How to Register an LLC in New Hampshire: A Step-by-Step Guide

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By: Michaela Dale Updated on: June 14, 2024

With its business-friendly tax climate, New Hampshire is a great place to start a new business. Forming a limited liability company (LLC) in New Hampshire provides you with tax flexibility, brand credibility, and personal asset protection. This guide outlines the key steps you need to take to register an LLC in New Hampshire. 

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New Hampshire LLC Quick Facts 

  • To register an LLC in New Hampshire, you must file a Certificate of Formation. 
  • The filing fee to start an LLC in New Hampshire is $100.
  • You are required to appoint a registered agent for a New Hampshire LLC. 
  • To maintain your New Hampshire LLC, you must file an Annual Report. 

6 Steps to Start an LLC in New Hampshire

Starting an LLC in New Hampshire is a straightforward process. Follow these six steps to register your LLC in the state.

Ready to start an LLC in New Hampshire? Follow these steps to get started: 

  1. Name Your New Hampshire LLC
  2. Appoint a Registered Agent
  3. File a Certificate of Formation
  4. Create an Operating Agreement
  5. Obtain an EIN and Handle Taxes
  6. File a Beneficial Ownership Information Report

Step 1: Name Your New Hampshire LLC 

When starting an LLC, the first step is to choose a business name. 

New Hampshire LLC names must meet the following criteria:

  • Include “Limited Liability Company,” “LLC,” or “Limited Company”
  • Be unique and distinguishable from any other business entity in the state
  • Cannot include terms that imply an affiliation with any government agency
  • Cannot falsify the business’s purpose

For the full list of naming requirements for New Hampshire LLCs, review the state’s statutes

To ensure your business name is unique, you will need to complete a business name search on the New Hampshire Department of State website.

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Step 2: Appoint a Registered Agent

To register an LLC in New Hampshire, you are required to select a registered agent who will be responsible for receiving important documents and information on behalf of your company. 

The registered agent must be a business or full-time resident of New Hampshire with a physical address. Additionally, the registered agent cannot be the LLC itself, but can be an LLC owner or employee. 

Who Is Eligible to Serve as a Registered Agent in New Hampshire?

To register an LLC in New Hampshire, it is important to ensure you have a registered agent in place. A registered agent can be the LLC owner, an employee of the company, a friend, family member, or a professional registered agent service. 

Step 3: File a Certificate of Formation 

To officially register your LLC in New Hampshire, you will need to file a Certificate of Formation with the New Hampshire Corporation Division. This can be done online or by submitting these formation documents by mail.

The filing fee is $100

Ensure you have the following information ready before filing:

  • Your LLC’s name, phone number, and email 
  • The address of your LLC’s principal office
  • The name and address of your registered agent 
  • Names, addresses, and titles of all LLC members 
  • Your NAICS code 

What Is an NAICS Code? 

A North American Industry Classification System (NAICS) code is used to identify the industry your business participates in. You can review New Hampshire NAICS codes through this list provided by the Secretary of State. 

Quick Note: If your LLC was originally formed in another state, you will need to register as a Foreign LLC in New Hampshire. This can be done by filing an Application for Foreign Limited Liability Company Registration by mail or online along with a filing fee of $100. 

Step 4: Create an Operating Agreement

An operating agreement is a valuable asset to any LLC in New Hampshire. However, you are not required by the state to create one. 

This document outlines the internal procedures and ownership details of your company, ensuring that all LLC members are on the same page and helping to prevent future conflicts. 

Step 5: Obtain an EIN and Handle Taxes

An Employer Identification Number (EIN) is required for tax reporting purposes. This number is necessary for taxes, hiring employees, and opening a business bank account.

You can obtain your EIN for free on the IRS website.

It is important to also identify any additional tax requirements for your business. Visit the New Hampshire Department of Revenue Administration website for more information on tax obligations. 

Step 6: File a Beneficial Ownership Information Report 

As of January 2024, LLCs are required to submit a Beneficial Ownership Information (BOI) report with the US Financial Crimes Enforcement Network (FinCEN) during the following time frames: 

  • New LLCs must submit a BOI report within 90 days of formation 
  • Existing LLCs must submit a BOI report before January 1st, 2025 

Failure to do so will result in a $500 per day fine. 

You can complete the filing on the FinCEN website for free. 

Next Steps

  • Open a business bank account to separate your personal finances from your business finances. This will help protect your personal assets. Lili Banking and Accounting Services is a great option for business banking. Open an account with Lili in just minutes and gain access to a myriad of financial tools for your business. 

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  • Look into any licenses and permits that may be required for your LLC at the federal and state levels. You can learn more about licensing requirements in New Hampshire on the state’s website
  • File an annual report to maintain your LLC’s good standing. This report must be submitted every year with the Secretary of State to keep your LLC in compliance with state regulations.
  • Obtain insurance coverage for your LLC to protect your business from unforeseen circumstances. Consider getting general liability, workers’ compensation, and personal liability insurance to ensure comprehensive coverage. We recommend NEXT Insurance for affordable, quick coverage.

Additional Tips for Success 

  • Build a strong network: Connect with fellow entrepreneurs, mentors, advisors, and industry leaders to gain insights and support as you build your business. 
  • Keep track of your compliance requirements: Stay aware of New Hampshire’s reporting and fee obligations to maintain your LLC’s good standing. 
  • Plan for the future: Set clear goals and milestones for your company to stay focused on long-term success.

Conclusion

After completing the necessary paperwork and submitting your registration documents to the New Hampshire Secretary of State, your LLC will be officially registered. It is important to keep track of any annual reporting and tax requirements to maintain good standing with the state. Additionally, consider consulting with a legal or tax professional to ensure compliance with any regulations or requirements specific to your business. By following these steps, you can successfully register your LLC in New Hampshire and start operating your business in compliance with state laws.