Q: Is it possible to amend the name of my New Hampshire LLC? If so, what do I need to do?
Thank you to one of our customers in New Hampshire for that question! Changing your LLC name in New Hampshire requires filing an amendment with the New Hampshire Department of State, Corporations Division. Here’s what you’ll need to do:
1. Make sure your new LLC name is available
Before filing any paperwork with the state, it’s a good idea to check the state’s Business Entity Search to be certain your desired name is available. If it’s already being used by another company, you won’t be able to use that name for your business.
Can I reserve my desired LLC name before filing an amendment?
Yes. If you want to ensure your business name is still available by the time you file a name-change amendment, you may submit an Application for Reservation of Name to the New Hampshire Department of State, Corporations Division. The filing fee is $15, and your name will be reserved for 120 days.
2. File a New Hampshire LLC Amendment
To officially change the name of your New Hampshire LLC, you must file a Limited Liability Company Certificate of Amendment ($35). The amendment form should include:
- Name of LLC
- New LLC name (the form asks for “text of each amendment”)
- Signature of a manager or member
- Filing Fee of $35
See Northwest’s page: How to File a New Hampshire LLC Amendment.
Where do I submit my New Hampshire LLC Amendment?
You can file your LLC amendment online or by mail.
Online: NH Quickstart
By Mail:
Corporation Division
NH Dept. of State
107 N Main St, Rm 204
Concord, NH 03301-4989
Can I change my LLC name in my annual report filing?
No. You cannot officially change your LLC name when filing your annual report. You can ONLY change the following information in your New Hampshire Annual Report filing:
- Names of managers / members
- Mailing address
- Principal office address
- Registered agent
3. Update your LLC Operating Agreement
Keeping your New Hampshire LLC Operating Agreement current is an important part of maintaining your LLC. When you change your LLC name, you’ll have to update your operating agreement to reflect this change.
How do I update my operating agreement?
Since your operating agreement is an internal document, there is no standard procedure for amending it. Instead, the process for updating your operating agreement should be contained in the operating agreement itself. This process may look different from company to company, but in general it entails:
- Drafting an amendment
- Holding a meeting with all (or a majority) of LLC members
- Voting to adopt the amendment (or not)
- Adopting the amendment (only if all or a majority of members approve it)