Start an LLC in New Hampshire

First off, you need a name for your LLC. The complete text of New Hampshire’s naming rules for LLCs can be found in NH Revised Stat. § 304-C:32, but in general, your LLC name must:

• Include “limited liability company,” or an acceptable abbreviation such as “LLC.”
• Be unique among registered business names in New Hampshire. You can run a business name search via the Secretary of State’s website.
• Not contain language implying your business is something it’s not, such as a government agency or a charity.
• Not use the name of a political party unless you have written consent from a representative of that party.

Tip: If your preferred name is available in New Hampshire, that’s great. But it’s still possible that someone has trademarked the name federally, which could leave you open to getting sued. Running a trademark clearance search can help you avoid that situation.

You’ve picked a name for your New Hampshire LLC. Now it’s time to see if your business name is available as a domain name. A domain name is just a website address (for instance, ours is northwestregisteredagent.com).

But what if you aren’t ready to build a business website yet? That’s just fine, but you should still go ahead and reserve a domain name. Reserving a domain name now is a good idea because:

• Changing your LLC’s name is a long and often frustrating process. If you can’t find a domain name that matches or goes with your LLC’s name, it’s best to find out as soon as possible.
• Registering a domain name early enables you to go ahead and get a business email address.

Giving out a personal email address for your business may seem unprofessional. It’s easier to organize your business correspondence properly from the beginning by using a business email address (like [email protected]).

Tip: When you hire us to form your LLC, you’ll get a free domain name for a whole year.

A Certificate of Formation is what you submit to the New Hampshire Corporations Division. Once you’ve submitted the paperwork, the Corporations Division will check it for any issues. If there are none, the state will approve your business, meaning your LLC is officially formed.

Tip: Everything you list on this form becomes part of the public record. Hiring a professional registered agent is one way to keep your personal information private.

Your Certificate of Formation must include the following info:

How do you “file” a New Hampshire Certificate of Formation?

When we say “file,” we mean submitting your Certificate of Formation to the New Hampshire Corporations Division. Filing can be done in one of three ways: online, by mail, or in-person.

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

In person:
State House Annex
3rd Floor, Rm 317
25 Capitol St, Concord, NH 03301

Online:
NH QuickStart

An operating agreement is a guidebook for how your LLC will operate. It includes information on how the LLC will do things like vote, handle disputes, and distribute profits. It should cover both everyday occurrences and events that only happen once, like the dissolution of the company.

You don’t have to file a copy of your operating agreement with the state, as operating agreements are considered internal documents. That said, you should still draft a written operating agreement, partly because you’ll need one to do things like open a business bank account. But a written agreement is also crucial in case your LLC ever ends up getting sued. Without one, your LLC will be subject to New Hampshire’s default LLC laws, which means you have less control over your business.

Tip: Drafting an operating agreement isn’t something you do every day, which can make it a struggle. So we had our attorneys draft an operating agreement exclusively for New Hampshire, and you can access it for free.

Your LLC will probably need an EIN. EIN stands for Employer Identification Number, and it’s a nine-digit number that’s assigned by the IRS. An EIN makes it easier to pay your taxes, but it also helps when applying for loans or opening a business bank account. As a bonus, listing your EIN on a form is more secure than giving out your social security number.

You can obtain an EIN through the IRS’ website. If you’d rather not do that, you can hire us to get an EIN on your behalf.

You should avoid blending your personal finances and business finances. Mixing the two could lead to a court deciding that, legally speaking, you and your LLC are the same. By opening a business bank account, you’ll be able to keep your business and personal finances separate. When you head to the bank to open a business account, you’ll need to bring three things: your EIN, a copy of your operating agreement, and an LLC Resolution to Start a Bank Account.

The last step is submitting a Beneficial Ownership Information Report with a federal agency called FinCEN. The BOI Report must include information about your company’s beneficial owners, and, depending on when your business was formed, company applicants as well. You can file the BOI Report yourself if you want, or you can hire us to file it for you.

*This is informational commentary, not advice. This information is intended strictly for informational purposes and does not constitute legal advice or a substitute for legal counsel. This information is not intended to create, nor does your receipt, viewing, or use of it constitute, an attorney-client relationship. More information is available in our Terms of Service.