How to Start an LLC in New Hampshire

A New Hampshire LLC is one of the most simple, cost-effective, and quick business structures to form. Even so, navigating the formation process can seem daunting without clear guidance and an actionable plan.

In this How to Start an LLC in New Hampshire guide, we’ll break down everything you need to know to form your LLC, from the steps you’ll need to take to get started to maintaining your business structure.

New Hampshire LLC

In order to form an LLC in New Hampshire, you’ll need to complete the following steps:

1. Name Your New Hampshire LLC
2. Pick a New Hampshire Registered Agent
3. Submit the Certificate of Formation
4. Create a New Hampshire LLC Operating Agreement
5. Get an EIN
6. File Your BOI Report

In the sections below, we’ve broken down each of these steps in more detail.

Step 1: Name Your New Hampshire LLC

The first thing you’ll need to do before getting started is picking the right name for your LLC. This is important because your business’s name should represent your brand and create a strong first impression.

In New Hampshire, all LLC names need to abide by the following statutory guidelines in order to be accepted by the Corporation Division of the Secretary of State’s office:

• Distinctiveness: Your proposed business name must be distinguishable from any other existing business or nonprofit formed, registered, or reserved with the New Hampshire Secretary of State, including businesses that have been administratively dissolved within the last 120 days
• Prohibited Similarities: The name should avoid including minor variations of an existing business name (i.e., a, an,, the, etc.). It should not use plural or phonetic variations nor should it include abbreviations or slight modifications of an existing name
• Required Suffix: Your LLC’s name must include a specific designation that identifies it as a limited liability company. Acceptable suffixes include “Limited Liability Company,” “L.L.C.,” or the abbreviation “LLC.”
• Restricted Words: Names that could be interpreted as being affiliated with governmental agencies are strictly prohibited unless explicitly authorized. Similarly, names containing words such as “Bank” or “Trust,” which suggest specific business activities, must receive prior clearance from the appropriate regulatory bodies

For more detailed information, you can refer to the official Name Availability Guidelines provided by the New Hampshire Department of State.

Keep in mind that while selecting an LLC name incurs no direct cost, there are certain fees that can be associated with the overall registration process.

Reserve an LLC Name

If you’re not yet ready to launch your business and still need a little more time, you can choose to reserve your desired LLC name for later use.

This can be done either electronically through the NH QuickStart platform ($17 fee) or by mail using the Application for Reservation of Name form ($15 fee). This will keep anyone from being able to take the name you plan to use for 120 days.

If you need any longer than this, you’ll need to renew the reservation and repay the filing fee before the initial reservation period expires.

Register a Trade Name

Another potential cost associated with naming your LLC is the “doing business as” (or DBA) name — known as a Trade Name in New Hampshire. This is essentially a nickname that you can choose to register for your business to operate under — particularly if you’re not content with your LLC’s legal name.

Registering a trade name can be done by mail using a Trade Name Registration form for a $50 fee or online through NH QuickStart for a $52 fee.

Note: DBAs in New Hampshire expire every five years; the New Hampshire Department of State will send you a renewal notice at least six months before your trade name is due to expire in case you want to file for an extension.

Buy a Domain Name

Finally, you’ll want to focus on securing a good domain name (which is your website’s URL address) for your business. For this, try to focus on choosing one that’s easy for customers to remember, relevant to your business, and accurately reflects your brand.

After confirming the domain name you want to use is actually available, you can purchase it through a trusted registrar.

Step 2: Pick a Registered Agent

The next step you’ll need to take toward forming your LLC is to pick a registered agent (RA).

This is an individual or business entity that accepts legal correspondence on behalf of your business, such as service of process, notice of lawsuits, and official government communications; you’re required to continuously maintain one as long as your LLC is active.

Your registered agent can be an individual or business entity, but will need to satisfy the following requirements:

• The agent must either be a state resident or a business entity with a physical street address in New Hampshire (not a P.O. box).
• The registered agent should be available at their registered office address during regular business hours in order to receive legal documents and service of process.
• If the agent is a business entity, it must be registered with the New Hampshire Secretary of State.

Keep in mind that you can choose to act as your own registered agent if you’re looking to save money — though we don’t typically recommend this as you’re much more likely to suffer fines and penalties due to non-compliance than if you hire an affordable professional service.

You’ll also lose any anonymity your LLC would have given you since your name, address, and contact information will become publicly available.

Note: To have a look at some of our other top recommendations, you can also check out our Best Registered Agent Service of 2024 guide.

Step 3: Submit Your Certificate of Formation

In New Hampshire, the Certificate of Formation is the filing document that you’ll need to submit with the Secretary of State in order to officially register your LLC (this is also known as Articles of Organization in other states).

This process comes with a cost of $100 if you choose to submit by mail, or $102 if you choose to file online.

For mail filings, you will need to download and complete this Certificate of Formation form and submit it to the following address:

Corporation Division
NH Dept. of State, 107 N Main St, Rm 204, Concord, NH 03301-4989

Physical Location
State House Annex, 3rd Floor, Rm 317, 25 Capitol St, Concord, NH

Online filings can instead be submitted through NH QuickStart.

Note: If you are registering a foreign LLC, you will need to submit an Application for Registration instead of the Certificate of Formation.

Step 4: Create a New Hampshire LLC Operating Agreement

Once this is completed, the next step you’ll need to take is to create an operating agreement.

This is an internal document that clearly outlines the ownership and management structure of a company in order to reduce potential future conflict.

While this document isn’t legally mandated in New Hampshire, all LLCs are recommended to have one as it can help maintain both: smooth operations and your LLC’s corporate veil.

A number of companies provide drafting services for operating agreements online, typically for a fee of around a few hundred dollars. However, it’s quite easy to sort this out by yourself if you want to save money, and you can even find a number of free templates online to help with this.

Step 5: Get an EIN

Even though it’s not a legal requirement (unless your LLC has employees or multiple members), all New Hampshire LLCs will need to apply for an Employer Identification Number (EIN).

This is a free, nine-digit number used by the IRS to identify your business and keep track of its tax reporting — much like a Social Security Number (SSN) for individuals.

You’ll also need an EIN to be able to:

• Hire employees
• Open a business bank account
• Apply for some business licenses/permits
• Establish a line of credit

On top of this, using an EIN instead of a Social Security Number (SSN) helps to protect your personal information and safeguard your anonymity as the business owner of your LLC.

You can quickly apply for an EIN for your LLC online through the IRS website. You’re also able to submit a paper application using Form SS-4 either via fax to (855) 641-6935, or by mailing it to the following address:

Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999

Note: Don’t worry if you don’t already have an SSN, it’s not necessary to have one in order to apply for an EIN — instead, you can just leave Section 7b of the application blank and call the IRS on (267) 941-1099.

Step 6: File a BOI Report

Starting January 2024, the vast majority of LLC owners will be required to file a Beneficial Ownership Information (BOI) Report with the US Financial Crimes Enforcement Network (FinCEN).

This is part of an initiative by the U.S. government to stop individuals and entities engaging in illegal or unethical activities from being able to conceal this using “opaque ownership structures”, like shell companies, to hide their true identities.

Existing LLCs will be able to file this report anytime between January 1, 2024, and January 1, 2025, while new LLCs will have up to 90 days after the date they were initially formed to do so (30 days for LLCs formed after the start of 2025).

Keep in mind that failure to file your LLC’s BOI report on time can result in exorbitantly high fines (i.e., $591 per day) or even jail time (up to two years).

Note: Not every LLC owner is required to file a BOI report. For example, companies with more than 20 full-time employees, accounting firms, and banks are exempt. For a full list of filing exemptions, you can have a look at FinCEN’s website.

How to Maintain Your New Hampshire LLC

In order to keep operating legally in the state of New Hampshire, your LLC will need to keep up with its annual tax obligations — which we’ve discussed in greater detail below.

Submit an Annual Tax Report

All LLCs in New Hampshire are required to file an Annual Tax Report in order to maintain their good standing with the Secretary of State.

This report includes information such as the current status and operations of the LLC, and will need to be submitted by April 1 each year.

You can submit this report via mail or online through the NH QuickStart system; a fee of $100 will need to be paid for mail submissions and $102 for online filings.

It’s important to keep in mind that missing the required deadline will result in a late penalty of $50, with an additional $25 incurred for each subsequent month the report remains unsubmitted.

New Hampshire vs Other States

New Hampshire’s LLC formation costs align with national averages, providing a reasonable start-up option for entrepreneurs; having said that, the state’s maintenance fees are on the higher end when compared to most other states.

Ultimately, the best state to form your LLC will be the one in which you plan to primarily operate your business from.

This is because operating primarily in your state of registration simplifies legal compliance across taxation, licensing, and filing requirements, as you’ll only need to navigate one state’s regulatory framework.

New Hampshire Secretary of State Contact Information

Mailing Address:
State House 107 North Main Street, Room 204
Concord, NH 03301
Monday – Friday, 8:00am – 4:30pm

Contact Information:

Email: corporate@sos.nh.gov
Phone: (603) 271-3244