Start an LLC in New Hampshire

Quick facts about forming a New Hampshire LLC

Filing Fee	$100
Processing Time	3-7 business days online; longer for mailed filings
Annual Report Fee	$100, due April 1 each year
Registered Agent Required	Yes, must have a physical New Hampshire address
State Franchise Tax	None for LLCs
Business License	No statewide business license, but local or industry licensing may apply
Managing Authority	New Hampshire Secretary of State, Corporation Division

How to start an LLC in New Hampshire in 5 steps

New Hampshire can be a wonderful place to start a business. No income tax, no sales tax, straightforward licensing requirements… what’s not to love?

The benefits of doing business in New Hampshire certainly don’t end with tax or licensing policies. Access to funding is another key advantage, as is the passionate and highly educated workforce.

U.S. News & World Report consistently ranks New Hampshire as one of the top states in the Opportunity category. The takeaway? Despite its small size, New Hampshire is a clear powerhouse.

This can be an amazing place to form an LLC, a wonderful middle-ground option for those who require protection from personal liability but are ill-suited to running S corps or C corps. Under this approach, modest filing and maintenance efforts can safeguard the personal assets of LLC members. With a sole proprietorship or general partnership, debt-ridden owners might be vulnerable to losing funds in personal bank accounts, or even their homes. LLCs are far safer for risk-averse business leaders.

Another advantage worth considering? Business credibility. Many sole proprietors and general partners find that they command more respect among clients and customers upon achieving LLC status. This, alone, may make it worthwhile to form an LLC.

It’s important to understand what the process looks like and what it will take to achieve maximum protection from personal liability. Let’s look at the six steps required to set up an LLC in New Hampshire:

1. Name your New Hampshire LLC
2. Choose your registered agent
3. File Certificate of Formation
4. Create an operating agreement 
5. Apply for an EIN

We’ll dive in each step in further detail or you can watch our quick video.

Step 1: Name your New Hampshire LLC

You may already have a name in mind for your New Hampshire LLC, but you’ll need to take several extra steps to confirm that this title is actually available — and that it’s worth using. 

The New Hampshire Revised Statutes Annotated (RSA) states in Section 304-C:32 that all LLC names must contain the phrase “limited liability company” or abbreviations such as “LLC” or “L.L.C.” If you open a professional LLC, your business name must include “professional limited liability company” or abbreviations such as “PLLC” or “P.L.L.C.”

In addition to using the right LLC label, your organization’s name may need to obtain special approval if it contains terms such as:

• Home care or home health care
• Bank or credit union
• Architecture
• Engineering

Conduct a name availability check in advance

Your LLC’s name must be distinguishable from the names of other local businesses. To qualify as distinguishable, the name should be substantively different from those affiliated with other organizations.

If similar names have been reserved or registered with the New Hampshire Secretary of State, you may need to come up with a new name.

Examples of factors that prevent LLC names from being deemed “distinguishable” include:

• Plural forms of terms used in other business names
• Phonetic spelling of the same word
• The addition of special characters or different punctuation
• The separation of terms by spaces — or the elimination of such spaces

To determine whether a given name is available, conduct an NH business lookup or call the Department of State’s information line at 603-271-3246 or email the Corporation Division at [email protected]. While availability checks aren’t guaranteed to uncover similar names, this should still provide much-needed peace of mind.

The New Hampshire Department of State provides a specific form known as the Application for Reservation of Name. This document should be submitted alongside a $15 filing fee. The application will include details such as the type of entity, the nature of the business, and basic contact information for the applicant.

Step 2: Choose a registered agent

As mentioned above, your LLC’s certificate of formation must reference a registered agent. This individual or company serves as a primary form of contact for — and is able to accept service of process on behalf of — your business. This is a legal requirement for operating a New Hampshire LLC, so you’ll want to designate a registered agent as soon as possible. 

Eligibility standards for being a New Hampshire registered agent are straightforward. These individuals or businesses must have street addresses within the state of New Hampshire. P.O. boxes do not qualify.

Additionally, availability during ordinary business hours must be established, as your registered agent may be required to receive service of process at that time.  

LLC members are permitted to serve as New Hampshire registered agents, as are their friends and family members. It’s common, however, for LLC members to work with commercial registered agents. These provide additional privacy and may be more reliable for business communication.

It’s possible to change registered agents after they have been established. Simply file Form 10: the Statement of Change of Registered Office or Registered Agent. This should be accompanied by a $15 filing fee, which will be waived if this information is submitted with your New Hampshire LLC annual report.

Step 3: File a certificate of formation

The document known as the “Articles of Organization” in most states is officially referred to as the “Certificate of Formation” in New Hampshire. While many of the documents referenced in this guide are optional, the certificate of formation must be filed in order to launch your LLC.

When seeking your certification of formation, you’ll need to provide information about your LLC and your business intentions, as referenced in RSA Section Section 304-C:31:

• The name of the business
• The primary purpose of the organization. Designations such as “any lawful activity” are not permitted
• Details about the registered agent, including an in-state address
• Indication as to whether management of the LLC is vested in a manager

You will need to pay the New Hampshire LLC cost of $107 in fees, which includes a $105 state filing fee and $2 processing fee (for online filings).

If filing on your own by mail, your application (known as Form LLC-1) can be mailed to the New Hampshire Department of State’s Corporation Division. Be sure to include a $100 filing fee with checks payable to the State of New Hampshire.

If you plan to open a professional LLC (PLLC), you’ll complete a similar, but separate, form known as the certificate of formation for a Professional LLC. Should you later amend the initial provisions of the Certificate of Formation, you’ll need to file Form LLC-6 — the Restated Certificate of Formation.

Step 4: Create an operating agreement

The operating agreement should not be confused with your LLC’s certificate of formation. Both are important, but they serve decidedly different functions.

An operating agreement brings structure to your LLC. Serving as the blueprint for your enterprise’s functional and financial pursuits, this document outlines basic information (such as your legal LLC’s name, DBA, and registered agent) before diving into specifics about how your business will be run.

Operating agreements can look dramatically different from one business to the next, with their structure and details largely determined based on the needs and preferences of the LLC members. There may be some crossover with information detailed in the certificate of formation. 

Key categories covered in a typical operating agreement include:

• Business purpose. This section outlines the main product or service that the company provides, as well as the overarching intentions of the LLC. Additionally, this section may contain language referencing the ability to make adjustments to the LLC’s setup or procedures later on
• Preferred tax treatment. It’s relatively rare for LLCs to be taxed as S corps or C corps. Still, this is a possibility, so tax procedures should be mentioned in the operating agreement
• Member or manager details. Every operating agreement should explain who the members or managers are, how they’ll contribute to the LLC, and what their ownership percentages will be. Members may contribute money, property, labor, or other resources. Ownership percentage is granted in exchange for these contributions. Take care with this section, as disagreements regarding contributions and ownership often lead to disputes among members
• Manager selection. Every LLC operating agreement should indicate whether the business will be member-managed or manager-managed. For manager-managed operations, the operating agreement should include provisions indicating how new members will be elected — or, if necessary, fired
• Voting rights. LLC operating agreements should mention the circumstances under which members will meet. Often, these meetings involve voting — so it’s important for the operating agreement to also explain whether the voting shares will be equivalent to ownership percentage

Is an operating agreement actually required?

As in most states, there is no law specifically stating that local LLCs must draft an NH LLC operating agreement. That said, this document remains highly valuable for many types of New Hampshire businesses. It is a key tool for protecting your limited liability status, as it clearly demonstrates that your LLC is a separate entity. Furthermore, many financial institutions prefer to lend to LLCs that submit operating agreements.

Step 5: Apply for an EIN

An Employment Identification Number (EIN) is, in all likelihood, non-negotiable for launching your business in New Hampshire. This nine-digit number is issued by the IRS for tax purposes. Think of it as a Social Security number dedicated exclusively to businesses.

The EIN is an outright requirement for many types of entities, such as businesses with employees and multi-member LLCs.

Thankfully, the application process is straightforward. The IRS provides an online application with detailed instructions. This process must be completed within a single session. An EIN Assistant will guide you every step of the way.

To begin the online application process, clearly indicate that you intend to start an LLC. From there, you can explain how many members the LLC will have. Use the drop-down menu to select “New Hampshire” when prompted to indicate where the LLC will be physically located.

If asked why your LLC needs an EIN, you’ll likely select the option “started a new business.” If relevant, however, you can also indicate that you require an EIN because you intend to hire employees or want to change the type of organization you run (for example, from a general partnership to an LLC). 

Next, enter personal information and the physical address for your LLC. Add the legal name of the LLC and the DBA, if relevant. Finally, you’ll need to answer a series of questions referencing specific situations such as your LLC’s involvement with gambling, alcohol sales, or the intended use of W-2s for employees.

You can also apply for an EIN using our service.

Next steps to consider

After you’ve obtained your EIN, take a moment to check if your business needs a New Hampshire business license before officially launching. While the state doesn’t require a general license for all LLCs, local municipalities and specific industries often impose their own licensing and permit requirements. Verifying these early helps ensure your business starts out on the right legal footing.

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