How to Form a New Hampshire LLC
By Bazal Razzaq
Updated: September 13, 2023, 12:30pm
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- Pick a name for your New Hampshire LLC
- Prepare a business plan for your LLC
- Appoint a registered agent for your LLC
- Prepare and file your Articles of Incorporation
- Apply for a federal Employer Identification Number with the IRS
- Create an Operating Agreement
- Submit your Statement of Information(annual report) annually
- Final Word
- How To Form An LLC In 50 States
- Frequently Asked Questions (FAQs)
Looking for ways to form an LLC in New Hampshire? You’re at the right place! Our comprehensive guide provides in-depth, meaningful, and factual information so your NH LLC formation process becomes much easier!
#1 Pick a name for your New Hampshire LLC
The very first step in this process is to pick a name for your New Hampshire LLC. When naming your business in the state, you need to follow certain requirements and regulations. Here are some basic naming guidelines for an LLC in New Hampshire:
- The name you choose for your should be unique and distinguishable from other business entities registered in the state. This helps prevent confusion among consumers and businesses in the market.
- Your LLC’s name should include a proper designator that confirms its limited liability status. You can use variations like “Limited Liability Company,” “Limited Company,” “LLC,” or “L.L.C.”
- Don’t forget that certain words like “bank,” “insurance,” and “university” imply a connection to government authorities or entities that may require additional documentation or approval.
- Words that suggest illegal activities or mislead the public are generally not allowed in LLC names. Similarly, you should avoid using vulgar or obscene words that may land you in a legal mess.
- Before officially registering your LLC’s name, you can use the New Hampshire Secretary of State’s business name database to check its availability. This will help you ensure that the name you want is not already in use. You can also check the US Patent and Trademark Office’s site for federal trademarks.
- Depending on your business, you may need to include professional designations or other relevant information in your LLC’s name. For example, if your LLC provides legal or medical services, specific requirements might apply.
If you have a unique and legally compliant name in mind but aren’t ready to register your LLC officially just yet, you can consider reserving your name by filing an Application for Reservation of Name. The expected fee is $15, and it needs to be submitted by postal mail. Using the form above, you can hold your chosen name for up to 120 days.
While it isn’t a mandatory requirement in Idaho to use a fictitious name(more popularly known as “DBA”), you can still consider it. If you want to use a trade name, you need to officially register it with the New Hampshire Secretary of State. This registration is done by submitting an Application for registration of Trade Name(Form TN-1) either online or through the mail. The filing fee is $50.
It’s essential to follow these naming requirements to ensure a smooth registration process for your Idaho LLC.
#2 Prepare a business plan for your LLC
It goes without saying, but creating a business plan provides new entrepreneurs an opportunity to specify their goals and figure out a strategy to reach them effortlessly.
A well-crafted business plan offers several benefits, such as strategic decision-making, risk management, and scope for continuous improvement for entrepreneurs and businesses.
Here’s a quick overview of what you can include in your LLC business plan,
- Highlight a brief overview of your LLC, its mission, goals, and objectives.
- Provide detailed information about your business, its products or services, and the target market.
- An industry and competition assessment to determine your market position.
- The structure of your LLC and the roles of key team members.
- Outline in-depth descriptions of what your LLC offers and how it addresses customer needs.
- This section will include how you plan to market your products or services and attract customers.
- If you need funding, mention the amount required and how you plan on using it.
- You must include projected financial statements, income statements, balance sheets, and cash flow statements.
- Any additional information, such as resumes of key team members, product images, or market research data.
#3 Appoint a registered agent for your LLC
Your immediate next step in the NH LLC formation process should be appointing a registered agent to accept and receive official government correspondence, lawsuits, financial documentation, and notices on behalf of your business. Then, this agent will forward all the notifications and paperwork to the appropriate owners/members or managers of the LLC.
You have the following choices when it comes to choosing a statutory agent for your NH LLC:
- Be your own registered agent.
- Pick another registered business entity.
- Hire a registered agent service.
- Choose an individual within the company(manager/employee/member)
- Hire an Attorney, lawyer, or legal facility.
The list doesn’t end here; there are plenty of other legal requirements a registered agent or a registered agent service needs to take care of, like,
- Provide a valid street address in New Hampshire.
- Be present during regular business hours (9:00 AM to 5 PM) to receive legal documents
- Agree to be the LLC’s official point of contact.
- Be at least 18 years old.
- Reside in New Hampshire or have authorization to do business there.
- Be an individual or a business entity authorized to operate in New Hampshire.
#4 Prepare and file your Articles of Incorporation
To formally register your LLC in NH, you need to file and submit your Certificate of Formation document with the NH Department of State. This document is basically a legal document that lays out and registers all the basic information about your LLC.
Some details you can include in your form are,
- Name of your LLC.
- Address of main office.
- Purpose of the LLC.
- Start date.
- Duration (ongoing or limited).
- Effective date of articles.
- Registered agent’s name and address.
- Duration type (perpetual or specific).
- Initial manager/member info.
- Management Structure: whether member-managed or manager-managed?
- Organizer’s details and signatures.
Corporation Division, NH Dept. of State
107 N. Main St., Rm. 204
Concord, NH 03301
The filing fee is $100, payable to the State of New Hampshire.
#5 Apply for a federal Employer Identification Number with the IRS
A federal Employer Identification Number is a unique nine-digit number used to identify your LLC for taxation purposes. It is assigned by the Internal Revenue Service(IRS), and you can obtain one by simply applying online or downloading the form and then mailing it to the address below,
Internal Revenue Service
Attn: E.I.N. Operation
Cincinnati, OH 45999
Fax: (855) 641-6935
An EIN identifies a business entity and keeps track of a business’s tax reporting. It’s like a Social Security number (SSN) for the company.
You need a federal EIN if your LLC plans on,
- Hiring employees
- Opening professional business bank accounts
- Applying for business licenses and permits
- Meeting federal and state tax obligations
- And generally smoothly conducting day-to-day business operations
#6 Create an Operating Agreement
An operating agreement is a document outlining the operations, operating, and ownership procedures of the LLC. Moreover, it also includes the rights, roles, and responsibilities of the members/owners.
An agreement for a NH LLC should include details such as,
- Name and main address of the LLC
- How long the LLC will exist
- Name and address of the registered agent
- Details about the Articles of Organization
- The main purpose of your LLC
- Members/owners and their shares/contribution
- Allocation of profits and losses.
- The whole process outlines how new members will join, and old members will leave
- Meetings and Voting Rights
- How the LLC is run
- Dissolution and Winding Up
- Indemnification and liability clauses
- Dissolution and winding up
Remember that a well-drafted agreement is a valuable asset in case of disputes or legal troubles, and if there’s no agreement in place, the courts will base the judgment on the state regulations, which may not always align with what’s best for the LLC and its members/owners. Additionally, in New Hampshire, it’s either way a recognized governing document for legal purposes, so having one in place is only an advantage!
#7 Submit your Statement of Information(annual report) annually
In New Hampshire all LLCs are required to file an annual report with the New Hampshire Department of State. You can submit it online with a filing fee of $100.
The reports are due by April 1 each year. The state charges a $50 penalty if you miss the filing deadline. If you fail to do it for two years, NH will dissolve your LLC. You also can’t file a new annual report if the prior year’s report was not filed.
Finally, once you’re done forming an LLC in NH, don’t just sit back and relax but focus on properly complying with the state and regulatory authorities.
With your legally registered LLC, you can finally focus on completing the following formalities,
- Get needed permits and licenses, like health or zoning permits and pro licenses.
- Register with the state’s tax agency.
- Open a business bank account.
- Get a business credit card.
- Buy business insurance.
- Safeguard your name and logo with a trademark.
- Buy a web domain for your business.
Also, if you plan on hiring employees for your LLC, you need to stay compliant and focus on doing the following,
- Obtain your EIN (Employee Identification Number).
- Ask your employees to fill out the Employee Eligibility Form.
- Set up a process for the collection and payment of taxes.
- Make sure you have workers’ compensation insurance.
- Report to the state about new hires within 20 days of hiring them.
And that’s a wrap! That was all you needed to know before forming that LLC in New Hampshire.
Frequently Asked Questions
The main steps include choosing a unique name, appointing a registered agent, filing Articles of Organization with the NH Department of State, creating an operating agreement, and obtaining necessary licenses or permits.
An LLC business structure offers personal liability protection and flexible management. Setting up an LLC in New Hampshire can help safeguard your personal assets and simplify your business taxation.
You’ll need to provide your LLC’s name, its purpose, the principal address, registered agent details, management structure (member-managed or manager-managed), and effective date