New Hampshire LLC Filing

First of all, your business needs a name. Not just any name will do. According to NH Revised Stat. § 304-C:32, every New Hampshire LLC name must:

• Include “limited liability company,” or an abbreviation thereof, such as “LLC.”
• Be one-of-a-kind among registered business names in New Hampshire.
• Not contain language suggesting that your business is something it’s not, such as a government agency or a charity.
• Not use the name of a political party unless you have written consent from a representative of that party.

Already have a business name? Check to see if it’s available.

Next, you need to appoint a registered agent. A New Hampshire registered agent is appointed by a business to accept service of process (legal summons, subpoenas, or complaints) on the business’s behalf. You’re required by New Hampshire law to maintain a registered agent for your LLC. You could hire a registered agent service, appoint someone you know, or serve as your own registered agent. You will need to include your registered agent’s name and address on the Certificate of Formation.

Learn why the pros use a registered agent service.

To make your New Hampshire LLC official, you need to fill out and submit a form called the Certificate of Formation to the Corporations Division and pay a $100 fee. You can file your Certificate of Formation online, by mail, or in person.

Note: All of the information on this form will become part of the public record.

You will need to provide the following information on the Certificate of Formation:

• Company name. Must include the phrase “limited liability company” or an abbreviation thereof, such as “LLC.”
• Principal office (optional). If you leave this blank, the registered office will be used as the principal office address. If included, this must be a physical street address.
• Mailing address (optional). You can use a P.O. box here if you want or leave blank.
• Business phone (optional). This will go on the public record, so you may prefer to leave it blank for privacy protection.
• Business email (optional). You can choose to have the Corporations Division email you Annual Reports reminders instead of mailing them. Again, if you include this, it will go on the public record.
• Business nature/purpose. You must be specific here about the type of business you’re starting. For example, “landscaping company,” or “tutoring program.”
• Registered agent. Someone designated to accept legal mail on behalf of your business.
• Registered office. This must be a physical street address in New Hampshire, not a P.O. box.
• Management structure. Here, fill in the blank to specify whether your LLC “is” or “is not” managed by managers.
• Manager/Member Info (optional). If you want, you can include your members’ or managers’ names and addresses here.
• Signature. Your Certificate of Formation can signed by a manager (if your LLC is manager-managed) or a member (if your LLC is member-managed). New Hampshire law also allows anyone authorized by the LLC, including a registered agent, to sign the Certificate of Formation instead of a member or manager.

An operating agreement is a legal document mapping out your LLC’s rules and procedures. It should cover all the important “big picture” issues that your LLC is likely to face—allocating profits and losses, voting on amendments, settling disputes, and more. Your operating agreement is an internal document, so you won’t file it with the New Hampshire Corporations Division. But if you don’t have one, your business will be governed by New Hampshire’s default laws for LLCs.

Check out our attorney-drafted New Hampshire LLC Operating Agreement.

An Employer Identification Number (EIN) is basically a social security number for a business. It’s the tax identification number assigned to businesses by the IRS. It is free to apply for an EIN directly from the IRS. Typically, you can get an EIN in just a few minutes by applying online. But if you don’t have a social security number, you will have to apply by mail, which can take several weeks.

Learn How to get an EIN for your LLC.

Once your LLC filing and EIN application have been approved, it’s time to open a business bank account. This is an important step because your LLC’s limited liability status depends on keeping your business finances separate. Why? Your LLC is considered a separate legal entity, with its own assets, interests, and liability. If your LLC’s funds are sitting in an owner’s personal bank account, you risk jeopardizing your limited liability status.

Remember to bring the following items with you when you open your business bank account:

• New Hampshire Certificate of Formation (a copy is fine)
• the LLC’s operating agreement
• the LLC’s EIN
• an LLC Resolution to Open a Bank Account (if your LLC has more than one member).

If your LLC has more than one member, use our free LLC Resolution to Open a Bank Account.

Your business can’t thrive on plucky entrepreneurial spirit alone—it also needs cash. Each of your members should make an initial investment in the LLC to pay for their membership interest. Members can do this by writing a check to the LLC bank account or by investing property or services to the LLC. Just keep in mind that if members invest property or services, there’s likely to be a tax event.

New Hampshire LLCs are required to file an annual report and pay a $102 filing fee each year. The annual report simply informs the New Hampshire Corporations Division if your business has moved or changed hands. You must file this report even if none of your business information has changed. If you’re late—even by a day—you’ll be charged a $50 late fee.

Scared you’ll forget? Let us file your NH Annual Report for you.