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Included In All LLC Packages

  • Verify Company Name Availability
  • Preparation & Filing of Articles
  • Next Business Day Processing
  • Registered Agent Service (1st Year FREE)
  • Lifetime Company Alerts
  • Online Order Status Tracking
  • Free Business Tax Consultation
  • Lifetime Customer Support
  • Online Access to incorporation Documents
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Paperwork Completed By a Professional

Your documents will be prepared by an industry professional and filed directly with the Secretary of State. Follow the process with an Online Order Tracking System.

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With next business day processing you will receive notification your LLC is active as soon as it is approved by the State.

How to Start a New Hampshire LLC: New Hampshire and its Many Business Benefits

There are many requirements that go into getting your New Hampshire LLC up and running, some of which can be overwhelming for new business owners.

However, with the right support, you’ll be able to successfully form your New Hampshire LLC so you can start doing business as a limited liability company. Below you will find an overview of each step:

What is A Limited Liability Company (LLC)?

An LLC, also known as a limited liability company, is a type of business entity that grants business owners personal liability protection in the case of debts or lawsuits. If your New Hampshire LLC is sued or goes into debt, the LLC business structure protects your personal bank accounts, properties, vehicles, and other possessions from the debt or lawsuit.

When you start an LLC, this means that creditors or lawsuits can only go after the LLC itself, not anything that you own separately from the LLC. Unlike a sole proprietorship where you can be held personally accountable, your New Hampshire LLC keeps you safe as long as your LLC is in good standing.

What are the Benefits of Opening an LLC in New Hampshire?

You may not actually want to start a New Hampshire business. Instead, you may want to use the New Hampshire LLC to hold assets such as an aircraft, real estate, or vehicles under the LLC rather than in your name. Luckily, the state of New Hampshire allows you to form an LLC for this purpose.

Forming a New Hampshire LLC is a smart choice for anyone wanting to start a business in the state of New Hampshire. An LLC provides you with not only personal liability protection, but also with ways to save money on business taxes.

New Hampshire LLC formation has nine easy steps:

1. Complete an LLC Name Search

2. Select a Registered Agent

3. Obtain a Certificate of Formation

4. Create an LLC Operating Agreement

5. Get an EIN Number

6. Open a Business Bank Account

7. Complete an Annual Report

8. Obtain a Business License

9. File Your LLC Taxes

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1. Choose A Name for Your New Hampshire LLC

Before completing any New Hampshire LLC forms you must first think of a company name. New Hampshire is very strict in what you can choose as a name for your LLC. When thinking of a name for your New Hampshire LLC, you must follow a few requirements:

1. You must use LLC somewhere in your chosen name. You can use “LLC” or “L.L.C.” Most people use LLC at the end of the business title.

2. You can’t use the words “Incorporated”, “Corporation”, “Inc.” or Corp.” in your chosen name. An LLC in New Hampshire isn’t a corporation or incorporated. Thus, the state won’t allow you to mislead anyone.

3. Create a distinguishable name for your New Hampshire business. This means the name must be distinct and different from anyone else’s LLC name in the state of New Hampshire. Changing the grammar or using an identifier at the end of your LLC name won’t make it different and unique from other businesses with a similar name.

For example, if you use “&” instead of “and” in a business name that is similar to another business, then the state will reject it.

Conduct A Name Search for Your New Hampshire LLC

Once you have a list of potential business names for your New Hampshire LLC, you can complete the first step.

Step 1 requires you to search the New Hampshire name database through the New Hampshire Secretary of State. The New Hampshire Secretary of State requires you to do this to ensure that no one is using your potential business name. The quickest way you do this is by visiting the database called the “Business Name Search” page on the New Hampshire Secretary of State website.

The second thing you’re required to do is input your potential company name into the database. Make sure “Starts with” is selected. Input your chosen name into the “Business Name” field.

The last step is to hit the “Search” button. It doesn’t matter if you use lowercase or uppercase when you’re entering your chosen name. Avoid using “LLC” or “LLC” and any punctuation out of the search.

How to Know if Your LLC Name is Available

For a successful search, you must be thorough. Entering the first couple words of your chosen name will be enough to determine if another New Hampshire business has the name you want to use. After you hit the “Search” button, browse the list of businesses with the same and/or similar names as your chosen name.

You may find the following:
  • The results show the names aren’t too similar to yours. This means you can use your chosen name.
  • If the “No data found with your search criteria” message pops up, then you can use the potential name for your business.
  • If your chosen name appears on the results list exactly as you entered it, then your chosen name isn’t available for you to use.
  • If your results show that your chosen name is considered “deceptively similar” to the name you want to use, then it’s not available. You’ll either need to think of another name or think of a more creative name that is not too similar.

Can My New Hampshire LLC Name be Rejected?

If your chosen name is not available and you fail to do a name search, then your LLC will be rejected and your filing fee may not be refundable. It’s important to conduct a name search because your LLC request will be rejected if you submit your New Hampshire LLC forms with a similar or identical name.

Never apply for your Federal Tax ID Number (EIN), domain name, marketing materials, or business cards until your LLC is approved. If your New Hampshire LLC is rejected, you’ve just wasted a lot of money that will not likely be refunded.

If you need help with choosing a unique name for your New Hampshire LLC, contact the professionals at LLC Formations so we can help you get your business up and running.

New Hampshire LLC

2. Select A Registered Agent for Your New Hampshire LLC

Before sending any documents to the Secretary of State to form your New Hampshire LLC, you’re required to pick a registered agent or choose a registered agent service for your LLC formation process.

A registered agent is a company or individual who accepts legal mail on your LLC’s behalf. The legal mail includes anything sent from the Secretary of State, lawsuits, and tax notices. New Hampshire considers your registered agent as a point of contact for your New Hampshire LLC.

How to Select A Registered Agent

When selecting a registered agent or registered agent service, be sure to follow the state’s rules. These rules are specific about who you can choose to be your registered agent when you form an LLC. For instance, your registered agent must have a physical office address or street address in New Hampshire. A postal box isn’t accepted as a mailing address for your registered agent.

Another rule is that your registered agent must be available during normal business hours. These hours are typically 9 a.m. to 5 p.m. during the weekdays. Your registered agent must be available for any service of process such as summons, complaints, or subpoenas.

Who Can Be the Registered Agent for an LLC in New Hampshire?

There are three options when it comes time to choose the registered agent for your LLC in New Hampshire:

1. Select yourself to be your own registered agent for your New Hampshire LLC. Remember that you must meet the state’s criteria for registered agents, such as having a New Hampshire state address and being available during normal business hours.

2. You can nominate your family member or friend to be your LCC’s registered agent. Your chosen New Hampshire agent must follow state guidelines, and whoever you choose must be over the age of 18.

3. You can hire a commercial registered agent service. A registered agent service specializes in receiving any legal mail on behalf of your LLC. Although they charge an annual fee to do so, this service is highly recommended if you’re starting your LLC at home or if you don’t want your address or phone number on public record.

The Benefits of Hiring A Registered Agent Service

Many business owners choose to hire a registered agent service to handle their LLC in New Hampshire. There are many benefits that come with hiring a registered agent service to handle your company.

When you hire a registered agent service, you are able to keep your business information private since the registered agent’s information will be listed, such as the phone number and street address or office address of the company.

Additionally, if you don’t want to be responsible for being available during normal business hours, it’s best to have a registered agent service that can receive your mail at the principal office address once you form your New Hampshire LLC.

If you need help with choosing a registered agent for your New Hampshire LLC, contact the professionals at LLC Formations so we can help you get started with this important part of the LLC Formation process.

3. Obtain A New Hampshire LLC Certificate of Formation

The only way you can have an active LLC in New Hampshire is by obtaining a New Hampshire LLC Certificate of Formation. The Certificate of Formation is an important document that legitimizes your New Hampshire LLC so you can start doing business as an LLC in New Hampshire.

Consider the Certificate of Formation to be like your LLC’s birth certificate. The Certificate of Formation is filed with the Secretary of State, and after it is approved, your LLC is officially approved to do business in New Hampshire.

Your Certificate of Formation must contain the correct information to be approved by the state. The certificate must include:
  • LLC’s name
  • LLC’s street address
  • Registered agent’s name and mailing address
  • LLC’s dissolution date
  • LLC’s nature of business
  • Whether your LLC is run by managers
  • Form SRA (this form contains a statement that you have complied with the state’s securities laws).

Pay the State Filing Fee for Your New Hampshire LLC Certificate of Formation

You can send the filing fee and form to the Secretary of State in one of three ways:

1. By mail. You’ll receive a decision on your LLC in one to three weeks.

2. Online. You’ll receive a decision on your LLC in three to seven business days.

3. In person. You’ll receive a decision between 15 minutes to two hours.

The best and quickest filing method is online. The New Hampshire LLC Certificate of Formation is an important document for your business, so be sure to keep a copy of this document with your other important business information once you receive the confirmation.

4. Create an LLC Operating Agreement

The next step is creating an Operating Agreement for your New Hampshire LLC. Although you don’t need to file an Operating Agreement for your LLC in New Hampshire, it is important to have one for legal purposes.

An Operating Agreement is a legal agreement between co-owners, also called members, of your New Hampshire LLC. The purpose of this document is to explain how the LLC will be operated and financed.

In your LLC Operating Agreement, you set the rules and policies of how you’ll run your New Hampshire LLC. If you are the sole owner of an LLC, it is still a great idea to have one. An Operating Agreement maintains a legal separation between your personal finances and the LLC’s finances should future problems arise.

The type of information you’ll include in your Operating Agreement is:
  • The name of the members or owners
  • What percentage each member owns
  • How the LLC is managed
  • How taxes are paid
  • How profits and losses are distributed to each LLC member
  • The rules a member must follow in order to sell a percentage
  • What happens to a member’s percentage when they die or are incapacitated
  • The rules for new members wanting to buy into the LLC

Updating the Operating Agreement

Remember, an Operating Agreement is fluid. This means that changes to the way the LLC operates or gets financed can change at any time. Thus, it’s important to create an Operating Agreement with the help of a professional LLC service so it can address the specific needs of your New Hampshire LLC.

If you need help with writing or updating your LLC’s Operating Agreement, contact the profession team at LLC Formations so we can help you get your business organized.

5. Get an Employer Identification Number (EIN)

After you obtain your Certificate of Formation, you should apply for an EIN for your New Hampshire business. An EIN, short for Employer Identification Number, is your LLC’s social security number.

The EIN identifies your LLC for filing and tax purposes. With an EIN, you can open a business bank account, get a business credit card, hire employees, and obtain specific businesses licenses and permits.

How to Apply for an EIN

To apply for an EIN, go to the Internal Revenue Service (IRS) website or complete the required form and mail it to the agency. Applying online is the easiest way to get an EIN. You fill out a couple of questions about your LLC, then hit submit button.

Obtaining an EIN is free for all New Hampshire LLCs, but you will need a Social Security Number (SSN) or ITIN to apply for an EIN online. If you don’t have either an SSN or ITIN, complete the paper form and mail it into the IRS. It’s the only way to obtain an EIN without the required ITIN or SSN.

6. Open A Business Bank Account

When you start an LLC, it’s important that you keep your business finances separate from your personal finances since you have limited liability protection as an LLC. The best way to do this is by opening a business bank account for your New Hampshire LLC.

When you open a business bank account, you are able to keep your business more organized. You can open a business bank account for your company, you are able to pay employees through payroll, you can get a business credit card with high lines of credit, and you can take out business loans so you can grow your LLC.

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How to Open A Business Bank Account

You will need to bring some important documents to the bank with you in order to create a new business account:

  • The LLC name
  • The name of each member needing access to the account
  • The LLC’s Certificate of Formation
  • The registered agent’s principal mailing address
  • Two forms of photo ID to open the account

Each bank offers different incentives to business owners. If you need help choosing the best bank for you when you form an LLC, contact the professionals at LLC Formations so we can help you choose who to register your account with.

7. Complete an LLC Annual Report

Once your New Hampshire LLC is approved by the state and you receive your Certificate of Formation, you must then start to file your annual report. This yearly report is required to keep your LLC in good standing and in compliance with the New Hampshire Secretary of State.

You can complete your annual report online via the state’s QuickStart filing system after making an account and password. Although you can complete the report online through the QuickStart system by entering the login details, you also have the option of submitting your report electronically or sending a printed copy by mail.

Pay the Filing Fee for the Annual Report

New Hampshire requires a filing fee for your annual report. The processing time for all annual reports is approximately one to three weeks when you submit the report via mail. The response will be immediate if you submit the document online for your New Hampshire LLC.

When is the Annual Report Due?

The first annual report isn’t due the year following the LLC’s formation. For example, if your LLC was formed in May 2019, your report would be due between January 1st and April 1st of 2020. You can file the report during January 1st and April 1st of each year.

If you miss your annual reporting date, your LLC is assessed a penalty. In addition, New Hampshire will set the status of your LLC to “Not in Good Standing.” If you don’t file an annual report for two consecutive years then the state could dissolve your New Hampshire LLC, so be sure to stay on top of it.

Sometimes your LLC’s registered agent will receive a notice from the state regarding your annual report after it’s been submitted. This will happen when there’s one or more errors on the report. New Hampshire will give you 30 days to correct any errors in your annual report. You are responsible for re-filing the report within the specified time.

8. Obtain Business Licenses and Permits

Whether you complete this step depends on the nature of your business, such as which goods you sell or which services you provide. You must comply with all city and county permit and license requirements depending on where your business is located and which industry you’re in.

If you don’t comply with New Hampshire’s permit and license requirements, the state may penalize you. For example, you may be fined or be unable to do business in the state of New Hampshire.

If you need help with obtaining business licenses and permits for your New Hampshire LLC formation, contact the professionals at LLC Formations so we can help you get your business up and running.

9. File Your LLC Taxes

If your LLC has employees, it is liable to pay certain New Hampshire taxes. Check with the state’s Department of Revenue administration to understand which taxes you’re legally required to pay.

In addition to state taxes, your LLC is responsible for paying federal taxes. The taxes collected by the IRS depend on your LLC’s status, as documented through your tax ID. For example, the IRS taxes a single-member company as a sole proprietorship and multi-member LLCs are taxed as a partnership.

If you need help navigating the tax requirements for your New Hampshire LLC, contact the professionals at LLC Formations so we can provide you with an overview of what to expect after your.

Forming a Foreign LLC New Hampshire

Even if your LLC was formed in another state or territory, you’re still able to do business in New Hampshire. However, to do business legally in New Hampshire, all LLCs must register with the NH Secretary of State.

Your LLC must also select a registered agent or service with a physical principal office address in the state of New Hampshire so they can receive your LLC’s legal documents and notices.

To register as a foreign LLC, complete the Application for Registration as a foreign limited liability company. You must pay the filing fee and send it via mail. Be sure to include your filing fee and your Certificate of Good Standing or Certificate of Formation from your LLC’s home state.

You should still complete the necessary steps for forming an LLC, such as an LLC name search. If the name of your existing LLC isn’t available, you’ll need to create a new company name to be used in New Hampshire. In addition, you’ll need to file the fee and Trade Name Registration application with the Secretary of State.

How Can LLC Formations Help You?

If you’re looking to start an LLC, New Hampshire is a great state to do business within. Our guide provides an overview about the required steps for forming an LLC in New Hampshire so you can benefit from the many advantages offered to LLCs.

Although forming an LLC can seem like a complicated process, it doesn’t have to be when you have the right help. Instead of having to repeat steps and fill out forms multiple times, it’s best to contact the professionals at LLC Formations so we can handle the paperwork for you.

If you’re looking to start a business, you don’t have that type of time. Take an easier and stress-free approach to forming your New Hampshire LLC so you can focus on growing your company. Check out our next guide on the New Jersey LLC formation process.