How to Form an LLC in New Hampshire

by Elizabeth Rayne
All New Hampshire limited liability companies need to file a certificate of formation.

All New Hampshire limited liability companies need to file a certificate of formation.

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If you properly form a limited liability company according to the laws in New Hampshire, you will have a business that provides limited liability to the owners and a flexible management structure. An LLC is formed by filing a certificate of formation with the state. You may fill out and file your own paperwork, or you may use an online legal document service to complete and submit the forms for you.

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Naming the Business

New Hampshire law provides rules for naming LLCs. The name must not be in use by any other registered business and must include the terms "limited liability company" or "LLC." If you like, the name may include the names of the owners. Before officially registering the LLC, you may reserve the name with the Secretary of State by submitting an application for reservation. If the state determines that the name is available, the name will be reserved for a period of 120 days to give you time to register the LLC. After 120 days, if you have not registered the LLC, the reservation will expire and anyone may use the name.

Formation

To officially form your LLC, you must file a certificate of formation and Form SRA with the corporations division of the secretary of state. On the certificate, you must include the name and purpose of the business and name and location of a registered agent who will accept legal documents on behalf of the business. You must also state whether or not the LLC is managed by one or more managers or if all owners participate in running the business. Further, you may indicate if you want the LLC to automatically end on a particular date. The SRA form serves as a statement that the business will follow the New Hampshire securities laws. On the form, you will provide details about who owns an interest in the business. Both the certificate and the SRA must be signed by at least one of the members or managers of the LLC and you must submit the forms with the appropriate fees.

Operating Agreement

Although New Hampshire law does not require LLCs to have an operating agreement, many LLCs have an agreement in place to set the internal rules for how the business is managed. The agreement may include provisions on how new owners may be added to the company, how management duties are divided between the owners and how profits are distributed. The agreement does not need to be in writing and can instead be an oral agreement. The LLC must keep the operating agreement in a location where any members can access it. The agreement may also be stored electronically.

Licensing and EINs

In New Hampshire, certain businesses must apply for licenses or permits. For example, businesses engaged in the food business, including restaurants and bakeries, must obtain licensing from both the Department of Health and Human Services' Food Protection division and the Department of Revenue Administration in order to collect tax. The state requires a number of other occupations to obtain professional licenses. Contact the Economic and Labor Market Information Bureau to determine if you must obtain a professional license. Additionally, if your business files taxes as a corporation or you have employees, you must obtain an Employer Identification Number from the IRS.