How to form an LLC in New Hampshire

New Hampshire offers significant advantages for LLC formation, including no personal income tax on LLC profits, no state sales tax, and streamlined compliance requirements compared to neighboring states. The state's business-friendly environment provides robust liability protection while maintaining operational flexibility through customizable management structures.

New Hampshire LLCs benefit from strong legal protections under RSA Chapter 304-C, pass-through taxation that avoids double taxation, and maximum contractual freedom in governance structures. Understanding the state's formation requirements and ongoing compliance obligations ensures your LLC maintains good standing while protecting your business interests.

New Hampshire LLC formation requirements

New Hampshire requires specific statutory elements while providing flexibility in internal governance and management structures.

Filing fees and processing times

New Hampshire maintains consistent pricing across filing methods with efficient processing options.

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Both filing methods cost almost the same, making online submission the preferred choice for faster processing with immediate confirmation.

Step-by-step New Hampshire LLC formation process

Step 1: Choose your LLC name

New Hampshire requires LLC names to include "Limited Liability Company," "L.L.C.," or "LLC" and be distinguishable from all existing entities registered with the Secretary of State. You should:

• Search the state's online database to confirm availability before filing
• Avoid names implying government affiliation or regulated activities without proper licensing
• Reserve available names for 120 days with a reservation fee, if needed
• File trade name (DBA) registration for $50 (lasts for 5 years) if operating under different names

Duplicate names result in rejection and require another filing with the $100 fee, making advance verification essential.

Step 2: Appoint a registered agent

New Hampshire law requires every LLC to maintain a registered agent with a physical New Hampshire address available during business hours.

Registered agent qualifications:

• New Hampshire resident (18+) or authorized business entity
• Physical New Hampshire street address (no P.O. boxes)
• Available during business hours to receive legal documents
• Written consent to serve

You can serve as your own registered agent if you meet requirements, though many prefer professional services for privacy and reliability.

Step 3: File Certificate of Formation

The Certificate of Formation (Form LLC-1) officially creates your LLC under New Hampshire law through the Secretary of State.

Required information includes:

• LLC name and principal address
• Registered agent information with written consent
• Management structure (member-managed vs. manager-managed)
• Specific business purpose description
• Names and addresses of managers or members based on the structure

File online for fastest processing (1-3 business days) or submit paper forms by mail for the same $100 fee but longer processing times.

Step 4: Create an Operating Agreement

While New Hampshire doesn't mandate Operating Agreements, creating one provides crucial liability protection and operational clarity.

Essential provisions include:

• Ownership percentages and capital contributions
• Management structure and voting rights
• Profit and loss distribution methods
• Transfer restrictions and buyout procedures
• Dissolution procedures and asset distribution

Single-member LLCs benefit from agreements that demonstrate a clear separation between personal and business affairs. Multi-member LLCs require detailed agreements to prevent disputes and establish clear governance procedures.

Step 5: Obtain required licenses and permits

Complete federal and state registrations to operate legally in New Hampshire.

• Obtain a free EIN from the IRS for tax reporting and banking
• Research industry-specific licensing requirements
• Consider Professional LLC (PLLC) formation for licensed professionals
• Register for Business Profits Tax and Business Enterprise Tax if meeting income thresholds
• Check municipal licensing requirements for local operations

New Hampshire doesn't require general business licenses, but industry and county-specific permits may be mandatory.

New Hampshire LLC ongoing compliance requirements

Maintaining good standing requires consistent attention to annual reporting, tax obligations, and registered agent maintenance. As such, you should pay attention to the following:

• File annual reports by April 1 each year with $100 filing fee. Late filing incurs $50 penalty, and failure to file for two consecutive years results in administrative dissolution.
• Most small LLCs avoid entity-level taxes due to threshold requirements. Larger LLCs may owe Business Profits Tax and Business Enterprise Tax
• Maintain a registered agent with current contact information
• Update the Operating Agreement when membership or management changes
• File amendments when changing LLC name, registered agent, or Certificate information

FAQs about New Hampshire LLC formation

How long does LLC formation take in New Hampshire? 

Online filings process within 1-3 business days, while paper filings take 1-2 weeks, depending on processing volumes at the Secretary of State's office.

Can I be my own registered agent in New Hampshire?

Yes, any New Hampshire resident over 18 can serve as their own registered agent. However, your personal address becomes public record, and you must be available during business hours for legal documents.

Do I need an attorney to form an LLC in New Hampshire? 

No attorney is required for basic LLC formation. New Hampshire's forms are straightforward, and the $100 filing can be completed online. Complex structures or professional service LLCs may benefit from legal guidance.

Can I change my LLC name after formation? 

Yes, you can change your LLC name by filing an amendment with the Secretary of State. The new name must meet the same availability and naming requirements as your original name.

What happens if I don't file annual reports? 

Missing the April 1 deadline incurs a $50 late fee. Failure to file for two consecutive years results in administrative dissolution, loss of good standing, and potential personal liability exposure.

Streamline your New Hampshire LLC formation with Discern

Discern automates New Hampshire Certificate of Formation filing, provides professional registered agent services, and tracks annual report deadlines to prevent administrative dissolution.

Ready to take advantage of New Hampshire's tax advantages while building for multi-state growth? Book a demo with Discern today.