How to File a Certificate of Formation in New Hampshire

Many New Hampshire entrepreneurs choose to form a limited liability company (LLC) because of the many benefits of this business entity type. An LLC provides liability protection, for instance, so your assets are not at risk if your business is sued or cannot pay debts. 

An LLC is a “pass-through entity” for tax purposes, meaning that the LLC itself is not taxed. Instead, income passes through the business to the LLC owners or members, who report it on their tax returns. LLCs also offer flexibility in terms of management and taxation. 

Creating an LLC is relatively straightforward, but ensuring it’s done correctly is crucial to getting your New Hampshire business on the right foot. The most important step is filing a certificate of formation. 

What Is a Certificate of Formation for an LLC?

The certificate of formation is a legal document filed with the New Hampshire Department of State to form an LLC officially. It will include your business name, address, registered agent information, and more, as detailed below. 

First, Select a Registered Agent for Your New Hampshire LLC

New Hampshire requires LLCs to appoint a registered agent, a person or company authorized to accept and respond to official business correspondence, such as legal, tax, or financial documents. 

The registered agent ensures all important notices and documents are received. In New Hampshire, the registered agent can be an LLC member, individual, or entity that meets state requirements. In New Hampshire, a registered agent must:  

• Be 18 years or older
• Have a physical address in the state 
• Be available during regular business hours 
• Be registered to operate in the state, if it’s a business

Many business owners hire a registered agent service to ensure their LLC stays fully compliant and for convenience. 

If you choose to be your registered agent, you must be at your registered agent’s address for all business hours. A registered agent service allows you to be wherever you need to be to run and grow your business. 

How to Submit a Certificate of Formation in New Hampshire

To start, visit the New Hampshire Department of State website and create an account to access the certificate of formation online. 

In New Hampshire, the certificate of formation requires the following information: 

• LLC name
• Principal office address
• Registered agent information
• Registered office address
• Business purpose (NAICS codes)
• Governing authority type

Once you’re signed in, select “Create a New Business,” then “I am creating a new Domestic Business/Trade Name (D/B/A),” and select “Limited Liability Company” from the drop-down menu. 

On the following screens, you’ll enter all the required information, certify that it’s correct, and electronically sign. You’ll have a chance to review the information before payment.

The filing fee is $100. You should receive confirmation within seven days.

Some entrepreneurs hire an LLC formation service like ZenBusiness to handle this step, saving time and ensuring the process is done correctly. 

Draft an Operating Agreement

New Hampshire does not require an operating agreement, but it’s a crucial document that defines members’ ownership percentages and profit allocations. Those are the two key elements, but it should also include the following:

• Each member’s rights and responsibilities
• Management structure and roles 
• Voting rights of each member
• Rules for meetings and voting
• What happens when a member sells their interest, becomes disabled, or dies

You can find operating agreement templates online, but it’s best to have them drawn up or reviewed by an attorney. The language of an operating agreement is crucial and can often help determine how member disputes will be resolved. Here you can obtain a free operating agreement template for your New Hampshire LLC.

Contact Information for the New Hampshire Department of State

New Hampshire Department of State Website

Online portal website: NH QuickStart

NH Department of State Corporation Division
State House Annex, Room 317
25 Capitol Street, 3rd Floor
Concord, NH. 03301

Phone: 603-271-3246
Fax: 603-271-3247
Email: [email protected]

In Closing

There’s only one way to create an LLC in New Hampshire: by successfully filing a certificate of formation. If you make any mistakes, you’ll likely have to refile, so be sure to do it right the first time and set your business up for serious success!