Form a Limited Liability Company in New Hampshire
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How to Form a New Hampshire LLC in 10 Steps
The creation of a Limited Liability Company in New Hampshire is not a difficult process. Limited Liability Companies are also known as LLC.
LLCs are unique business structures. In them:
- More than a single individual can own part of the business
- Liability exposure is reduced
- Separate taxes do not need to be filed separately
- Profits are passed through to all members
When you’re ready to create your own LLC in New Hampshire, follow these 10 straightforward steps:
1. Choose Your Company Name.
SunDoc has created an article to assist you in choosing a name for your LLC: Is My Business Name Available?
This document will help you conduct your own name search, or SunDoc can run your name search for a reasonable fee.
You need a company name that no other business has the rights to use. At a minimum, your preferred name must be available in the State of New Hampshire. It is also wise to check for a registered trademark on your preferred name as well.
2. Understand the LLC Organizer Requirement.
In this step, your job is to choose someone to prepare and file your Articles of Organization. This person will be your LLC organizer.
An LLC organizer can be a person or an entity. You will be the default organizer if it is you who files your Certificate of Formation. On the other hand, you could choose a filing service like SunDoc to file and be named your LLC organizer, or you can also have an attorney be your organizer.
3. Designate a Registered Agent.
It's now time to name a registered agent. Find out what this role is and why you need a registered agent here: Registered Agent Service.
Basically, you need to choose either a person or a firm to be your LLC’s registered agent and to be named on your Articles of Organization form.
4. Decide Your Ownership and Management Structure.
The Certificate of Formation form asks whether your New Hampshire LLC will be managed by one manager, multiple managers, or all the members. You must decide whether you want to be a member-managed or a manager-managed LLC. To help you decide, we have created guides for each method: the Member-Managed LLC or the Manager-Managed LLC.
5. Create an Operating Agreement.
Your specific entity type may require an operating agreement. An operating agreement is a key document used by LLCs because it outlines the financial and functional decisions of the business, including rules, regulations and provisions. The purpose of the document is to govern the internal operations of the business in a way that suits the specific needs of the business owners.
The Operating Agreement is the legal engine that drives your business, creating its governance, managing its working capital, and paying out its profits. Critical matters of money, voting, liability, and fiduciary constraints are at stake here. The SunDoc guides Member-Managed LLC and Manager-Managed LLC are a good source of information, but you may also wish to consult an attorney for advice.
6. File the Certificate of Formation.
Step six is filing your Certificate of Formation. Once these are filed with the state of New Hampshire, you will officially have a new LLC.
Your Certificate of Formation provide essential company details to the state. When filing your Certificate of Formation, you'll need several pieces of information. This includes:
- Company name
- Company address
- LLC organizer
- Management method
- Registered agent
- (occasionally) Member names
Short on time? SunDoc can file your Certificate of Formation for you.
7. Obtain an EIN and Open a Business Bank Account.
Congratulations! You are now a registered New Hampshire LLC. Any LLC with more than one member must file with the IRS for an EIN, Employer Identification Number, whether or not you have employees. You can file with the IRS yourself, or SunDoc can file for you.
There are two things you should do at this point: Hire an accountant to manage financial related business matters and open a business bank account. Remember that your EIN will be required when opening this account.
Having an accountant manage your business finances is smart, especially when you're just getting off the ground. Furthermore, make sure that you take this time to reimburse yourself or any other members for out-of-pocket expenses that you paid on behalf of your business.
8. Pay New Hampshire State Taxes.
If you plan to sell goods in New Hampshire, keep in mind you’ll need to begin collecting sales tax
Additionally, your LLC will have to pay required taxes and necessary fees to the state every year. This will most likely begin in your company's first year of operation.
Find out more about tax policies in the state of New Hampshire here: State of New Hampshire’s tax web site.
9. Determine Necessary Licenses and Permits.
Many businesses are surprised to find out that they are required to have one or several business licenses or permits.
States require these business licenses and permits so that all businesses are in line with city and county requirements. The best way to see what requirements you have as a business is to go to New Hampshire’s business website.
Operating a business without the proper licenses and permits will almost surely result in hefty fees and fines.
10. File an Annual Report (Biennial Report or Initial List).
The last step of the LLC formation process is filing a document called the Annual or Biennial Report. Timing is important when it comes to this report. If you're limited on time, ask SunDoc to file your report for you. SunDoc always files on time and reliably.
Your first report is likely to be due soon after the formation of your LLC. If you don’t file on time, you risk incurring a harsh late fee. After that, you'll have to file again every one or two years, and you also need to file if you make any significant changes to your company throughout the year.
The key role of this report is to keep the state updated on your company. Head to the New Hampshire business web siteto find the report form and all other LLC forms.
Important Notice: It is beyond the scope of this article to discuss your potential insurance needs, or matters relating to employees. You should consult an attorney or accountant with any questions about legal or financial matters. Please note that nothing in this article can be construed as legal, tax or accounting advice.
For additional learning, please visit our LLC FAQs.
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I initially ordered with LegalZoom for their expedited package but they said there is going to be a delay for a month! They kept giving me excuses about the backlog, blah blah blah. I had to get this LLC set up ASAP so I contacted SunDoc and they got it done for me in 24 hours! What a difference. I am very happy and will never go back to LegalZoom again. Great job SunDoc!
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