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There are many reasons to form an LLC in New Hampshire. Here are the main ones:
Legal protection in case of bankruptcy or lawsuits
Separation of personal and business assets
Tax benefits: flexibility & pass-through taxation
Increasing credibility and trust for your business
Check if your LLC name is available in New Hampshire
Choose a registered agent for your LLC
Sit back and let us take care of the paperwork for you
New Hampshire can be a wonderful place to start a business. No income tax, no sales tax, straightforward licensing requirements… what’s not to love?
The benefits of doing business in New Hampshire certainly don’t end with tax or licensing policies. Access to funding is another key advantage, as is the passionate and highly educated workforce.
U.S. News & World Report consistently ranks New Hampshire as one of the top states in the Opportunity category. The takeaway? Despite its small size, New Hampshire is a clear powerhouse.
This can be an amazing place to form an LLC — a wonderful middle-ground option for those who require protection from personal liability but are ill-suited to running S corps or C corps. Under this approach, modest filing and maintenance efforts can safeguard the personal assets of LLC members. With a sole proprietorship or general partnership, debt-ridden owners might be vulnerable to losing funds in personal bank accounts — or even their homes. LLCs are far safer for risk-averse business leaders.
Another advantage worth considering? Business credibility. Many sole proprietors and general partners find that they command more respect among clients and customers upon achieving LLC status. This, alone, may make it worthwhile to form an LLC.
It’s important to understand what the process looks like and what it will take to achieve maximum protection from personal liability. Let’s look at the six steps required to set up an LLC in New Hampshire:
We’ll dive in each step in further detail.
You may already have a name in mind for your New Hampshire LLC, but you’ll need to take several extra steps to confirm that this title is actually available — and that it’s worth using.
The New Hampshire Revised Statutes Annotated (RSA) states in Section 304-C:32 that all LLC names must contain the phrase “limited liability company” or abbreviations such as “LLC” or “L.L.C.” If you open a professional LLC, your business name must include “professional limited liability company” or abbreviations such as “PLLC” or “P.L.L.C.”
In addition to using the right LLC label, your organization’s name may need to obtain special approval if it contains terms such as:
Your LLC’s name must be distinguishable from the names of other local businesses. To qualify as distinguishable, the name should be substantively different from those affiliated with other organizations.
If similar names have been reserved or registered with the New Hampshire Secretary of State, you may need to come up with a new name.
Examples of factors that prevent LLC names from being deemed “distinguishable” include:
To determine whether a given name is available, conduct a New Hampshire entity search or call the Department of State’s information line at 603-271-3246 or email the Corporation Division at [email protected]. While availability checks aren’t guaranteed to uncover similar names, this should still provide much-needed peace of mind.
The New Hampshire Department of State provides a specific form known as the Application for Reservation of Name. This document should be submitted alongside a $15 filing fee. The application will include details such as the type of entity, the nature of the business, and basic contact information for the applicant.
As mentioned above, your LLC’s certificate of formation must reference a registered agent. This individual or company serves as a primary form of contact for — and is able to accept service of process on behalf of — your business. This is a legal requirement for operating a New Hampshire LLC, so you’ll want to designate a registered agent as soon as possible.
Eligibility standards for New Hampshire registered agents are straightforward. These individuals or businesses must have street addresses within the state of New Hampshire. P.O. boxes do not qualify.
Additionally, availability during ordinary business hours must be established, as your registered agent may be required to receive service of process at that time.
LLC members are permitted to serve as New Hampshire registered agents, as are their friends and family members. It’s common, however, for LLC members to work with commercial registered agents. These provide additional privacy and may be more reliable for business communication.
It’s possible to change registered agents after they have been established. Simply file Form 10: the Statement of Change of Registered Office or Registered Agent. This should be accompanied by a $15 filing fee, which will be waived if this information is submitted with the Annual Report.
The document known as the “Articles of Organization” in most states is officially referred to as the “Certificate of Formation” in New Hampshire. While many of the documents referenced in this guide are optional, the certificate of formation must be filed in order to launch your LLC.
When seeking your certification of formation, you’ll need to provide information about your LLC and your business intentions, as referenced in RSA Section Section 304-C:31:
Once complete, your application (known as Form LLC-1) can be mailed to the New Hampshire Department of State’s Corporation Division. Be sure to include the filing fee of $100, with checks payable to the State of New Hampshire
If you plan to open a professional LLC (PLLC), you’ll complete a similar, but separate, form known as the certificate of formation for a Professional LLC. Should you later amend the initial provisions of the Certificate of Formation, you’ll need to file Form LLC-6 — the Restated Certificate of Formation.
The operating agreement should not be confused with your LLC’s certificate of formation. Both are important, but they serve decidedly different functions.
An operating agreement brings structure to your LLC. Serving as the blueprint for your enterprise’s functional and financial pursuits, this document outlines basic information (such as your legal LLC’s name, DBA, and registered agent) before diving into specifics about how your business will be run.
Operating agreements can look dramatically different from one business to the next, with their structure and details largely determined based on the needs and preferences of the LLC members. There may be some crossover with information detailed in the certificate of formation.
Key categories covered in a typical operating agreement include:
As in most states, there is no New Hampshire mandate specifically stating that local LLCs must draft operating agreements. That said, this document remains highly valuable for many types of New Hampshire businesses. It is a key tool for protecting your limited liability status, as it clearly demonstrates that your LLC is a separate entity. Furthermore, many financial institutions prefer to lend to LLCs that submit operating agreements.
An Employment Identification Number (EIN) is, in all likelihood, non-negotiable for launching your business in New Hampshire. This nine-digit number is issued by the IRS for tax purposes. Think of it as a Social Security number dedicated exclusively to businesses.
The EIN is an outright requirement for many types of entities, such as businesses with employees and multi-member LLCs.
Thankfully, the application process is straightforward. The IRS provides an online application with detailed instructions. This process must be completed within a single session. An EIN Assistant will guide you every step of the way.
To begin the online application process, clearly indicate that you intend to start an LLC. From there, you can explain how many members the LLC will have. Use the drop-down menu to select “New Hampshire” when prompted to indicate where the LLC will be physically located.
If asked why your LLC needs an EIN, you’ll likely select the option “started a new business.” If relevant, however, you can also indicate that you require an EIN because you intend to hire employees or want to change the type of organization you run (for example, from a general partnership to an LLC).
Next, enter personal information and the physical address for your LLC. Add the legal name of the LLC and the DBA, if relevant. Finally, you’ll need to answer a series of questions referencing specific situations such as your LLC’s involvement with gambling, alcohol sales, or the intended use of W-2s for employees.
You can also apply for an EIN using our service.
This step-by-step guide details the steps you need to name your New Hampshire LLC properly by searching if it is unique.
There are different costs to form an LLC in New Hampshire and maintain it. We’ve listed all of them in this post.
Appointing registered agent is a mandatory step in your LLC formation process in New Hampshire – learn more about it.
This post details which licenses and permits your New Hampshire LLC may require and how to obtain them.
We love helping people start their business. We take care of the LLC filing and offer additional services so you can focus on launching and growing your business, while remaining compliant with state regulations.
Here’s why people choose to form their LLC with us:
Our products are user friendly, all you need to do is answer a few questions about your business and let us take care of all the rest.
Our platform is easy to use and is optimally designed to guide you through your LLC formation process and business journey.
We offer more products to help you set and manage your business like registered agent, business licenses, and annual report.
For more reviews from our customers, visit our reviews page.
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This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness.
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