What is an LLC in New Hampshire? An LLC (Limited Liability Company) is a company that’s recognized as a legal entity separate from the individual members of the company.
Each state has its own laws about LLC owners, including their responsibilities and their level of protection. These terms and conditions are detailed in a legal document called an LLC operating agreement.
If you don’t have an operating agreement, or if it’s written improperly, your status as an LLC could be compromised or you may risk other unintended legal consequences.
To ensure you don’t miss any important details, use our fillable New Hampshire LLC operating agreement template.
Is an LLC Operating Agreement Required in New Hampshire?
It’s not required that New Hampshire LLCs possess an LLC operating agreement. But it’s still highly advised that you do so.
If you don’t document your LLC agreement in writing, you leave many situations unaccounted for. Then, each time these situations happen, 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.
New Hampshire Operating Agreement Laws
The official laws governing New Hampshire LLC operating agreements can be read in 304-C: Limited Liability Companies. But the New Hampshire Secretary of State warns that the most accurate information is found in “the bound volumes and supplements of the New Hampshire Revised Statutes Annotated.” Find these in your local New Hampshire library. We’ve detailed some of the most notable New Hampshire operating agreement laws below:
In order to register, the title of your LLC must contain the words “Limited Liability Company,” or a reasonable abbreviation thereof. Acceptable abbreviations include:
- liability company
- limited liability co.
Your LLC operating agreement must nominate a registered agent. This person or party is therein authorized to send and receive legal documents on your behalf.
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. And, they must be legally capable of conducting business in New Hampshire.
Types of LLCs
There are two types of limited liability companies available in New Hampshire. These are SMLLCs (single-member LLCs) and MMLLCs (multi-member LLCs). The difference is that an SMLLC has only one owner whereas MMLLCs are shared by multiple owners.
How Much Does it Cost to Form an LLC in New Hampshire?
It costs $100 to register a foreign or domestic LLC in New Hampshire. Filing online costs the same as filing paper documents. You’ll also need to file an annual report at a fee of $100.
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
Using the guidelines we already explained, choose a fitting name for your LLC. We say “fitting” because this, too, is a requirement.
Your name must be appropriate for your business and the type of work you do. For example, to use words like ‘Bank’ or ‘University’, you must verify that these terms apply. This requires additional paperwork.
Likewise, you’re forbidden to choose a title that resembles a government agency. For instance, you can’t use terms like ‘Secretary of Communications’ and ‘New Hampshire Department of Water Treatment’.
Optionally, you can reserve a name that you have in mind (for 120 days) so that no one else can use it. To do so, file an Application for Reservation of Name form through the mail to the Secretary of State. There is a $15 fee for this.
Step 2 – Appoint Your Registered Agent
Your registered agent must comply with the regulations we explained earlier. If you so desire, you may appoint yourself or anyone else within your company. You can choose someone outside your company as well.
Step 3 – File a Certificate of Formation
Next, file a Certificate of Formation. This is the one official form necessary to register your LLC. It cannot be validated unless it includes:
- Your LLC’s name, office address, and contact information
- Your registered agent’s name, address, and contact information
- An explanation of the type of work your business does (you must be specific)
- 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
You may file online or through the mail. Pay the $100 fee when you do.
Step 4 – Create Your New Hampshire Operating Agreement
Though it’s not required, creating an operating agreement gives your LLC extra protection against legal accusations. To make this easier, take advantage of the New Hampshire operating agreement template at the bottom of this article.
Also, understand that this document needn’t be filed with the Secretary of State. You keep this on file with your own business records and documents.
Step 5 – Get an EIN
An EIN is an IRS Employer Identification Number. MMLLCs are required to get one. SMLLC owners aren’t required to get an EIN unless they plan to have employees or they want to be taxed as a corporation.
Step 6 – Remember to File Annual Reports
Lastly, don’t fail to file your annual report before April 1st each year.
New Hampshire LLC Operating Agreement Template
Get started now. Use this New Hampshire LLC operating agreement template to start your LLC: