How to Form an LLC
1. Find a Business Name
- Business Search: quickstart.sos.nh.gov
Use the New Hampshire Business Search to check whether your desired LLC name is available. If no other businesses are currently using that name, the words “No data found” will appear after you click search.
The name of your business must end with the words “limited liability company” or abbreviation “L.L.C.”[1]
2. Select a Registered Agent
All corporations in New Hampshire must appoint and maintain a registered agent for service of process. The agent must be a New Hampshire resident, a corporation, an LLC, or an LLP with a business office that is the same as the registered office.[2]
3. Register the LLC
There are two ways to apply for the registration of your LLC: online or by mail.
Option 1: File Online
Go to quickstart.sos.nh.gov to access the state’s online filing system.
Enter your name, address, phone number, email address, and username. You will need to verify your email address in order to create an account.
After verifying your email address, log into your dashboard and select “Create New Business.”
Indicate whether you want to create a domestic business or register a foreign business. Then select “Limited Liability Company” under Business Type.
Enter the name of your LLC and select a NAICS code to indicate the purpose of your business.
Type in the name of your registered agent to search for them in the database. Indicate whether members or managers will manage your LLC.
Provide a business email address, phone number, and add the names and addresses of your LLC’s members/managers.
Certify your application by providing an electronic signature. Review and pay the filing fee of $100.
Option 2: File By Mail
Complete the appropriate form and send the document to the provided address with an enclosed payment.
LLC Certificate of Organization – For in-state entities.
Filing fee: $100 check or money order made payable to the State of New Hampshire
Mailing address: Corporation Division, NH Dept. of State
107 N Main St, Rm 204
Concord, NH 03301-4989
Foreign LLC Application for Registration – For out-of-state entities.
Filing fee: $100 check or money order made payable to the State of New Hampshire
Mailing address: Corporation Division, NH Dept. of State
107 N Main St, Rm 204
Concord, NH 03301-4989
4. Obtain an EIN
- Apply Online: www.irs.gov
- Apply by Fax/Mail: Form SS-4
It is required to apply for an Employer Identification Number (EIN) with the IRS in order to begin operating your business.
5. Write an Operating Agreement
While operating agreements are not legally required in New Hampshire, it is still recommended that one be created to help facilitate the business’s internal operations.
Download: PDF, MS Word, OpenDocument
6. Choose a Tax Classification
Below are the most common types of LLC tax classification:
- LLC – As an LLC, a sole proprietorship or partnership is considered a “pass-through entity,” which means all profits are taxed as income for the members/owners.
- S-Corporation – All business profits and losses are sent to the shareholders, who must pay income tax. To file as an S-corp, an LLC must file IRS Form 2553 within 75 days of formation.
- C-Corporation – All business profits and losses are filed as a separate corporate entity. To file as a C-corp, an LLC must file IRS Form 8832 within 75 days of formation.