How to Start an LLC in New Hampshire: If you’re looking to start an LLC in New Hampshire, you’ve come to the right page. Setting up an LLC is easy and cost-effective. To form an LLC, you must follow a few steps that include naming your LLC, hiring a registered agent, filing your formation documents, doing the operating agreement, and finally obtaining the EIN. You can easily set up your LLC at a very low cost in New Hampshire. Though, you must pay the mandatory state filing fee. These fees and charges can be tax deductible, making the LLC formation cost almost negligible.
On this page, You’ll find all the steps that must be taken to ensure that your New Hampshire LLC has been correctly formed. We recommend you read the whole article very carefully, word by word, don’t miss anything 🙂
On this page, you’ll learn about the following:
- How to Start an LLC in New Hampshire
- After Starting Your New Hampshire LLC
- New Hampshire Foreign LLC
- New Hampshire LLC Formation Review
How to Start an LLC in New Hampshire
An LLC (aka Limited Liability Company) is a hybrid business entity combining a corporation’s characteristics with a partnership or sole proprietorship. It separates your personal assets from your business assets, thus giving you personal asset protection. For an LLC, members’ personal assets are not affected by business debts. However, in some cases, if the LLC is sued for business debts, courts might pierce the corporate veil and use the owner’s personal assets to meet their corporate liabilities.
If you wish to start an LLC in New Hampshire, you must file your Certificate of Formation with the State and pay a filing fee of $100. While it’s the most important step, it’s not the only one. There are 4 other crucial steps to follow to get your LLC formed in New Hampshire. Below are all 5 steps that explain everything you need to do to start a New Hampshire LLC in 2023. Let’s get started! You can always hire a professional LLC formation service in New Hampshire to set up your LLC instead of doing it alone; a Pro service will ensure everything is done properly.
Step 1: Decide a Name for Your New Hampshire LLC
The first step while forming a limited liability company in New Hampshire is to give a proper name to your LLC. Before you name your business, you must know that the name should be easy to remember, available in the state, and follows all the LLC naming guidelines.
New Hampshire LLC Naming Guidelines
There are a few specific requirements all the LLCs in New Hampshire have to follow while naming their Company. Some of the most important requirements are as follows:
- Your business name should be available and no other existing business in New Hampshire can have the same name. LegalZoom offers unlimited business name searches without any hassle.
- “Limited Liability Company”, “LLC”, and “L.L.C.” – any one of these has to be used as a suffix in your business name.
- You cannot use any name for your business that is confusing or misleading. Terms such as “Treasury”, “State Department”, “FBI”, “CIA”, etc. shouldn’t be included.
- Terms like “Bank“, “University“, “Attorney“, “Doctor“, etc can be added only after the additional requirements by New Hampshire State Government are fulfilled.
- (Optional) It’s better to name your business something for which your desired domain is available.
|Important Links –||Submit Offline Form to –|
|New Hampshire Business Entity Search – Online Name Search|
Name Reservation Form – PDF
Name Availability Standards – Guidelines
New Hampshire LLC Name Search – Instructions
NH Department of State
107 N. Main Street, Rm 204
Concord, NH 03301
State House Annex
3rd Floor, Rm 317
25 Capitol Street
Concord, NH 03301
Reserve Business Name for Future
If you do not wish to file your LLC right now but want to hold the name you have decided, then you can reserve your LLC name for 120 days. To keep the name, you must file a name reservation application and pay $15 to reserve your name with the New Hampshire Secretary of State.
Doing Business As (DBA) or Trade Name
Once you have a legal name for your LLC, you can register it. However, it is not mandatory. You can, instead, use DBA, Fictitious Name, or Trade Name. In that case, you must register your name with the New Hampshire Secretary of State by submitting an Application to Register a Trade Name in New Hampshire along with the filing fee of $50.
Recommended: You can do name search, Trademark search, Trademark registration, copyright registration, and a lot more in one place by hiring a professional service. We recommend using –
LegalZoom – (Worry-free LLC Formation)
Apart from LLC formation, LegalZoom offers Trademark search, trademark registration, copyright registration, and etc. at a very reasonable price. If you plan to get a website, then it is wise to have a “.com” domain for your business, but these days you can also use other TLDs like “.io”, “.company”, “.xyz,” etc.
It is not legally mandatory to use the word LLC in your domain name or email. If you want, you can use it. However, it is recommended not to use LLC in the domain name. A domain name should be short and easy to remember.
Step 2: Assign a Registered Agent in New Hampshire
The second step to forming an LLC in NH is to appoint a Registered Agent. A registered agent is a person or business entity working on your LLC’s behalf. This person or business will receive important tax forms, legal documents, all notices of lawsuits, and other official government correspondence in New Hampshire. Hence, hiring a competent New Hampshire Registered Agent for your LLC is necessary.
Make sure your registered agent is a resident of New Hampshire or has a physical street address. This address will be used as the principal address of your LLC to receive any legal documents. Most LLC formation companies also provide registered agent services. Below are two great LLC formation services; even if you buy their cheapest plan (normally $0), you also get registered agent service and other services at a very reasonable price.
These two are our top recommendations for registered agent service, as they are competent and authorized to conduct business in New Hampshire. Some LLC formation services also offer standalone New Hampshire registered agent services. You can purchase only Registered Agent services without purchasing any other LLC formation services. This standalone service might become handy if you are doing it yourself and don’t want to disclose your home address or you don’t want to pierce the corporate veil.
A person above 18 years of age and has a physical address in the state of New Hampshire can be a Registered Agent. A Registered Agent can be an independent person or can be a business entity. One is responsible for handling all the legal documents on the LLCs behalf.
Yes, you can be your own registered agent if you are a resident of the state of New Hampshire and you are above 18 years of age. To become a registered agent, you must have the authority to conduct any type of business in New Hampshire.
There are a few reasons why you shouldn’t be your own registered agent. The address of the registered agent is used to communicate with the SOS or for any legal activities. If you are your own registered agent, you might have to upload your personal address to the public forum. Besides, the registered agent must be at the address during business hours. It won’t be easy for you as you also have to take care of other things in your LLC. Hence, it is wiser to appoint a separate entity as your registered agent.
If an LLC is sued in NH, in some cases, courts might decide to lift the corporate veil, which means the owners of the LLC will be personally liable for their business debts. They might have to forgo their personal assets to repay their business debts. This is called piercing the corporate veil, where personal and business assets are not separated anymore. Your personal assets can be protected if you have enough capital and all your LLC documents are properly filed.
Step 3: File Certificate of Formation in New Hampshire
The third and most important step in forming a New Hampshire LLC is to file the Certificate of Formation. This New Hampshire Certificate of Formation is a legal document that is required to register your business with the New Hampshire Secretary of State. It costs $100 to file your formation certificate in New Hampshire.
The Certificate of Formation includes details like the name of the LLC, the registered agent’s name, address, employees’ details, and the company’s structure (member-managed or manager-managed). Before hiring employees in New Hampshire LLC, one should know about the rules and regulations thoroughly. Also, if you are expanding your existing business (an LLC) in other states to New Hampshire, you must register as a New Hampshire Foreign LLC.
How to File Online
Go to the Secretary of State Online Service. You will get the online service page. If you are already a subscriber, then click on the “log in to Your Account” option and log in with your credentials. If you’re not subscribed, then you can register to start filing your LLC by clicking on the “Online Filing” button below. Read more about the New Hampshire Certificate of Formation for online registration.
How to File by Mail
If you prefer filing real-life forms for your New Hampshire LLC registration, then you can download Domestic LLC Formation Form. Read the form thoroughly, fill it out, and mail it to the following address,
Corporation Division, NH Dept. of State
107 N Main St, Rm 204
Concord, NH 03301
Processing Time: Normally, it takes around 7-10 business days (approx) to get your LLC formed in New Hampshire. The processing time for online filing might be a little faster than offline filing. With an additional cost, you can get expedited filing as well. However, the document processing time can be changed due to various factors.
Recommended: Online LLC Formation service can fill up and submit all these documents on your behalf in much lesser time along with lifetime customer support and 100% accuracy. We recommend using –
LegalZoom – ($0 + State Fees) Online LLC Setup
Every LLC owner has to pay the filing fees to register their business in New Hampshire. This fee is mandatory but also tax deductible. If you’re doing it yourself (filing on your own), it will not cost you any additional service fee. However, it is not feasible to do that as the DIY process might be delayed, complicated, and messy, especially if you’re a novice entrepreneur. Hence, it is recommended to get professional guidance to get your LLC formed in New Hampshire.
Step 4: Create Your New Hampshire LLC Operating Agreement
Moving on to the fourth step, filing your operating agreement. An operating agreement is a document that legally outlines the proprietorship and operating procedures of your LLC. This document is vital as it ensures that all business owners are on the same page regarding how they operate, thus reducing future conflicts.
When it comes to filing a New Hampshire LLC Operating Agreement, the state does not require you to have a comprehensive operating agreement, but it is ideal to have one that contains all the details of your business operation that helps in taking future business decisions, especially if you decide to dissolve New Hampshire LLC later. Hence, having an operating agreement may not be necessary, but it is surely ideal.
Recommended: You can get operating agreement templates at a reasonable price with LLC formation service. You don’t need to worry about drafting it as they will take care of it on your behalf. We recommend using –
LegalZoom – ($0 + State Fees) Online LLC Setup
The operating agreement draft can be created for free if you don’t hire a professional. However, there is an advantage to appointing a proficient person/service. You will get a businesslike quality operating agreement at a very cheap fee, which will help you in the future. Hiring a professional service means you can sleep well at night 🙂
Step 5: Filing a New Hampshire LLC EIN
The Employer Identification Number (aka EIN) is a nine-digit number given by the Internal Revenue Service (IRS) to make it easier to identify the type of business for tax purposes and taxes in general. The EIN is necessary for any active business or any form of business.
EIN is needed when the LLC hires employees. Hiring employees in New Hampshire LLC requires following specific rules and regulations. On the other side, EIN for New Hampshire foreign LLC should be obtained if your LLC is based in other states.
To obtain EIN (aka FEIN), one must fill up a form (Online or by mail) and submit it to the IRS. Enter details of your LLC, and finally, complete the form and send it to the address given. You can also get an EIN Assistant to help you with the process.
Mail to: Internal Revenue Service, Attn: EIN Operation, Cincinnati, OH 45999
Fax: (855) 641-6935 | Fee: Free
Recommended: This hassle will be reduced when you hire an LLC formation service. They take care of obtaining EIN and all other things for your LLC. We recommend using –
LegalZoom – ($0 + State Fees) Online LLC Setup
Note: You don’t need a Social Security number when getting an EIN. You can proceed to fill out I.R.S. Form SS-4 and leave section 7b blank. You must then call the IRS at (267) 941-1099 to complete your application. Agents or employees will help you with that.
Congratulation, you are now done with all the necessary steps to form your Limited Liability Company in New Hampshire. If you do it yourself, it should take you a long time to understand and do all the steps properly.
However, if you use LegalZoom, it should be way faster. You will always have a live chat option and phone support with experts for any help you need. Their worry-free service will make things easier for you.
After Starting Your New Hampshire LLC
After forming your LLC, there are still some things that you will need. The most important thing is to separate your business and personal assets. LLCs have limited liability protection that protects your personal assets from business liability. This is called a corporate veil. However, the corporate veil can be lifted or pierced by the court if the LLC is sued. In that case, the owners of the LLC become personally liable for their corporate debts. A few things like appointing a legit registered agent, having enough capital, and filing all the major documents with the state can save the LLCs from being pierced into the corporate veil.
Apart from that, there are a few things you need to take note of,
- Get a company business bank account
- File New Hampshire business permits & licenses
- Get general liability insurance and professional liability insurance with coverage for employees.
- File a New Hampshire LLC annual report or biennial report
This page has provided you with steps to LLC formation and filing processes. You now have to remember upcoming filing deadlines and filing fees or filing costs, including fees for late filings to make sure your LLC is up-to-date.
Cost of New Hampshire LLC
LLCs can be formed by spending very less price. Apart from the mandatory state filing fees, you don’t have to bear additional service charges if you do it yourself. Following are the fees and taxes LLCs in NH must pay to register and run a business in the state. Forming an LLC is no doubt cost-effective compared to other business structures. However, the fees and charges (tax-deductible) that you must pay to the state, such as name reservation fee, name filing fee, LLC filing fee, and Franchise Tax & Sales Tax (If applicable). Here are the main fees and taxes you must pay while forming your limited liability company in NH,
|Fees/Tax||Amount to be Paid|
|Name Reservation Fee||$15|
|Certificate of Formation Fee||$100|
|LLC Annual Fee||$100|
In New Hampshire, an LLC name reservation is not mandatory. You can register your LLC name at the time of registering your LLC. If you wish to hold the name for some time without registering your LLC, then you can do that online. Your LLC name will be reserved for 120 days without registering your LLC. It can be renewed by paying $15.
In New Hampshire, an Annual Report has to be produced every year. It costs $100. Also, the State of New Hampshire, unlike other states, does not have to pay any sales tax to the state. Read our guide on LLC costs in New Hampshire for more information.
New Hampshire Foreign LLC
If you are interested in forming a Foreign LLC in New Hampshire, then you need to file the Certificate of Foreign LLC to the New Hampshire Secretary of State. Foreign LLCs allow you to operate your business in more than one state. Along with the Certificate of Foreign LLC, you need to submit some more documents like the Certificate of Good Standing, etc., to the New Hampshire SOS to form your foreign LLC in New Hampshire. To know more in detail, check out our guide on New Hampshire Foreign LLC.
Reasons to Start an LLC in New Hampshire
With more than 7,000 new and 40,000 active LLCs, New Hampshire is ranked as one of the top states for providing a good business environment for start-ups. Along with that, the business funding options that a business can enjoy here are enormous, making New Hampshire for LLC far better than other states. On the other hand, having an LLC in NH involves much lesser legal paperwork and processing time than in others. Also, there are fewer tax liabilities. Read more on New Hampshire’s classification of LLC tax.
One can opt for a business credit card in New Hampshire if he has a business license or professional license. This will help them to balance personal and professional expenses. Some of the advantages that a business will enjoy in New Hampshire are discussed below.
No Residency Requirements
It benefits the people who want to start an LLC in New Hampshire but belongs to other states. In New Hampshire, to start an LLC, a person doesn’t have to have a house in the state. It is legally not required for any owner and member to own a house in Hampshire, and without that, only one can start an LLC with all the required licensing and paperwork as asked by the state government.
Section 304-C allows flexibility.
According to section 304-C in the bylaws, every member who is a part of New Hampshire LLC will have a fixed share in both profits and losses. This share will be decided based on the contribution that they make during the start of the LLC.
Brownfield’s Revolving Loan Funds
All the new LLCs that have just started their journey in New Hampshire can participate in this program of the government of Hampshire. Under this program, the selected companies will be pushed by the government, they will help them achieve their goals. For this, they are ready to provide financial help, which is required by most businesses. The CDC manages this program, and the fund is provided by the US Environment Protection Agency, under which every new and eligible LLC can get a loan of up to $600,00.
New Hampshire Opportunity Zone
All the LLC start-ups should know that there are 27 zones in the states that are selected to be a part of the opportunity zone. Government motivates the LLCs to start their business in those areas so that they can also establish well and grow. For that, tax incentives are offered on the investment that is made in those opportunity zones by LLCs in New Hampshire.
Capital Regional Development Council Fund
There are many loans managed by CRDC, which are provided to start-up companies. A maximum amount of $200,000 is provided as a loan to the LLCs who have a unique idea and are looking for funds around.
Top 3 Businesses in New Hampshire
If you look at New Hampshire, then many businesses are established in the state and earning well. But Knowing that New Hampshire is a desirable place for startups, many businesses are established in this state. However, not all of them are making as much money as others. Covering filing fees, federal taxes, and other additional taxes, LLCs can still make profits and run a successful business in NH. To do so one has to choose the correct industry. Here are the top industries in NH to look for while setting up any type of business.
The advanced manufacturing sector of New Hampshire is known for developing high-technology devices and machinery. The industry is enormous enough to pay around 10 % of the whole state’s wages to its employees and has more than 19% of the workforce under them. Toward the New Hampshire economy, the manufacturing sector’s contribution is $9.51 billion, accounting for 11% of the state’s GDP.
Healthcare Sector Businesses
New Hampshire is known for the high-end research institutions and facilities available for the biomedical field. That is why the people are willing to get treated in New Hampshire industry due to the reliable treatments and high-quality services. Also, according to the state’s age statistics, the number of aged people in the state is moré than working-class adults.
All these factors are leading to a boom in the healthcare business. They are now able to contribute around 9% or $9.14 billion to the New Hampshire industry.
The tourism sector of New Hampshire is diverse from ancient times, and the reason behind it is its golden history and scenic views. There are different lake regions and snow-covered mountains with sea coast attracting many people from around the world.
The contribution of this sector is around 3.87 billion dollars which includes the accommodation of people, restaurant business, recreational activities, and entertainment. Also, tourism supports the leasing and real estate sector as many properties are owned or leased by people who want to spend their holidays in New Hampshire.
Some best small-scale business ideas best for New Hampshire state are:-
- Rubber and plastic production
- Tourist guides
- Daycare and learning classes
New Hampshire LLC Formation Review
Time needed: 5 minutes.
Just to recap, here are the easy steps again when forming an LLC in New Hampshire. Click on the steps in this list to read the full detail.
- Name your New Hampshire LLC
The first thing you must do is to choose a company name, which should be unique, easy to find, and available in the state.
- Choose a Registered Agent
In New Hampshire, it is mandatory to select a registered agent for your LLC. Get a professional Registered Agent from LLC formation services to get things done hassle-free.
- File a Formation Certificate
Filing a formation certificate is necessary when forming an LLC in New Hampshire. Depending on the state, it could be called any of the following: Certificate of Formation, Articles of Organization, or Certificate of Organization.
- Create an Operating Agreement
An operating agreement is not a strict requirement in New Hampshire but something encouraged when you start an LLC to avoid future conflicts.
- Get an EIN
The Employer Identification Number (EIN), also called Federal Tax Identification Number, serves to identify a business entity like a social security number but for a company.
How Fast Can I Form an LLC in New Hampshire
For LLC formation in New Hampshire, the procedure can be completed in 7-10 business days, when filing through mail.
New Hampshire has one of the fastest and most efficient systems when it comes to forming a Limited Liability Company (LLC). With the increasing number of entrepreneurs, freelancers, and small business owners emerging in the state, the demand for the formation of LLCs has significantly increased. As such, New Hampshire’s government structures have implemented processes that streamline the formation process.
The first step towards forming an LLC in New Hampshire is choosing a registered agent. The agent acts as the go-between of the state with the LLC itself and receives legal documents and tax notices. Additionally, the registered agent acts as the main contact between the LLC and state officials, therefore, must be closely involved in its formation.
After selecting a registered agent, the next step is choosing an available name unique to your LLC. The process is straightforward and involves checking with the New Hampshire’s Secretary of State’s records and verifying the chosen name’s availability. Once you’ve settled on a name that’s available, the state requires you to fill out the Articles of Organization form. The applicant should record the LLC’s name, registered agent, and the street address of its principal business. Though filling this form is part of the LLC formation process, applicants must note that complying with state regulations is paramount.
One of the key advantages of forming an LLC in New Hampshire is the process only requires minimal documentation. Under both state and federal laws, several factors determine this. Firstly, New Hampshire is one of several states without minimum requirements for its banks to be LLC members; the state only requires that members meet the condition for forming LLCs. Additionally, the state imposes no signing or document requirements, except for formations making use of electronic authorization, which should be encrypted and password protected.
The New Hampshire Article of Organization requires a one-time fee of $100, not accounting for any ongoing cost an LLC may incur while operating its businesses. Filing this form confirms you satisfy all the state’s requirements and makes the LLC an officially registered authorized entity. Furthermore, filing this form formally initiates the LLC formation process and clearance of Articles obtains certification of existence by the New Hampshire Secretary of State.
To summarize, despite variations in requirements for LLC formation among the 50 states, many potential business owners and entrepreneurs in New Hampshire can form their LLC’s within a short time and minimal costs considering the benefits that come with it. With a streamlined system focused on meeting reputable compliance standards with due diligence, LLC’s broader requirements apart from registration are those peculiar to specific business areas or the Federal Tax IDs and EINs from ASIC registries. Upon completing the LLC formation process, the next ideal issue to address would be obtaining workers’ compensation insurance since LLC’s employee’s compensation protocols protect employees and earnings of employee injuries.
If you are a resident of NH, then you can file your LLC by yourself. However, it is always worth having a professional than doing it yourself to handle legal complexities, paperwork, and other documentation.
Apart from the formation fee of $100 (domestic LLC) and $100 (foreign LLC), LLC costs in New Hampshire include $100 for Annual Reports every year. LLCs are liable to pay sales tax of 0% every year.
If you file via mail, it takes 7 to 10 business days to get an NH LLC. If you hire a professional LLC service, then it might take less than that. We recommend TailorBrands, which has an impeccable turnaround time.
Every year all the LLCs have to submit an Annual Report and pay $100 to the New Hampshire Secretary of State and renew the LLC. It is mandatory to renew your LLC every year.
Generally, for LLCs, it is a default tax structure. Once you obtain the EIN, you will get the various tax structure options to select. Sometimes LLCs choose S Corp to reduce federal tax burdens. Read more on the New Hampshire Classification of LLC Tax.
LLCs are easier to establish than other business structures. Small businesses, especially start-ups, can easily start an LLC in New Hampshire at a bare minimum cost. LLCs have a ‘pass-through taxation’ advantage for which they are excluded from certain taxes. The formation of limited liability companies requires much lesser documents and legal processes. Share your queries with us, and leave a comment below.