How to start an LLC in New Hampshire in 2024

Setting up a limited liability company (LLC) in New Hampshire is a great choice for entrepreneurs looking to establish a solid business foundation while protecting their personal assets. This business structure provides personal liability protection and offers an easier taxation process and less paperwork than traditional corporations.

This article guides you through the essential steps to start an LLC in New Hampshire.

1. Choose a business name.
2. Appoint a registered agent.
3. File your certificate of formation.
4. Create an operating agreement.
5. Obtain an EIN.
6. Apply for business licenses and permits.

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6 steps to start an LLC in New Hampshire

1. Choose a business name

The first step to setting up an LLC in New Hampshire is selecting a suitable name for your business. Make sure the name you choose is “distinguishable,” meaning it is not the same name as any other business name registered in the state. In addition, it should follow state-set LLC naming guidelines. For example, it should not contain the following words:

• Words that state or imply the LLC is formed to fulfill a different purpose than its certificate of formation will indicate. For example, an LLC’s name cannot contain the words “farmer’s market” if the LLC does not meet the definition of a farmer’s market.
• The name of a political party if you don’t have written consent to use it.
• The name of a profession that generally needs licensure if you don’t have the required licenses (such as “home care,” “visiting nurse,” “architect” or “engineer”).
• “Bank,” “credit union” or “trust company” if you don’t have written approval from the New Hampshire Banking Department.

To check whether your desired name is available, use the New Hampshire Secretary of State business name lookup tool to search for the name you want to use. If the tool indicates the name is already in use, you can tweak the name to make it unique from the existing name and try again. However, here are some changes that will not distinguish a new business name from an existing one per New Hampshire’s naming guidelines:

• A change in the words that denote the entity’s status (i.e., changing “LLC” to “inc”).
• A change in the phonetic spelling of a word (changing “fare” to “fair,” for example).
• A change in punctuation or special characters within the existing name.
• The addition or removal of spaces between letters or characters.
• Changing a number to its Roman numeral equivalent or its word form.
• The addition or removal of an article.
• Changing an existing singular word to its plural form or vice versa.
• Adding a number to the existing name.

Once you’ve found a name that is available for use in New Hampshire, check to ensure it is not protected federally from infringement using the United States Patent and Trademark Office’s trademark electronic search system (TESS).

Finally, you need a name that is marketable online. This means the online versions of the name have not already been taken. Ensure your name is marketable by searching social media platforms and online for its social-media-handle and domain-name versions.

For example, if you wish to use the name “The Bike Shop,” search Facebook and other social media platforms you wish to use for the handle @thebikeshop. You can use a domain name search tool like the one offered by GoDaddy to find out if the domain name www.thebikeshop.com is available for use.

Once you’ve chosen an available and marketable name, you may wish to reserve it to ensure it is not taken by another business before you legally form your LLC. To reserve a name for 120 days, you must fill out an application for reservation of name form and send it to the address listed on the bottom of the form. The filing fee is $15 and should be submitted in check form (if filing by mail) payable to the “State of New Hampshire.” You can also file the form online by creating an NH QuickStart account.

2. Appoint a registered agent

All LLCs are required to appoint a registered agent on their formation paperwork. A registered agent receives important legal and tax correspondence on your LLC’s behalf.

You can be your own registered agent, appoint an internal staff member to serve as your registered agent or hire a registered agent service provider. If you serve as your own registered agent or you appoint an individual to do so, the agent must be at least 18 years old and be present at the listed registered agent address during all regular business hours throughout the year.

Many LLCs opt to hire a registered agent service provider instead of acting as their own agent to enjoy the following benefits:

• Privacy: When you appoint a registered agent, the agent’s address is published in public registered agent databases. When you hire a registered agent, their address is listed publicly instead of yours.
• Reputation protection: When you act as your own registered agent, embarrassing documents, such as notices your LLC is being sued, can be delivered to your business in front of customers and employees. When you hire a registered agent, that correspondence is delivered to their location instead of yours, and you are discreetly alerted to them, often via email.
• Flexibility: When you act as your own registered agent, you must be present at the listed registered agent address during regular business hours throughout the year, including for business travel or time off work. Doing so could lead to penalties or forfeiture of a time-sensitive defense should your LLC be sued. A registered agent provider is always available during business hours, so correspondence routed to them can be received even as you leave the office when necessary.
• Extra compliance support and features: Many registered agent service providers offer additional features and services to help you remain compliant with your LLC’s legal obligations, including calendars that alert you to yearly filing deadlines, alerts if a document is not addressed in a timely manner and legal-consultation services.

If you’re considering hiring a registered agent service provider, expect to pay between $0 and $300 per year for the service.

3. File your certificate of formation

Next, you must file a certificate of formation for a limited liability company with the New Hampshire Secretary of State’s office. The purpose of this document is to formally establish your LLC’s existence by outlining essential details like your business name, registered agent and the principal office address.

For the easiest filing, you can submit your certificate of formation online through the New Hampshire QuickStart platform. You may have created an account in step one. Ibf you did not, it’s best to create one now. Once you’ve created an account, log in to access the online LLC certificate of formation form.

You will need the following information to fill out this form:

• The LLC’s name.
• The LLC’s physical and mailing address, phone number and email.
• Your LLC’s North American Industry Classification System code. You can find this code by searching the system for your LLC’s industry, then choosing the code that most aligns with your LLC’s industry. 
• The name and physical address of your LLC’s registered agent (not a P.O. box).
• The names, addresses and titles of your LLC’s members and/or managers.
• Your signature and title.
• Credit or debit card information to pay the $100 filing fee.

Once you’ve submitted your form and filing fee, you can expect a file-stamped copy of your form in the mail within 30 days as proof of your filing. Keep this document with your LLC paperwork for future use.

New LLC reporting requirement alert 

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) has implemented a new reporting requirement for all non-exempt LLCs starting on January 1, 2024. 

The requirement is called the Beneficial Ownership Information (BOI) report and it is estimated to only take about 20 minutes to complete. 

Here’s what you need to know:

• LLCs formed before January 1, 2024 have until January 1, 2025 to file.
• LLCs formed between January 1, 2024 and January 1, 2025 have 90 days to file from the confirmed date of the businesses’ registration.
• New LLCs formed after January 1, 2025 will have 30 days to file from the confirmed date of formation.

For all details, FAQs and to file, visit FinCEN’s BOI website. 

4. Create an operating agreement

New Hampshire does not require you to create an operating agreement, but it is still a recommended step in LLC formation. This legal document outlines how your LLC will operate and the rights and responsibilities of its members

An operating agreement serves the following purposes:

• Sound planning: To write your operating agreement, it is best practice to bring your members together and lean on them to create the best possible operational practices for your LLC. This foresight helps to ensure sound operating procedures and a more stable organization from day one.
• Conflict avoidance: Because your members agree on operational best practices during the operating agreement creation process, including their rights and responsibilities, your LLC is less likely to experience significant member conflicts going forward. And, if it does, the clarity within your operating agreement around agreed-upon operating practices can help to resolve disputes should they arise.
• Alternative to state default operational rules: Each state has default rules regarding how LLCs should operate. By creating a legally-binding operating agreement between your LLC’s members, you can override such rules, replacing them with rules that make more sense for your business.
• Limited liability protection confirmation: Your operating agreement should confirm your LLC’s limited liability structure, the members who are protected by its limited liability protection and the ownership percentages for which each member is responsible. In doing so, this legal document can help defend your members’ liability protection if your LLC is sued.

Your LLC operating agreement should overview the following information:

• Your LLC’s name and purpose.
• Your members’ names, ownership percentages, powers, voting rights and fiduciary duties.
• Your business’s structure.
• Your LLC’s management structure.
• Your LLC’s accounting methods (accrual or cash basis, for example).
• A non-compete clause.
• How the LLC can be dissolved.
• How new members may be inducted into the LLC.
• How meetings will be held and when.

You can create an operating agreement by filling out a free template often provided by LLC formation service providers such as Rocket Lawyer and Northwest Registered Agent. Rocket Lawyer even asks you questions and fills out the form for you. 

However, keep in mind that your operating agreement should meet the unique needs of your LLC. For this reason, relying solely on a generic free template is not advisable. At a minimum, we recommend you also consult with a business lawyer once you’ve created your operating agreement so additions can be added to cater to your business needs. Many formation companies, such as Rocket Lawyer, offer such services in addition to business formation services. 

5. Obtain an EIN

Next, you need to obtain an employer identification number (EIN) from the Internal Revenue Service (IRS). The EIN is a unique tax identification number assigned to your LLC for tax purposes. Furthermore, it is required to open business bank accounts, apply for grants or business loans, obtain business permits or licenses and hire employees.

You can apply for an EIN for free on the IRS website. Completing the form takes about 15 minutes and must be done in one sitting between Monday and Friday, 7 a.m. to 10 p.m. Eastern Time. To apply, you must provide the following information:

• The name and Social Security number of a responsible party (controlling member) of your LLC.
• Your LLC’s name and address.
• Your LLC’s formation date.
• The types of products or services your LLC provides.
• Your reason for applying.
• Your entity type (in this case, an LLC).
• The number of employees your LLC hired and when they were or will first be paid.

Once you complete and submit the form, you will immediately receive a printable confirmation document with your EIN. Print a copy and file it with other important LLC documents, such as your certificate of formation.

6. Apply for business licenses and permits

Depending on the type of business you operate, you may need business licenses or permits to open for business. Some example industries that are more likely to need business licenses or permits in New Hampshire include:

• Restaurants.
• Grocery stores.
• Bakeries.
• Hotels.
• Lodging establishments.
• Motor vehicle rental establishments.
• Businesses that sell tobacco products.
• Communications service retailers.
• Accountants.
• Architects.
• Child-care providers.
• Chiropractors.

To learn more about business licenses or permits you may be required to obtain, refer to the New Hampshire business tax FAQ. Remember that application filing fees may apply and vary by license or permit.

Find the best LLC services for New Hampshire: Best LLC services

Cost to start an LLC in New Hampshire

The primary cost involved in forming an LLC in New Hampshire is the filing fee for your LLC’s certificate of formation. The filing fee is $100 and is paid to the New Hampshire Department of State when submitting your documents.

Other fees that may apply when starting and maintaining your LLC include:

• Registered agent fees: Depending on whether you choose to serve as your LLC’s registered agent or hire a professional service, the costs can vary. Typically, engaging a professional registered agent costs $0 to $300 annually.
• Annual report fees: New Hampshire requires LLCs to file an annual report with the New Hampshire Secretary of State. The annual filing fee is $100.
• Business licenses and permits: It’s essential to be aware of any additional state or local business licenses and permits your LLC may require, as these can vary based on your business activities and location. The costs for these licenses and permits can range from a few dollars to a few hundred dollars per application or license renewal.
• Operating agreement preparation: While not a mandatory requirement in New Hampshire, having a well-drafted operating agreement can help establish clear rules and procedures for operating your LLC. If you choose to hire an attorney or a professional service to prepare this document, it may cost a couple hundred dollars, or it may be included in an LLC formation service and registered agent fee.

Resources for New Hampshire LLCs

• Register your LLC on the New Hampshire Quickstart page.
• File tax forms using the New Hampshire Department of Revenue website.
• Learn more about licenses and permits on the New Hampshire Department of Revenue website.
• Read our best LLC services guide.
• Read our best registered agent services guide.
• Read our cost to start an LLC guide.
• Learn how to find a tax consultant by reading our what is a tax consultant? guide.

Featured LLC service offers

ZenBusiness

Learn More

Via ZenBusiness’ website

Free version available

Yes

Lowest published package price

$199

Live chat

Yes: Human

LegalZoom

Learn More

Via LegalZoom’s website

Free version available

Yes

Lowest published package price

$249

Live chat

Yes

Northwest Registered Agent

Learn More

Via Northwest’s website

Free version available

No

Lowest published package price

$39

Live chat

Yes

Frequently asked questions (FAQs)