Step 1: Name Your New Hampshire LLC

You can’t register your New Hampshire LLC, or do anything else with it, until you give it a name. New Hampshire state guidelines say the LLC name must:

1. Contain the words “limited liability company” or an abbreviation like “L.L.C.” or “LLC.”

2. Be distinguishable from other existing businesses formed, registered, or reserved with the state. Articles like “a” “an,” or “the” are not enough to make something distinguishable, and neither are plural forms.

3. Not contain language indicating the LLC is formed for a purpose that’s not authorized by law or allowed by its Certificate of Formation.

4. Not suggest any government affiliation.

5. Not use “grossly offensive” words, nor can you use certain words without specific approval from state departments. For instance, using the words “bank” or “credit union” requires approval from the New Hampshire Banking Department. View the state’s name availability guidelines for more information.

How do I see if a business name is available in NH?

You can try looking up your name on the New Hampshire business search website. You may also email the New Hampshire Department of State’s Corporation Division at [email protected] or call 603-271-3246. Availability checks are done as a courtesy and don’t guarantee the name will be accepted once you submit your formation paperwork.

If your preferred name is available, consider checking to see if anyone has either registered it as a federal trademark or is using it as a domain name. If one or both are already taken, it’s worth reconsidering your brand strategy early in the process. That way, when your business launches, the brand presence remains consistent and doesn’t confuse potential customers.

Later on, you may decide to pursue trademark registration, and we can assist you via our attorney-led service that includes a clearance check. When you hire us to form your New Hampshire LLC, we can also offer you free domain name registration plus three months of website and email services.

Step 2: Choose a Registered Agent

Your business is required to have a registered agent. That New Hampshire registered agent accepts legal mail on behalf of your business. That legal mail includes service of legal process notices, which means that your business is getting sued. Therefore, you shouldn’t just hire anyone to act as your registered agent.

Either a person or business entity can be a registered agent in New Hampshire. In both cases, they must have a physical address within the Granite State. If you decide to use a business entity, it must be authorized to do business in New Hampshire.

Can I use myself as a registered agent in NH?

You can if you’re a resident of New Hampshire with a physical street address, and if you don’t mind staying at that street address most of the business day and having your address listed on the public record. If either of those conditions give you pause, you can hire a registered agent service to deal with legal mail instead.

Step 3: File New Hampshire Certificate of Formation

To officially form an LLC in New Hampshire, you’ll submit a New Hampshire Certificate of Formation to the New Hampshire Department of State’s Corporation Division. You must also pay a $100 filing fee.

If the formation paperwork isn’t completed properly, the state may not accept your filing. Be sure to include the following information:

LLC name: Use an accepted indicator like “LLC.”

Principal business information: This is optional. If you don’t list your address, your registered agent’s address will automatically be used instead.

Nature of business: You have to get a little descriptive here and write something like “software consulting and development.” Some states let you write “any lawful activity,” but New Hampshire is not one of them.

Registered agent information: List a name and business address.

Management: If you’re using a manager-managed structure, write “is” in the blank space. If your LLC will be managed by members instead, write “is not.”

Manager/member info: List the names and business addresses of all members or managers that you wish to be placed on the record.

Signature: You can get a signature from a manager, member, or anyone else authorized by the LLC to sign here.

Step 4: Set Up Business Operations

Once New Hampshire approves your formation paperwork, you’ll officially have an LLC. That said, you’ll need to check a few more items off the to-do list. These items are crucial to both setting up your business and maintaining your limited liability.

• Draft an operating agreement: An operating agreement is a detailed handbook for your LLC, one that includes everything about how it should operate on a day-to-day basis. Your operating agreement will cover topics like how voting works and how the LLC will be managed. This is an internal document, so there’s no need to file a copy with the state. But when you want to open a business bank account, you should still bring a copy of your agreement to the bank.
• Get an EIN: An Employer Identification Number (EIN) can be obtained through the IRS. They’re important for opening a bank account and hiring employees. If you’re a single-member LLC, you can choose to use your personal Social Security number, but doing so is more of a security risk.
• Establish a business bank account: Separating your business and personal funds is crucial to maintaining your LLC’s limited liability. Getting a business bank account is a necessary part of this process.
• Get business licensing or permits: Your business may need a tax operator’s license, and you can find out more by visiting the New Hampshire Department of Revenue Administration website. Depending on the type of business you’re running, you may also need additional certification, registration, or accreditation. In addition, it’s a good idea to contact your city or county for information about any necessary local licensing or permits.

Step 5: File BOI Report

As of 2024, the Corporate Transparency Act requires most businesses to file a Beneficial Ownership Information (BOI) Report.

BOI Reports are a tool in the government’s fight against fraud and money laundering in the business world. For the report, you must list information about people with a significant amount of control or influence over the business, also known as beneficial owners. If your LLC was formed after January 1, 2024, you must also list information about the person or entity who filed your LLC’s formation paperwork.

Not excited about the prospect of more paperwork? We can file the BOI Report on your behalf when you hire us to form your New Hampshire LLC.