC owners, called members, generally are not personally responsible for the company's debts and obligations.
How much does it cost to start a New Hampshire LLC?
The New Hampshire filing fee for a Certificate of Formation is $100 by mail or $102 online. Additional costs may apply if you reserve a business name, hire a registered agent, obtain business licenses, or use a business formation service.
How long does it take to form a New Hampshire LLC?
New Hampshire LLC filings submitted online are processed within a few business days, while mailed filings may take up to 30 days. Expedited processing is available for an additional fee.
Can I start a New Hampshire LLC if I don't live in New Hampshire?
Yes. You do not need to be a New Hampshire resident to form a New Hampshire LLC. However, every LLC must maintain a registered agent with a physical address in New Hampshire.
Does New Hampshire require an annual report for LLCs?
Yes. New Hampshire LLCs must file an annual report with the New Hampshire Secretary of State by April 1 each year. The filing fee is $100, and late filings are subject to a $50 penalty.
Do I need a registered agent for a New Hampshire LLC?
Yes. New Hampshire law requires every LLC to maintain a registered agent and registered office within the state. The registered agent must have a physical address in New Hampshire and be available during normal business hours to receive legal and government correspondence.
How do I register a foreign LLC in New Hampshire?
To register a foreign LLC in New Hampshire, file an Application for Foreign Limited Liability Company Registration (Form FLLC-1) with the New Hampshire Secretary of State. The filing fee is $100 by mail or $102 online.
How do I form a professional LLC in New Hampshire?
Licensed professionals can form a New Hampshire Professional LLC (PLLC) by filing a Certificate of Formation for a Professional LLC (Form PLLC-1) with the New Hampshire Secretary of State. The filing fee is $100 by mail or $102 online.
How do I dissolve a New Hampshire LLC?
To dissolve your LLC in New Hampshire, file a certificate of cancellation (Form LLC-7) online or by mail for a $35 filing fee. LegalZoom also offers a business dissolution service that can help ensure that your certificate is filed accurately.
Who should consider forming a New Hampshire LLC?
A New Hampshire LLC may be a good choice for contractors, landscapers, consultants, real estate investors, online sellers, tradespeople, and other small business owners who want liability protection while maintaining flexibility in how their business is managed and taxed.
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