How to Start an LLC in New Hampshire
The essentials of starting an LLC in New Hampshire include naming your business, choosing a registered agent and filing a Certificate of Formation. Yet once your LLC is formed, you should still take additional steps to ensure your business is prepared for success.
Step 1: Name Your New Hampshire LLC
You can’t register your New Hampshire LLC, or do anything else with it, until you give it a name. Be as creative as you can, and keep the following rules and considerations in mind.
What are New Hampshire’s business name requirements?
Below is a summary of New Hampshire’s LLC naming regulations. Your LLC name must:
- Contain the words “limited liability company” or an abbreviation like “L.L.C.” or “LLC.”
- Not contain language indicating the LLC is formed for a purpose that’s not authorized by law or allowed by its Certificate of Formation.
- Not suggest any government affiliation.
- Not use “grossly offensive” words, nor can you use certain words without specific approval from state departments. For instance, using the words “bank” or “credit union” requires approval from the New Hampshire Banking Department.
- Be distinguishable from other existing businesses formed, registered, or reserved with the state. Articles like “a” “an,” or “the” are not enough to make something distinguishable, and neither are plural forms.
How do I know if my LLC name is unique in the state?
- You can try looking up your name on the New Hampshire business search website. You may also email the New Hampshire Department of State’s Corporation Division at [email protected] or call 603-271-3246. Availability checks are done as a courtesy and don’t guarantee the name will be accepted once you submit your formation paperwork.
Are others using the name online?
- If your preferred name is available, consider checking to see if anyone is using it as a domain name. If your business name is already taken, it’s worth reconsidering your brand strategy early in the process. That way, when your business launches, the brand presence remains consistent and doesn’t confuse potential customers.
- When you hire Registered Agents Inc to form your New Hampshire LLC, we can register your domain name, set up your business website, and more in minutes.
Can you register the name as a trademark?
- Later on, you may decide to pursue trademark registration. A federal trademark for your LLC name and/or company logo protects it from being used by anyone else in the country. We can assist you via our attorney-led service that includes a clearance check and continued support should any obstacles to registration arise.
Step 2: Choose a New Hampshire Registered Agent
Your business is required to have a registered agent. That New Hampshire registered agent accepts legal mail on behalf of your business. That legal mail includes service of legal process notices, which means that your business is getting sued. Therefore, you shouldn’t just hire anyone to act as your registered agent.
Either a person or business entity can be a registered agent in New Hampshire. In both cases, they must have a physical address within the Granite State. If you decide to use a business entity, it must be authorized to do business in New Hampshire.
Can I use myself as a registered agent in NH?
You can if you’re a resident of New Hampshire with a physical street address, and if you don’t mind staying at that street address most of the business day and having your address listed on the public record. If either of those conditions give you pause, you can hire a registered agent service to deal with legal mail instead.
Step 3: File NH Certificate of Formation
To officially form an LLC in New Hampshire, you’ll submit a New Hampshire Certificate of Formation to the New Hampshire Department of State’s Corporation Division. You must also pay a $100 filing fee.
1
Business name
Use an accepted indicator like “LLC.”
2
Principal business information
This is optional. If you don’t list your address, your registered agent’s address will automatically be used instead.
3
Nature of business
You have to get a little descriptive here and write something like “software consulting and development.” Some states let you write “any lawful activity,” but New Hampshire is not one of them.
4
Registered agent information
List a name and physical New Hampshire office address.
5
Management
If you’re using a manager-managed structure, write “is” in the blank space. If your LLC will be managed by members instead, write “is not.”
6
Manager/member info
List the names and business addresses of all members or managers that you wish to be placed on the record.
7
Signature
You can get a signature from a manager, member, or anyone else authorized by the LLC to sign here.
Ready to create your LLC in New Hampshire?
We’ll set up your entire business in minutes.
Step 4: Set Up Business Operations
Once New Hampshire approves your formation paperwork, you’ll officially have an LLC. That said, you’ll need to check a few more items off the to-do list. These items are crucial to both setting up your business and maintaining your limited liability.
Draft an operating agreement.
An operating agreement is a detailed handbook for your LLC, one that includes everything about how it should operate on a day-to-day basis. Your operating agreement will cover topics like how voting works and how the LLC will be managed. This is an internal document, so there’s no need to file a copy with the state. But when you want to open a business bank account, you should still bring a copy of your agreement to the bank.
Get an EIN.
An Employer Identification Number (EIN) can be obtained through the IRS. They’re important for opening a bank account and hiring employees. If you’re a single-member LLC, you can choose to use your personal Social Security number, but doing so is more of a security risk.
Establish a business bank account.
Separating your business and personal funds is crucial to maintaining your LLC’s limited liability. Getting a business bank account is a necessary part of this process.
Get business licensing or permits.
Your business may need a tax operator’s license, and you can find out more by visiting the New Hampshire Dept. of Revenue Administration website. Depending on the type of business you’re running, you may also need additional certification, registration, or accreditation. In addition, it’s a good idea to contact your city or county for information about any necessary local licensing or permits.
Step 5: File BOI Report
As of 2024, the Corporate Transparency Act requires most businesses to file a Beneficial Ownership Information (BOI) Report.
BOI Reports are a tool in the government’s fight against fraud and money laundering in the business world. For the report, you must list information about people with a significant amount of control or influence over the business, also known as beneficial owners. If your LLC was formed after January 1, 2024, you must also list information about the person or entity who filed your LLC’s formation paperwork.
Not excited about the prospect of more paperwork? We can file the BOI Report on your behalf when you hire us to form your New Hampshire LLC.
Note: On December 26, 2024, the U.S. Court of Appeals paused the BOI reporting requirement, citing constitutional concerns. While it’s not mandatory for now, we’re still ready to assist you. Check back for more updates and future filing deadlines as they become available.
Frequently Asked Questions
Are LLCs taxed in New Hampshire?
Yes. Your LLC may have to pay the New Hampshire Business Enterprise Tax (BET) or the Business Profits Tax (BPT). The BET threshold is updated every other year, and for 2023 and 2024, the threshold is $281,000 for either gross receipts from all activities or enterprise value tax base. For the BPT, all organizations with gross business income of more than $103,000 must file a return as of 2024.
How much does it cost to start an LLC in New Hampshire?
It costs $100 to file a Certificate of Formation and form your LLC.
How do you form an LLC in New Hampshire?
The document that forms your New Hampshire LLC is called a Certificate of Formation. You need a business name and a registered agent before you can submit the certificate. You also have to pay a $100 filing fee.
How do I contact the New Hampshire Secretary of State?
If you have business filing questions, here’s how you can contact the New Hampshire Secretary of State’s office:
Phone: 603-271-3246
Fax: 775-684-5724
Physical & Mailing address:
Corporation Division
Department of State
107 N Main St.
Concord, NH 03301-4989