How to Start an LLC in New Hampshire

If you want to start a limited liability company (LLC) in New Hampshire but don’t know where to begin, this article will answer all of your question.

Keep reading to learn:

• The process you must follow to start a New Hampshire LLC
• Other tasks you’ll need to handle once you start your LLC
• The cost to start an LLC in New Hampshire and how long it takes

Let’s get started with the New Hampshire LLC formation process!

Last updated: Sep 2024

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Step 1: Name your New Hampshire LLC

When forming an LLC in New Hampshire, your first step will be to decide on a name for your business. Under New Hampshire’s laws, certain words are restricted, while others are required. It’s vital that your LLC name follows the rules.

Words You Have to Use

Under New Hampshire Statutes Section 304-C:32, your LLC’s name must include one of the following terms:

• “limited liability company”
• “L.L.C.”
• “LLC”

The law also allows you to use any other similar abbreviation.

Words You Can’t Use

Section 304-C:32 also says that your name can’t make it seem like your LLC was formed for an illegal purpose. You also can’t use a name that makes it seem like your business is affiliated with the government. And, you can’t use a name that makes it seem like a different type of business entity.

You also need to make sure that the name of your LLC doesn’t indicate that it offers illegal services. For example, if you don’t have the necessary license to provide different services, your business’s name can’t even hint that you offer those services.

The statute also requires that your LLC name is “distinguishable” from and not the same as a business name that is already filed with the New Hampshire Secretary of State. This rule is in place to prevent confusion and help people find the business they are looking for with ease.

Check out the New Hampshire Department of State’s Name Availability Guidelines for more info about what makes a name distinguishable.

Research the LLC Name You Want

You can use the Secretary of State’s Business Search to find out if the name you want to give your company is already in use.

If the business name you want to use is already taken, there are three ways you can still use the name. The first option is to get a court order establishing your right to use the name. You can also use the name if the other party consents in writing or agrees to change their name.

If the name you want to give your LLC is available, New Hampshire Statutes Section 304-C:27 lets you reserve it for 120-day periods. To do so, you must submit an Application for Reservation of Name (Form 1) and a $15 filing fee to the New Hampshire Secretary of State.

If you want to file a paper copy, you can mail it to the following address:

You can also submit it in person at the location below:

New Hampshire DBA: Using a Trade Name

In addition to their formal name, New Hampshire LLCs can also be known by “doing business as” or “DBA” names. A DBA is an alternate or alias name that allows an LLC to operate under a name that is different from the LLC’s legal name.

Many LLC owners prefer to use DBAs in their day-to-day business. With a DBA, you don’t have to use the full company name on your website, signage, or logo. You can change to a different name if it fits your brand better or is just shorter and less formal.

In New Hampshire, DBAs are called “trade names.” To legally use a DBA for your LLC, New Hampshire Statutes Section 349:1 requires that you register it with the Secretary of State.

To register, you must submit a Trade Name Registration (Form TN-1) and a $50 filing fee. You can file online, by mail, or in person.

Step 2: Appoint a Registered Agent for your LLC

A registered agent is a person or company that accepts important papers for an LLC.

New Hampshire Statutes Section 304-C:36 requires every LLC to appoint a registered agent with a physical address in the state. The agent must be available and prepared to receive service of process on behalf of the company during regular business hours.

New LLC owners often think it’s a good idea to act as their own company’s registered agent. The advantages of this approach are:

• It’s cheap: You’re not paying someone else to do it for you.
• It’s easy: The only address and contact information you have to keep current is your own.
• It’s reliable: You will receive all important documents personally.

Unfortunately, new entrepreneurs often discover that being the registered agent for their LLC’s registered agent can cause problems. For instance:

• No privacy: Your name and address will be published on the Secretary of State’s website. This means that anyone with an internet connection can find your personal information. 
• Junk mail/spam: You will get a ton of junk mail in addition to a small amount of real mail and any service of process.
• No breaks: You also must be available at all times during regular business hours to receive documents. This means no vacations, sick days, or leaving the office for lunch.
• Business interruptions: Client meetings can be interrupted by people serving process. That could be embarrassing or hurt your reputation.
• It’s your fault if you miss something: You always have to make sure your address is correct and up to date. If you make a mistake or miss something, you are held responsible.

A better choice is to hire a business to serve as your New Hampshire registered agent. It might seem unnecessary at first, but a registered agent service will save you a lot of time and effort in the long run. Services only cost about $100 a year, and you’ll be immediately notified if your business receives papers or mail.

If you’re thinking of expanding to other states and need to register as a foreign LLC, investing in a nationwide registered agent service is a good idea. This will simplify the process and make it easier for you since you can use one business as your registered agent in every state.

Step 3: File Your New Hampshire LLC Certificate of Formation

A certificate of formation is the document you will submit to the Secretary of State to register your New Hampshire LLC. It will specify basic details about your LLC.

What to include in my New Hampshire Certificate of Formation?

New Hampshire Statutes Section 304-C:31 requires your certificate of formation to list the following:

• The LLC’s name.
• The name and address of the registered agent.
• The primary business of the LLC.
• If the LLC will be managed by managers or its members.

You can also discuss anything else that you deem relevant.

The certificate of formation (Form LLC-1) can be filed online, but you can also submit a paper form by mail or in person.

New Hampshire LLC Filing Fee

According to the New Hampshire Secretary of State’s Forms and Fee Information page, the filing fee to register an LLC is $100.

Read More: How Much Does It Cost to Form an LLC in New Hampshire

New Hampshire LLC Processing Time

Once your certificate of formation is received, it will be processed within 5-7 business days.

Step 4: Draft your New Hampshire LLC Operating Agreement

An operating agreement is a contract made by LLC owners to outline the basic rules for the business. It details how an LLC will be run and lists members’ rights and duties.

New Hampshire law does not require an LLC to have a formal operating agreement. Still, it is a good idea to create one, as they help the members establish mutual expectations about the business before problems arise.

For instance, if one of the LLC’s owners wants to sell their share of the business, you’ll follow the terms of your operating agreement. The LLC operating agreement will set out how they can sell their stake and who will take over their duties once they’ve done so.

LLC operating agreements are also useful because:

• They determine the rights and duties of LLC members. If one LLC member is responsible for running the business or managing the books, the operating agreement should say so. 
• They say what the manager has the right to do. Managers also have special duties to the company and the members. The operating agreement should state these.
• They outline what the LLC is legally able to do. The operating agreement should also set down how the company is allowed to conduct its business from day to day.
• They say how new members can join the company. They also have rules about how exiting members can leave.
• They set down how and when profits are paid to members. They can also create different types of membership and payment schemes.
• They say whether members or managers are in charge. They also say how to hire and fire managers.
• They say how and under what circumstances the LLC should end. You might not want to dissolve your business now, but you might in the future. It’s best to think about it and plan before it becomes an issue.
• They say how to change the rules. You may need to amend your operating agreement in the future. The operating agreement should set down the rules for making changes.

If a limited liability company is using an operating agreement, it should be perfectly clear to all members what its procedures are. This way, nobody will disagree in the future about how to run the LLC.

Step 5: Get an EIN (Employer Identification Number) for Your New Hampshire LLC

An EIN is a 9-digit number that the IRS issues to registered businesses. It can be used to identify your company when filing tax or other business-related information. Though an EIN might be similar in some respects to an SSN, EINs are assigned to companies and not individuals.

Here are the most common times when you need an EIN:

• Does your LLC have more than one member? 
• Does your LLC have any employees? 
• Is your LLC taxed as a C corporation or S corporation?

If you answered “yes” to any of these questions, your LLC must obtain an EIN.

If you own a single-member LLC, you can use your SSN to file your taxes and avoid getting an EIN. But you can still use an EIN as a way to avoid fraud and keep your personal and business finances separate. This also makes opening a business bank account much easier.

You can get an EIN through the IRS website or fill out Form SS-4 and mail it to the IRS. Since it’s free to get an EIN, you should never pay someone to get one for you. It’s something you can handle on your own.

Read More: How to Get an Employer Identification Number in New Hampshire

First Tasks After Registering your New Hampshire LLC

After you form your New Hampshire LLC, there are some additional tasks that can help you start off on the right foot. These tasks aren’t legally required, but they’re strongly suggested.

Open a Business Bank Account

While the law doesn’t require you to do so, we recommend opening a business bank account when you make an LLC. It gives you the flexibility and protection of managing the LLC’s finances in a separate bank account.

Some of the reasons to open a business bank account include:

• Convenience: Keeping things separate makes your LLC’s bookkeeping much simpler.
• More business opportunities: Your LLC can only receive credit card payments through a business account. You can also do business with people who won’t take personal payments. 
• Personal asset protection: Mixing your personal and business funds could cause you to be held responsible for the LLC’s debts. 

The third benefit, asset protection, is essential.

LLCs can help protect your personal belongings from being taken to pay off business debts. This is because the “corporate veil” protects your personal assets from being accessed by business creditors.

But if you “commingle” your money with the LLC’s funds or use business assets for personal expenses, the corporate veil can be pierced in lawsuits. This means if the LLC is sued for any debt and losses, you may be held personally liable for it.

If you separate your individual and company finances, you can protect your personal assets. This will allow you to avoid financial consequences if the company struggles financially or gets sued. Only the LLC’s assets will be at risk.

Get Business Insurance For Your New Hampshire LLC

As soon as your New Hampshire LLC is set up, it’s a good idea to invest in business insurance. Think about the different risks your industry entails and choose a policy that will address them.

You should consider the following types of business insurance:

• General liability insurance: You’ll need this if there’s an injury on your property. It pays for damages and a lawyer if you need one.
• Commercial automobile insurance: This works like your own car insurance. It covers drivers and vehicles for your business.
• Workers’ compensation insurance: New Hampshire law requires every employer who has full or part-time employees to get worker’s compensation insurance. You can decide to buy a policy from a private insurance company or get approved by a court to self-insure.
• Commercial property insurance: This protects your property in the event of damage. Keep in mind that flood insurance is often a separate policy.
• Professional liability insurance: Lawyers, doctors, architects, and other professionals need this insurance. It provides coverage and legal defense in the event of a malpractice case.
• Business income insurance: If you have to close for some time, business income insurance can pay back the loss of income. Policies vary, though. Make sure that you know exactly what kinds of losses will be covered.

Keep Your New Hampshire Company Compliant

If you start an LLC in New Hampshire, there are certain regulations your company will need to follow. For example, if your business is in an industry that requires a license or payment of taxes, you will have to adhere to these guidelines.

It is essential to be aware of local regulations and keep up with changes. This will ensure you remain in compliance with the law and keep you out of trouble.

New Hampshire Business Permits and Licenses

Most of New Hampshire’s business licensing process is done locally, so there’s no general business license for all businesses. However, the state does require occupational licenses for certain professions. 

You can learn more on the New Hampshire Office of Professional Licensure and Certification’s website.

New Hampshire Tax Requirements

While many states do not tax LLCs on their profits, New Hampshire is an exception. The state imposes two different types of taxes on LLCs that meet certain requirements.

Business Profits Tax

The first type of tax that applies to New Hampshire LLCs is the business profits tax. LLCs with gross incomes before expenses exceeding $50,000 will have to pay this tax. 

The New Hampshire Department of Revenue Administration (DORA) has answered some FAQs about business profits taxes on its website.

Business Enterprise Tax

LLCs in New Hampshire may also be subject to the business enterprise tax. This applies if your LLC has gross receipts of more than $200,000 or when your “enterprise value tax base” exceeds $100,000. 

Check out the FAQs about business enterprise taxes on DORA’s website for more info.

Federal LLC Tax Filing Requirements

LLCs are known as “pass-through” business entities. This means that, in general, they don’t owe taxes on their profits. Instead, you’ll need to report them on your personal taxes through a Schedule C form.

However, LLCs must pay Social Security and Medicare taxes, even if they have no employees. And if you do have employees, you’ll also need to deduct payroll taxes from their wages.

Annual Report and other Filing Requirements 

New Hampshire Statutes Section 304-C:194 requires LLCs to file an annual report with the Secretary of State. You can submit your LLC annual report online with a $100 filing fee.

New Hampshire Business Formation Quick Links

• Internal Revenue Service — apply for an EIN online
• IRS information regarding the federal tax treatment of LLCs
• Business Search (SOS)
• New Hampshire QuickStart (SOS)
• Forms and Fee Information (SOS)
• Name Availability Guidelines (SOS)
• New Hampshire Small Business Development Center

Statutes:

• Name Requirements: New Hampshire Statutes Section 304-C:32
• Name Reservation: New Hampshire Statutes Section 304-C:27
• Trade Name: New Hampshire Statutes Section 349:1
• Registered Agent: New Hampshire Statutes Section 304-C:36
• Certificate of Formation: New Hampshire Statutes Section 304-C:31
• Annual Report: New Hampshire Statutes Section 304-C:194