How to Start an LLC in New Hampshire

What is an LLC?

A Limited Liability Company (LLC) is a type of business organization that provides personal liability protection to its owners, or members. This implies that the owners are typically not held personally liable for the debts or legal liabilities of the business. Creating an LLC is an excellent choice for individuals who want to shield their personal assets while enjoying the convenience of a less complicated business structure.

In New Hampshire, the LLC setup process is simple but should be done carefully to prevent any errors that will cause delays in formation. Here are the important steps to follow when forming your LLC in New Hampshire.

1

Personal Asset Protection

An LLC provides a legal barrier between your personal assets and business liabilities, protecting your savings, home, and other personal property from business debts and lawsuits.

2

Tax Flexibility

LLCs offer pass-through taxation by default, meaning business income passes through to your personal tax return, avoiding double taxation while providing options for how you're taxed.

3

Management Freedom

New Hampshire LLCs provide flexibility in management structure, allowing you to choose between member-managed or manager-managed operations to suit your business needs.

Steps to Create an LLC in New Hampshire

Select a Different Name for Your LLC

The initial responsibility of creating your LLC is to choose a name that is unique and available in the state of New Hampshire. You will have to ensure that the name you've chosen is not already used by another company within the state.

Required Words: Your name should either be "Limited Liability Company" or an abbreviation such as "LLC" or "L.L.C."
Prohibited Words: The name should not include words such as "Agency," "Board," "Bureau," "Commission," "Department," or "Municipal" that may connote government affiliation.
Restricted Terms: It must not be ambiguous with current government agencies (e.g., "Treasury," "FBI," "State Department").
Domain Name: Before making your final name choice, it's a good practice to also verify that your website domain name is available, if you intend on developing an online presence.

Name a Registered Agent in New Hampshire

Each LLC in New Hampshire is required to have a registered agent. The registered agent accepts legal papers, government mail, and official documents in your LLC's name.

Registered Agent Requirements

You have three primary choices for your registered agent:
- Yourself – If you're a resident of New Hampshire, you can be your own registered agent.
- An LLC Member or Manager – A fellow member or manager in your LLC can assume the task.
- A Professional Registered Agent Service – This is usually the easiest solution.

Professional Service Benefits

A professional service can help ensure you are always in compliance with all state laws, and they will have a New Hampshire physical address where they can accept official documents during regular business hours.

Best Registered Agent Services for New Hampshire

ZenBusiness

With its streamlined process, ZenBusiness assists you in quickly creating your LLC and provides a dependable registered agent service with the inclusion of a compliance dashboard. Its service costs $199.

Rapid LLC formation.
Convenient compliance services.
Simple online platform with document access.

Cons: No nonprofit formations.

Northwest Registered Agent

A long-standing and trusted name with more than two decades of experience, Northwest Registered Agent offers high-quality registered agent services with a focus on privacy and security. It charges $125 per year for its services.

Strong data privacy policy.
A+ rating with the Better Business Bureau.
Supports corporation and LLC registration in all 50 states.

Cons: Higher upfront incorporation costs.

File with the New Hampshire Secretary of State

After you have decided on your name and named your registered agent, the next step is to file your LLC with the New Hampshire Secretary of State. You may file online, by mail, or in person.

Filing Fee

The cost to file Articles of Organization is $100. In addition to this fee, you might also be charged extra depending upon the services you choose (e.g., expedited filing or a business license).

Filing Options

Filing by Mail:
Mail your signed forms to:
New Hampshire Department of State
Corporation Division
Limited Liability Division
204 107 North Main Street
Concord, NH 03301

In-Person Filing

State House Annex, 3rd Floor
Room 317, 25 Capitol Street
Concord, NH

Online filings usually take 2-3 business days to be processed. Processing can take a maximum of 1-3 weeks if you file by mail. You can have your filing expedited for a fee if you prefer that your LLC be processed faster.

What to Do After Forming Your LLC

After your LLC is incorporated in New Hampshire, there are a few key things you need to do to keep your business running smoothly:

Open a Separate Business Bank Account

It is important that you keep your personal and business finances separate. This keeps the LLC's protection from liability.

Consider Hiring an Accountant

A business accountant can help with tax planning, keep you out of penalty trouble, and handle your financial books so you can focus on managing your business.

Get Business Insurance

Even if your LLC is small, think about getting business insurance. General liability and workers' compensation insurance can safeguard your business against unforeseen risks and help keep your employees safe.

Set Up Proper Record-Keeping

Good record-keeping is crucial for maintaining the legal protection of your LLC. Keep track of all your business transactions and maintain accurate records of meetings and decisions.

Frequently Asked Questions (FAQs)

How much does it cost to start an LLC in New Hampshire?

The fee to file the Articles of Organization in New Hampshire is $100. In addition, there may be additional fees for things like business licenses or expedited processing.

Is a Trade Name (DBA) required for my LLC?

A Doing Business As or Trade Name is not necessary unless you intend to conduct business in a name other than your LLC's official name. If you decide to do so, you will need to register the name as a DBA.

How long will it take to process my LLC formation?

Online filings usually take 2-3 business days to be processed. Processing can take a maximum of 1-3 weeks if you file by mail. You can have your filing expedited for a fee if you prefer that your LLC be processed faster.

Can I act as my own Registered Agent?

Yes, you can be your own registered agent in New Hampshire if you have a physical New Hampshire address. But most business owners prefer to hire a professional registered agent service so that they can be sure they comply with all the legal requirements and have a good point of contact for receiving important documents.

Do I need an Operating Agreement for my LLC in New Hampshire?

Although New Hampshire doesn't need an LLC to have an Operating Agreement, it is strongly advisable. It creates the structure and management of your LLC and will help avoid future conflicts between members.

Is there an annual report requirement for my LLC in New Hampshire?

Yes, New Hampshire does require LLCs to file an annual report. The report is due on April 1st annually, and the fee to file is $100. This report contains some simple information regarding your LLC, including its principal address and names of its members or managers.

Can I create an LLC in New Hampshire if I don't reside there?

Yes, you do not need to be a resident of New Hampshire to create an LLC there. You will need to have an appointed registered agent with a New Hampshire physical address who can receive legal notices for you.

Do I need an EIN for my New Hampshire LLC?

If your LLC will have employees or if you want to set up a business bank account, you will be required to get an Employer Identification Number (EIN) from the IRS. You will need this number for tax reporting purposes as well and can get it online at no charge from the IRS website.

Ready to Start Your New Hampshire LLC?

By completing these steps and having your LLC in compliance with New Hampshire, you can establish your business for success while saving your personal assets.

Get Started Today

How to Form an LLC in New Hampshire