How to Form an LLC in New Hampshire

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: January 31, 2023 References

A Limited Liability Company (LLC) is a business structure in the United States that provides limited liability to its owners, and the benefits of pass-through taxation of a partnership or sole proprietorship. In an LLC, owners report profits and losses on their personal taxes, but are protected from personal liability for business debts and claims. Each state, including New Hampshire, has specific forms and requirements for legally forming an LLC.

Part 1

Part 1 of 2:

Setting Up Your LLC

1
Choose your LLC name. According to state law, the words "Limited Liability Corporation" or the abbreviation "LLC" (can also be "L.L.C." or "L. L. C.") must be part of the name. Your name must be different from other businesses already claimed in the state. The Secretary of State has a business name database that will allow you to see if your choices are available.^{[1]
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- There are certain restricted words related to specific businesses or licenses, such as "Bank" or "Doctor." You can include these names, but be aware they may require additional licensing from the state.
- You may also want to make sure you have a name that you can reserve as a website domain.
By filling out an Application for Reservation of Name with the Secretary of State, and paying a $15 fee, you can reserve a name for 120 days (about 4 months). This step is optional, but is a good idea if you aren't ready for the forms.^{[2]
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3
File a Certificate of Formation. These forms are available on the Secretary of State's website. You can either fill out the form online at the Secretary's website, or print it out and fill in by hand. Mail the form to Corporation Division, Department of State, 107 North Main Street, Concord, NH 03301-4989.
- Fill out the form in ink, which can mean printer ink. The Secretary State will not accept forms filled out in pencil or erasable ink.^{[3]
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- Make sure to include the $100 filing fee. Checks should be made out to "State of New Hampshire."
- If you are an LLC from outside New Hampshire trying to set up an office in the state, there is a separate FLLC Application that must be filed. You may need to make sure that your name is available in New Hampshire, and if it's not, you will need a specific name for use in the state.
4
Appoint a Registered Agent. New Hampshire requires that every LLC have a register agent, a business entity that will accept papers on the LLC's behalf. This agent must be a New Hampshire resident or business, and be authorized to act as an agent.^{[4]
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- The Secretary of State's website provides the names and contact information for corporations that can act as registered agents.
The operating agreement defines the structure of your business and explains your liability. It acts as a binding contract among the members, and can help clarify disputes between members.^{[5]
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U.S. Small Business Administration
U.S. government agency focused on supporting small businesses

Go to source} An operating agreement is not required in New Hampshire, but is a good idea regardless of the state you are in.

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Part 2

Part 2 of 2:

Preparing Tax and License Information

In order to keep up to date with taxes, you will need to file for an EIN with the IRS. You can apply through the IRS website, or you can fax or mail a completed SS-4 form. Filing online will get you an EIN immediately, while the mailed or faxed form should return a number in about four business days. Filing for an EIN is free.^{[6]
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Internal Revenue Service
U.S. government agency in charge of managing the Federal Tax Code

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Certain types of businesses require additional licenses from the state. This include areas such as environmental permits, food services, selling alcoholic beverages, and professional licenses for professions such as architects, accountants, engineers, land surveyors, nurses, and veterinarians.
Towns and counties may have additional licensing or other requirements to open your business in their jurisdiction. Make sure you are familiar with the laws of the town and county as well as the state.
4
Pay state business taxes. New Hampshire levies several unique taxes directly on LLCs if their income exceeds certain levels. These taxes are calculated and paid using Forms BET ^{[7]
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- New Hampshire is one of several states that does not have a sales tax, so you do not need to worry about paying one.
Register your LLC with Quickstart. New Hampshire requires businesses to file Annual Reports and Fees with the state, and provides QuickStart, an online service for doing so. You will want to register, and make sure you file your annual reports to stay in business.

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