How to Start an LLC in New Hampshire (Step-by-Step Guide)

If you’re considering forming a New Hampshire LLC, you’re making a smart choice for protecting your assets while enjoying flexibility in business operations.

To establish your LLC successfully, you must choose a unique business name, designate a registered agent, and file a Certificate of Formation.

But there’s more.

Filing your LLC Certificate of Formation costs $100, and it takes seven to ten business days to be approved.

This guide compiles all the information you need to start an LLC in New Hampshire today.

What Are the Steps to Start an LLC in New Hampshire?

To start an LLC in New Hampshire, you need to:

• Step 1. Select a unique name for your New Hampshire LLC
• Step 2. Select a registered agent in New Hampshire
• Step 3. File Certificate of Formation with the state
• Step 4. Create an Operating Agreement
• Step 5. Get an EIN from the IRS
• Step 6. File a BOI Report
• Step 7. File annual reports

Let us dive more in-depth into these steps so I can show you how to get them:

Step 1: Select a Unique Name for Your New Hampshire LLC

Choosing a name for your LLC is an essential first step. It would be best if you had a unique and distinguishable name from other businesses in New Hampshire.

Search for your desired name using the New Hampshire LLC name search tool. If your chosen name is already in use or too similar to another name, you cannot register it.

The goal is to avoid names that could be confused with others.

Your LLC name must contain “Limited Liability Company” or an abbreviation like “LLC” or “L.L.C.” Ensure that it follows all naming requirements set by the state.

If you prefer a different name for marketing, consider filing for a trade name(also known as DBA—doing business as). This name can be more casual and tailored to your brand. You can do this by filing an Application for Registration of Trade Name, which costs $50.

Check for trademarks across other states once you find a unique and eligible name. Use the U.S. Patent and Trademark Office’s website to verify your name isn’t already trademarked. If it’s available, consider registering it to protect your brand.

You can file an Application for Registration of Trademark for $50.

If you’re not ready to register your LLC immediately, you can reserve your name by filing an Application for Reservation of Name through the Secretary of State. This costs $15 and holds your name for 120 days, giving you time to prepare your LLC filing.

Step 2: Choose a New Hampshire Registered Agent

A registered agent is an essential part of your LLC in New Hampshire. This person or business receives legal documents, tax notices, and government correspondence on your behalf.

Take your time selecting the right registered agent. This decision can help your LLC run smoothly and stay in good standing with the state.

Who Can Be a Registered Agent?

You have a few options for who can be your Registered Agent in New Hampshire:

• You: You can act as your registered agent, but remember you must be available during business hours to receive documents.
• A Family Member: A trusted family member can be your registered agent.
• An LLC Formation Service: Professional services offer expertise in handling official correspondence and ensuring compliance with state regulations.
• A Lawyer: A legal service firm can also serve as your registered agent, providing additional legal support if needed.

Requirements for New Hampshire Registered Agents

New Hampshire law requires registered agents to have a physical street address, not just a P.O. Box. The address must be where the agent can consistently receive legal documents and official mail during regular business hours.

Additionally, the registered agent must be at least 18 years old and available to accept service of process. This means they must be present to handle any legal notices or court documents delivered to the LLC.

What registered agents do I recommend for New Hampshire?

I highly recommend Northwest registered agent services for obvious reasons.

They offer a range of benefits that set them apart, including a free year of registered agent service, which helps you save (about $300) on initial costs.

You’ll receive a complimentary operating agreement essential for outlining your LLC’s internal structure. My favorite part? Northwest also allows you to use their office address for your LLC filing, keeping your address off public records and enhancing your privacy.

Their free email forwarding service ensures you stay on top of important correspondence, and their exceptional customer support is always available to assist you whenever needed.

Step 3: File New Hampshire LLC Certificate of Formation

You must file a Certificate of Formation to start your LLC in New Hampshire. This is the most crucial document that officially registers your LLC with the state of New Hampshire. This form includes essential details such as your LLC’s name, address, registered agent, and members’ or managers’ names.

To file your Certificate of Formation in New Hampshire, follow these steps:

Step #1. Complete the Form: Obtain and complete the Certificate of Formation form from the New Hampshire Secretary of State website.

When filling out the form, gather this information:

• LLC Name: Your business’s official name.
• Addresses: Provide the principal and mailing addresses, plus your business email and phone number.
• Purpose: A brief statement about what your company will do.
• Registered Agent: The name and address of your LLC’s registered agent.
• Members: The number of LLC members and their names, addresses, and titles.

Step #2: File Online, by Mail or in person: You can file your Certificate of Formation online through the New Hampshire QuickStart Portal or by mailing the completed form to:

Corporation Division, NH Dept. of State
107 N Main St, Rm 204
Concord, NH 03301-4989

Or you can file in person at:

State House Annex
3rd Floor, Rm 31725
Capitol St, Concord, NH

Step #3: Pay the Filing Fee: The fee to file the Certificate of Formation is $100. If you file online, there’s an additional $2 electronic handling charge. If you file by check, include the $100. It takes seven to ten days for your filing to be processed.

Filing in person costs $25 extra and is processed in 15 minutes to two hours.

You’ll receive a stamped and approved copy of your Certificate of Formation and a Certificate of Good Standing. You can officially begin your business operations in New Hampshire.

Step 4: Prepare an Operating Agreement for your LLC

An Operating Agreement is a crucial document for your LLC. It outlines how your business will run and defines the roles of its members.

While it’s not legally required in New Hampshire, an Operating Agreement is strongly recommended. It helps prevent misunderstandings among members and provides a clear structure for decision-making.

Key elements to include in your Operating Agreement:

• Business Name and Address: Clearly state your LLC’s name and where it is based.
• Members’ Information: List all members and their ownership percentages.
• Management Structure: Decide if your LLC will be member-managed or manager-managed.
• Voting Rights: Define how votes will be counted and how decisions will be made.
• Profit Distribution: Explain how profits and losses will be shared among members.
• Meeting Procedures: Outline how often meetings will occur and how members will be notified.
• Amendment Process: Describe how changes can be made to the agreement in the future.

Creating this internal document helps ensure that everyone understands their duties and rights. It can also ease potential disputes by providing a framework for resolving issues.

Creating an operating agreement may feel complex, but it’s essential for clarity.

It serves as your LLC’s rulebook, guiding operations and avoiding conflicts down the line. Keeping everyone on the same page is even more vital if you have partners.

Step 5: Obtain an EIN for Your LLC

An Employer Identification Number (EIN) is a nine-digit number the IRS assigns. It identifies your business for tax purposes.

Why You Need an EIN:

• Banking: Most banks require an EIN to open a business account.
• Credit: An EIN helps you apply for business loans or lines of credit.
• Vendors: Some suppliers require an EIN to work with you.
• Permits: Certain licenses or permits might also need an EIN.

How to Apply for an EIN:

• Online: Visit the IRS website. This is the fastest way to get your EIN.
• By Mail: Fill out Form SS-4 and send it to the IRS. This option takes longer.
• By Fax: You can also fax the completed Form SS-4.
• Phone: U.S. residents can call the IRS at 1-800-829-4933 to apply.

How Much Does It Cost To Get EIN?

Obtaining an EIN is free. However, some services charge $100 or more to help you with the entire process.

How Does it Take to Obtain my EIN?

• Online: Get it immediately.
• By Mail: Expect 4 to 6 weeks.
• By Fax: It takes at least 1-2 weeks.

Step 6: File a BOI Report

As part of your responsibilities when starting an LLC in New Hampshire, you may need to file a Beneficial Ownership Information (BOI) report. This report helps the government keep track of business ownership.

Who Should File?

If your LLC is not exempt, you must file a BOI report. Exempt entities generally include larger businesses and certain government bodies.

When to File:

• Companies created before January 1, 2024, have until January 1, 2025.
• New companies formed between January 1, 2024, and January 1, 2025, must file within 90 days.
• LLCs formed after January 1, 2025, must report within 30 days.

How to File:

• Visit the FinCEN BOIR e-filing page.
• Choose from the options available:
  • Initial Report
  • Correct Prior Report
  • Update Prior Report
  • Newly Exempt Entity
• Select “Initial Report” for new filings and click NEXT.

Information Needed:

• Business Name and Address: Your LLC’s official name and primary location.
• Owner Information: Names, addresses, and dates of birth for each beneficial owner.
• Identification Numbers: This could include Social Security numbers or tax ID numbers.

Provide accurate and complete information to avoid delays. Filing this report is a legal requirement and helps maintain transparency in business operations.

Step 7: File Annual Report for your New Hampshire LLC

Every LLC operating in New Hampshire is required to submit an Annual Report each year to remain compliant and maintain good standing with the state.

This report helps keep your LLC’s information current with the New Hampshire Secretary of State.

You can complete the Annual Report online. The filing fee for the New Hampshire LLC Annual Report is $100 per year.

If you don’t have any changes to report, you can use the OneClick filing option. Otherwise, file your report through the NH Quickstart portal.

Your LLC’s Annual Report is due between January 1st and April 1st. The first report is due the year after your LLC is formed.

For example, if your LLC is formed on February 5th, 2024, your first Annual Report is due between January 1st and April 1st of 2025. Reports can be filed as early as January 1st each year.

If you miss the April 1st deadline, your LLC will be marked as “Not in Good Standing. ” You will incur a $50 late fee in addition to the regular $100 filing fee, for a total of $150.

Once the late fee is paid and the report is filed, your LLC will return to “Good Standing” status. However, the state will administratively dissolve your LLC if you fail to file for two consecutive years.

The Secretary of State sends one courtesy reminder shortly after January 1st. This reminder is sent via mail or email based on what you selected in your Certificate of Formation.

However, even if you don’t receive the reminder, submitting the report on time is still your responsibility. To avoid any issues, setting a recurring reminder on your phone, computer, or calendar is a good idea.

If errors are found in your Annual Report, the state will notify you and give you 30 days to correct and re-file it.

What are the Different Methods To Start a New Hampshire LLC?

You can choose from several methods to start your LLC in New Hampshire. Each method has its steps, benefits, and drawbacks.

Here’s a closer look at your options.

DIY LLC Formation in New Hampshire

Forming your LLC by yourself involves filling out the necessary forms and filing them with the state. Begin by selecting a unique name for your LLC. Then, you’ll need to file the Certificate of Formation with the New Hampshire Secretary of State, either online or by mail.

All by yourself, no third party!

Pros:

• Cost-Effective: You save money by not hiring anyone.
• Control: You have complete oversight of each step.
• Learning Opportunity: You gain knowledge about the process.

Cons:

• Time-Consuming: It may take longer if you are unfamiliar with the process.
• Complexity: You must ensure all forms are correctly filled out.
• Privacy issue: If you serve as your registered agent, you risk having your address out there.
• Lack of Guidance: You might miss the necessary steps.

Using a Professional/Online LLC Formation Services

Many online services can help you form your LLC. These platforms guide you through the entire process, handling most paperwork.

Pros:

• Convenient: They manage the filing, saving you time.
• User-Friendly: Most platforms have easy-to-understand instructions.
• Support Available: Many offer customer service for questions.
• Privacy benefits: Most services allow you to use their address for free, so your address doesn’t get compromised

Cons:

• Costs: You’ll pay a service fee.
• Variable Quality: Some services may not be as reliable as others.

Hiring an Attorney

Working with an attorney is another option for forming your LLC. This method ensures you have professional legal guidance throughout the process.

Pros:

• Expertise: An attorney knows the legal requirements and can avoid pitfalls.
• Customization: Your LLC can be tailored to your specific business needs.
• Support with Complex Situations: Ideal for businesses with unique circumstances.

Cons:

• Higher Costs: Legal fees can be expensive.
• Dependence on Others: You may rely heavily on the attorney’s schedule.
• Potential Delays: The process may take longer due to attorney workloads.

What is The Cheapest Alternative Way to Form an LLC in New Hampshire?

If you want to start an LLC in New Hampshire on a budget, the most affordable option is to do it online. By filing the Certificate of Formation directly with the New Hampshire Secretary of State, you can keep costs between $100 and $150, depending on your needs.

This DIY approach helps you avoid the extra fees of hiring a service or lawyer, saving you money for other business expenses.

However, while DIY is cost-effective, it requires some effort. You’ll need to understand all the forms and regulations, and missing a detail could delay your application or create problems later.

Consider using a registered agent if you prefer not to handle everything yourself.

They can make the process smoother by ensuring you receive important documents and helping you stay compliant with state requirements. Although this adds a bit to the cost, it can provide valuable support and peace of mind.

Who Provides the Best LLC Services in New Hampshire?

There are a myriad of New Hampshire LLC services from which to choose. Choosing the wrong one can affect your New Hampshire LLC formation timeline—I know this from my experience using a few and researching a dozen over the years.

Here are some top-rated options you should consider:

Best New Hampshire LLC Service	Google Rating	LLC Formation Cost	Registered Agent Fee
Northwest Registered Agent	4.7/5	$39	Free for one year
Doola	4.6/5	$0 (plus state fees)	$297/year
Tailor Brands	4.4/5	$0 (plus state fees)	$199/year
ZenBusiness	N/A	$0 (plus state fees)	$199/year

Besides, the fact that other services bill you for their registered agent in the first year, and Northwest offers it for free, is a HUGE plus for me.

Northwest Registered Agent stands out in New Hampshire LLC formation due to its commitment to transparency, customer service, and privacy. Using their address helps protect your personal information, making them a reliable choice.

How Much Does It Cost To Form an LLC in New Hampshire?

Forming an LLC in New Hampshire involves several costs. The main expense is the state filing fee for the Certificate of Formation. This fee is $102 if you file online. If you choose to file by mail, it is $100.

Here is a breakdown of the costs associated with forming an LLC in New Hampshire:

Requirement	Cost Range
New LLC Filing Fee (Certificate of Formation)	$100 (mail), $102 (online)
LLC Name Reservation (optional)	$15
Trade Name Filing (optional)	$50
Trademark Application (optional)	$50
LLC Formation Service (optional)	$39 (via Northwest)
Registered Agent Fee (optional)	$0 (via Northwest)
Annual Report	$100
Total Estimated Cost	$200 – $360

When forming a new company in New Hampshire, it is ideal to budget about $200-$360 for the first year. Then, if you want to go further, you can get other bells and whistles like a virtual mailbox, custom website, trademark services, premium EIN services, etc.

That said, the most significant (and essential) expense for every New Hampshire business owner is filing the Certificate of Formation, which costs $100.

Pros and Cons of Forming an LLC in New Hampshire

6 Important Things To Do After Creating Your New Hampshire LLC

Once you have created your New Hampshire LLC, several key steps must be taken to ensure your business runs smoothly. These steps will help you stay compliant and establish a solid foundation for your venture.

1. Research the Best Licenses and Permits for Your Business

Different businesses may require specific licenses and permits to operate legally in New Hampshire. Start by checking with the New Hampshire Secretary of State’s office and local government websites for any requirements.

Make a list of the licenses and permits you might need. This could include:

• Business licenses: Required for general business operations.
• Professional licenses: Needed for certain professions like medical, legal, or financial services.
• Health permits: Essential for businesses that serve food or run health-related services.

2. Create Business Accounts for Your New Hampshire LLC

Opening a separate bank account for your LLC is essential for keeping your business finances organized and distinct from your funds. This separation simplifies your accounting and helps safeguard your assets by clearly distinguishing between personal and business transactions.

When choosing a bank, look for one that offers business-friendly services, such as waived fees, free online banking, and other features that can benefit your business.

To open the account, be prepared to provide your EIN and a copy of your Articles of Organization.

A dedicated business account streamlines your financial management and simplifies tax preparation.

3. Understanding New Hampshire Tax Requirements and Managing Your Taxes

New Hampshire doesn’t have a sales or income tax, but LLCs that make a certain amount of income for the year are subject to business taxes.

For example, entities that make a gross business income over $103,000 for the taxable period beginning Jan. 1, 2023, through Dec. 31, 2024, are subject to a 7.5% Business Profits Tax. You can file your tax forms through the mail.

4. File your Annual Report

Every LLC operating in New Hampshire is required to submit an Annual Report each year to remain compliant and maintain good standing with the state.

This report helps keep your LLC’s information current with the New Hampshire Secretary of State.

You can complete the Annual Report online. The New Hampshire LLC Annual Report filing fee is $100 per year. If you don’t have any changes to report, you can use the OneClick filing option. Otherwise, file your report through the NH Quickstart portal.

Your LLC’s Annual Report is due between January 1st and April 1st. The first report is due the year after your LLC is formed.

If you miss the April 1st deadline, your LLC will be marked as “Not in Good Standing. ” You will incur a $50 late fee in addition to the regular $100 filing fee, for $150.

5. Get Business Insurance for an LLC

Just as you wouldn’t leave your home without coverage, your LLC also needs the right business insurance to guard against potential risks and liabilities. Insurance protects your company’s assets and ensures financial stability in case of unforeseen issues or legal claims.

Your insurance needs will vary based on your business operations.

For example, general liability insurance covers risks such as slip-and-fall accidents or property damage if your LLC operates from a physical storefront.

Conversely, if you run your business as a consultant and work remotely, you might only need professional liability insurance to cover potential service errors or omissions.

6. Setup Your Business Online Presence (optional)

In today’s digital age, online presence can significantly benefit your business. Start by creating a professional website. This platform allows you to showcase your services and connect with customers.

Consider using social media to engage your audience. Platforms like Facebook, Instagram, and LinkedIn can enhance your visibility.

New Hampshire LLC vs. S Corp vs. Partnerships vs. Sole Proprietorship vs. Corporations

Knowing the main types of business structures is essential when starting a business in New Hampshire. Each has its own rules and benefits.

Choosing the proper structure depends on your business goals, how much risk you want to take, and how you want to handle taxes.

Sole Proprietorship

A New Hampshire sole proprietorship is the most straightforward way to start a business. Imagine you’re running a lemonade stand on your own. You make all the decisions and keep all the profits.

However, there’s no legal separation between you and your business. If your lemonade stand faces financial trouble or legal issues, your assets, like your car or home, could be at risk.

It’s easy to set up and manage, but it does leave you personally responsible for any business debts.

Partnership

A New Hampshire partnership involves teaming up with one or more people to run a business together.

Think of it as joining forces with a friend to open a café. You share the profits and responsibilities, and you both make business decisions.

However, like a sole proprietorship, each partner is personally liable for any business debts or legal issues. If the business encounters financial trouble, your assets could be at risk, too.

Partnerships are relatively easy to set up but require clear agreements between partners to avoid conflicts.

LLC (Limited Liability Company)

An LLC offers a blend of flexibility and protection.

Picture it as a protective umbrella over your lemonade stand. This structure separates your assets from your business, so if your LLC faces legal issues or debts, your personal belongings are generally safe.

LLCs are more formal than sole proprietorships or partnerships but offer management and tax treatment flexibility. They are ideal for small—to medium-sized businesses that want liability protection without the complexity of a corporation.

S-Corporation

An S Corporation is a more structured business form.

Think of it as a business where owners are shareholders, much like a small-scale company with multiple investors. It protects liability and allows profits to pass through to your tax return, avoiding double taxation.

This means you report the income and losses on your tax return, which can be beneficial for tax purposes. However, S Corps have stricter operational requirements and formalities compared to LLCs.

Corporation

A New Hampshire corporation is the most complex structure, suitable for larger businesses aiming for significant growth. Imagine a big company with many shareholders.

A corporation offers robust liability protection and is a separate legal entity from its owners, meaning your assets are protected.

Corporations can raise capital more efficiently by issuing stock and can offer employee benefits.

However, they come with extensive regulatory requirements, formalities, and paperwork, making them more suitable for businesses with significant resources and expansion plans.

My Final Thoughts: Forming an LLC in New Hampshire

Starting an LLC in New Hampshire is an exciting step toward bringing your business idea to life. Although it might seem like many steps initially, breaking them down makes the process more manageable and ensures you cover all the essential bases.

Starting an LLC in New Hampshire involves several key steps:

• Choose a name for your LLC.
• Appoint a registered agent.
• File the Certificate of Formation with the state.
• Create an operating agreement.
• Obtain an EIN (Employer Identification Number).
• File a BOI Report
• File an annual report.

The cost to file the Certificate of Formation is $100. Expedited processing costs an extra $25.

After forming your LLC, prepare for annual reports, which cost $100 yearly.

It’s essential to take these steps seriously. Starting an LLC can provide personal liability protection and help you establish credibility. Ensure you comply with state requirements to keep your business in good standing.

Forming an LLC in New Hampshire can be a smooth process with the proper preparation and knowledge.

Research and follow the guidelines to set up your business successfully.

Learn More About Starting an LLC in New Hampshire

If you need additional help to start an LLC in New Hampshire, check out these valuable resources:

Frequently Asked Questions

Can I change my registered agent in New Hampshire?

Yes, you can change your registered agent in New Hampshire. To do so, you’ll need to file a new Registered Agent form with the New Hampshire Secretary of State.

How do I change my New Hampshire LLC’s name?

You must file an Application for Name Change with the New Hampshire Secretary of State to change your LLC name. This application may be associated with a small fee.

How do I renew my New Hampshire LLC?

New Hampshire does not require a renewal of your LLC each year. However, you must file an Annual Report to keep your LLC in good standing.

How do I dissolve an LLC in New Hampshire?

To dissolve an LLC, you must file a Certificate of Dissolution with the New Hampshire Secretary of State. Ensure all debts are settled before taking this step.

How do I add a member to a New Hampshire LLC?

To add a member, you may need to update your operating agreement and file an amendment with the Secretary of State, depending on your LLC’s rules. Check your operating agreement for specific guidelines.

How do I add a DBA to an LLC in New Hampshire?

To add a Doing Business As (DBA) name, you must file for a Trade Name Registration with the New Hampshire Secretary of State. This process usually involves a small fee.

Can a minor own an LLC in New Hampshire?

Yes, a minor can own an LLC in New Hampshire. However, a legal adult must serve as a registered agent or manage the business on their behalf.

When is the New Hampshire Annual Report due?

The New Hampshire Annual Report is due on April 1st each year. File it on time to avoid penalties.

Does LLC expire in New Hampshire?

No, an LLC does not expire in New Hampshire as long as you file your Annual Reports and pay the necessary fees. It remains active unless formally dissolved.

Can a non-resident open an LLC in New Hampshire?

Yes, a non-resident can open an LLC in New Hampshire. There are no residency requirements for forming an LLC in the state.

Can I buy a house or car with my LLC in New Hampshire?

Yes, your LLC can purchase property like houses or cars. However, ensure the purchase is legally documented and aligned with your business’s purpose.

Can you have multiple businesses under one LLC in New Hampshire?

Yes, you can operate multiple businesses under one LLC in New Hampshire. However, to avoid confusion, it’s important to keep good records and separate finances for each business.

Is New Hampshire a good state to form an LLC? Is it worth it?

New Hampshire is considered a good state to form an LLC due to its business-friendly environment, low taxes, and fewer regulations than other states. Many find it worth the effort to establish a business here.

Can one person form an LLC in New Hampshire?

Yes, a single person can form an LLC in New Hampshire. This single-member LLC offers the same legal protections as multi-member LLCs.