New Hampshire LLC Formation Guide

If you’re thinking about starting a business in New Hampshire, forming a limited liability company (LLC) could be a wise choice. However, the process can be daunting. That’s why we’ve put together this guide to help you navigate the steps of forming an LLC in the Granite State.

Filing the New Hampshire Certificate of Formation

Filing the New Hampshire Certificate of Formation is a crucial step in LLC formation. This document officially registers your LLC with the state government and establishes its legal existence. To file, you’ll need to complete Form PLLC-1 and pay a $100 fee. You can submit this document online or by mail. It’s important to note that if you’re forming a PLLC (professional limited liability company), you’ll need to include a “good standing certificate” from your professional licensing board. Additionally, while an operating agreement is not required in New Hampshire, it’s highly recommended to have one in place to outline the structure and operation of your LLC.

Completing the Certificate of Formation

To complete the Certificate of Formation for your New Hampshire LLC, you will need to provide information about your business, including its name and purpose. You will also need to select a registered agent who will receive legal documents on behalf of your LLC. Once you’ve filled out the form, you can submit it to the New Hampshire Secretary of State’s office along with the filing fee. After processing your application, the state will issue a Certificate of Formation, which officially confirms your LLC’s existence. While it’s not required, you may also want to draft an operating agreement for your LLC. To maintain good standing, your LLC must file an annual report with the NH Gov and keep up with any other necessary filings.

Business Purpose and Primary Nature

The Business Purpose and Primary Nature of your LLC is a crucial element of your LLC formation process. It defines the core objective of your company and outlines the activities your LLC will engage in. It’s important to ensure your Business Purpose is aligned with the state’s laws and regulations. In New Hampshire, you can form an LLC for any lawful business activity. The state requires a clear and specific Business Purpose statement in your LLC formation documents. Additionally, you need to determine the Primary Nature of your LLC, whether it will be a Professional LLC (PLLC) or a regular LLC. Once you have determined your Business Purpose and Primary Nature, you can proceed with registration with the NH Gov and obtain a Good Standing Certificate.

Registered Agent and Office Address

Registered Agent	Office Address
The registered agent must be a resident of New Hampshire or a corporation authorized to do business in the state.	The registered office address must be a physical location in the state of New Hampshire.

LLC Management Structure

The LLC management structure in New Hampshire is fairly flexible. The LLC can be managed by its members or by appointed managers. Members have voting rights and can make decisions on behalf of the LLC, while managers are responsible for day-to-day operations. New Hampshire LLCs must register with the state and file an annual report. The registration process requires filling out Form PLLC, which includes information about the LLC’s name, address, and registered agent. The state also requires a filing fee of $100. It’s important to note that LLCs are different from corporations, as they offer more flexibility in terms of management and taxation.

Filing Fee and Next Steps

Filing Fee	Next Steps
$100	1. Choose a name for your LLC 2. File Articles of Organization with the New Hampshire Secretary of State 3. Obtain an EIN from the IRS 4. Create an Operating Agreement 5. Register for taxes and obtain any necessary licenses and permits 6. Open a business bank account and obtain insurance

Operating Agreement Creation

When forming an LLC in New Hampshire, creating an Operating Agreement is a crucial step. This document outlines the rules and regulations for how the business will be run and can help prevent disputes between members. It should include details such as member responsibilities, profit and loss allocation, voting procedures, and dissolution processes. It’s important to take the time to draft a comprehensive Operating Agreement that addresses all possible scenarios. While not required by law, having one in place can protect the LLC and its members. Consider consulting with a lawyer to ensure your agreement is legally sound.

Opening Business Accounts

Opening a business account is essential for your New Hampshire LLC. The first step is to choose the right bank. Research and compare banks to find the one that best suits your needs. After selecting your bank, gather the required documentation, which typically includes your EIN, LLC formation documents, and government-issued identification. Some banks may require additional documents. Check with your chosen bank to confirm their requirements. Once you have all the necessary documents, schedule an appointment to open your account. Don’t forget to ask about any fees and services offered for corporations. Remember to keep your personal and business finances separate to comply with 304-C laws.

Obtaining Licenses and Permits

When forming an LLC in New Hampshire, it’s important to obtain the necessary licenses and permits to operate legally. You may need a business license, zoning permits, and specific industry licenses such as a liquor license or contractor license. The New Hampshire Secretary of State’s Office provides a list of state-level licenses and permits to help you get started. Additionally, your city or town may have additional requirements, so it’s important to check with your local government. Keep in mind that failure to obtain the proper licenses and permits can result in fines or even the closure of your business. Make sure to do your research and obtain all necessary licenses and permits.