How to Start an LLC in New Hampshire: Best Guide

A limited liability company is a legal way to structure a business.

Moreover, any business owner who seeks to limit their liability for business debts and lawsuits should consider forming an LLC.

As a new LLC business owner in New Hampshire, there are procedures and steps to setting up an LLC.

These procedures include everything that will keep your business up and running.

So in this article, you will learn about the ultimate guide on how to start an LLC in New Hampshire with ease.

How To Start An LLC in New Hampshire

Here is a step-by-step guide on how to start an LLC in New Hampshire:

Choose a Name for Your LLC
Appoint a Registered Agent
File Certificate of Formation
Prepare an Operating Agreement
Obtain an EIN (Employers Identification Number)
File an annual report

Choose a Name for Your LLC

Under New Hampshire law, all LLC names must contain the words: “Limited Liability Company” or its abbreviation “L.L.C.,”

However, your LLC’s name must differ from other business entities already on file with the New Hampshire Secretary of State Corporation Division.

Also, you can check for name availability at the New Hampshire Secretary of State business name database.

In addition, you may reserve a name for 120 days by filing an Application for Reservation of Name with the New Hampshire Secretary of State.

Kindly note that the application must be filed by mail, costing $15.

Furthermore, you can register your fictitious trade name with the New Hampshire Secretary of State by filing an Application for Registration of Trade Name (Form TN-1). You may register online or by postal mail for $50.

Appoint a Registered Agent

Every LLC in New Hampshire must have an agent to service the process.

More so, this agent is an individual or business entity that agrees to accept legal papers on the LLC’s behalf if it is sued.

In addition, the registered agent may be a New Hampshire resident or a corporation, LLC, or limited liability partnership approved to do business in New Hampshire.

However, the registered agent must have a physical street address in New Hampshire.

File a Certificate of Formation

An LLC in New Hampshire is established by filing a Certificate of Formation of a New Hampshire Limited Liability Company with the New Hampshire Secretary of State.

Meanwhile, the Certificate must include:

the LLC’s name
the LLC’s office address, email address, and business phone
the nature of the LLC’s business–you must be specific, for example: “software development.”
the name and address of the LLC’s registered agent
whether managers will run the LLC
a list of all managers or members, and
the signature of the LLC’s manager, if any, or a member.

However, the certificate may be filed online or by mail for $100.

Prepare an Operating Agreement

Though an LLC operating agreement is not required in New Hampshire but is highly recommended.

Meanwhile, this is an internal document that establishes how your LLC will be run. It sets out the rights and responsibilities of the members and managers, including how the LLC will be managed.

Also, it can help preserve your limited liability by showing that your LLC is a separate business entity.

However, in the absence of an operating agreement, state LLC law will govern how your LLC runs.

Obtain an EIN (Employer’s Identification Number)

More so, if your LLC has more than one member, it must obtain its own IRS Employer Identification Number (EIN), even if it has no employees.

In addition, if you form a one-member LLC, you must obtain an EIN for it only if it will have employees, or you elect to have it taxed as a corporation instead of a sole proprietorship (disregarded entity).

However, you may obtain an EIN by completing an online EIN application on the IRS website at no filing fee.

File Annual Reports

Finally, you must file an annual report for your New Hampshire LLCs and foreign LLCs to show it is authorized to do business in the state.

However, the report must be received by the Secretary of State before April 1.

Also, the filing fee is $100.

Furthermore, the report must be filed online through the New Hampshire Annual Report Online Filing web page.

How to Start A Foreign LLC in New Hampshire

If you have an existing LLC and you want to extend the business to New Hampshire, you need to register as a foreign LLC.

This is because forming a foreign LLC allows your company to operate as one entity in multiple states. If you have an existing LLC and want to do business in New Hampshire, you must register as a foreign LLC. This can be done online or by mail.

Conclusion

The first step to take on how to start an LLC in New Hampshire is to do a name search and reserve your name.

However, you must note that another business must not have used the name you choose for your LLC and ensure that the domain name is also available.

Also, you have to choose a registered agent, file a certificate of formation, prepare an operating agreement, obtain an EIN and file an annual report.

In addition, you must comply with other additional tax and regulatory requirements as stated under the law of New Hampshire’s LLC.

We hope you find this guide on how to start an LLC in New Hampshire helpful. There might be a need for you to see this checklist.