A New Hampshire LLC operating agreement is a document that explains an LLC’s ownership and procedures. It serves as a guideline company members can use to ensure everyone agrees on how the company should operate.
It also includes statements on the LLC’s owners, including their responsibilities and their protection levels. You don’t need to file an LLC operating agreement with the state. Instead, each company member keeps a copy of it for their records.
Is an LLC Operating Agreement Required in New Hampshire?
No, it’s not required that New Hampshire LLCs possess an LLC operating agreement.
The official laws governing LLCs in New Hampshire are in Title 28, Chapter 304-C. Four statutes that pertain to operating agreements include the following:
- § 304-C:40 (Form of operating agreement)
- § 304-C:41 (Binding effect of operating agreements)
- § 304-C:43 (Operating agreements: Single-member limited liability companies)
- § 304-C:45 (Operating agreements: Rights to any persons, including non-parties)
Costs and Fees
Whether you’re filing to create a domestic or foreign LLC in New Hampshire, the fee is $100. Expect to pay an additional $2 processing fee when you complete the filing process online.
If you want to reserve a business name in advance, you can pay a $15 reservation fee to keep the name in your possession for 120 days.
As you keep operating your LLC, you can expect to pay an annual $100 fee.
How to Form an LLC in New Hampshire
Here, we explain how to create an LLC in New Hampshire, step-by-step:
Step 1 – Choose/Reserve Your LLC Name
Begin creating your LLC by choosing an appropriate name. Ensure the name you pick reflects your business’s offerings. If it contains any professional language like “Bank” or “University,” confirm that you can.
Additionally, you can ensure that your business name has “limited liability company” or one of the following variations in its name:
Once you think of potential names, research them in the New Hampshire business name database to see if they’re already taken.
Step 2 – Appoint Your Registered Agent
You may choose a New Hampshire resident as your registered agent, who’s an individual who handles your LLC’s service of process. The New Hampshire resident can be yourself, someone within your company, or someone who doesn’t have an affiliation with your company.
You may also choose a business capable of legally conducting business in New Hampshire. The company you choose can be a
You may choose as your agent a resident or a business, including an LLC, limited liability partnership, or corporation. Registered agents are required to have a physical street address within New Hampshire. They must also be legally capable of conducting business in New Hampshire.
Step 3 – File a Certificate of Formation
File a certificate of formation with the New Hampshire Secretary of State, similar to articles of organization in other states. Before you fill it out, collect the following information:
- Your LLC’s name, office address, and contact information
- Your registered agent’s name, address, and contact information
- An explanation of the work your business does
- A statement of whether or not your LLC is run by managers
- The name, address, and contact information of all managers/members
- The signature of an LLC member/manager
Step 4 – Create Your Operating Agreement
Although it’s unnecessary, creating an operating agreement protects your LLC against legal accusations. If you don’t document your LLC operating agreement in writing, you leave many situations unaccounted for. Then, each time an issue occurs, the state must judge how to settle the matter.
And the state won’t always rule in your favor. By including clear terms and conditions in your operating agreement, you’re protected against these eventualities. Some topics to cover in your LLC operating agreement include:
- Dissolution procedures
- Voting procedures
- The process for allocating liabilities and profits
- Members’ responsibilities and rights
- Ownership percentages
- The company’s management structure
Step 5 – Get an EIN
An Employer Identification Number (EIN) identifies your LLC as a separate entity. It’s necessary to have employees, but it can also be beneficial if you want to take out loans or open a bank account in your company’s name.
Step 6 – Remember to File Annual Reports
Each year you can remember to file your annual report with the New Hampshire Secretary of State each year that your LLC is in operation. Make sure to do it before April 1st of each year. Otherwise, you may have to pay a penalty fee.