File Your New Hampshire LLC Certificate of Formation

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New Hampshire LLC Certificate of Formation

To become an official legal business entity, you must file a Certificate of Formation in New Hampshire. This is the document that the Secretary of State will use to verify that your business is real. It provides important information about your business and is needed for you to comply with state business laws. You can’t operate as an LLC without one. 

How to File Your New Hampshire Certificate of Formation

There are multiple ways to file your Certificate of Formation in New Hampshire. The important part is to include all necessary information with as much accuracy as possible. This avoids potential delays because of incompletion or necessary amendments. 

Here is some of the information you will need to include in your Certificate of Formation in New Hampshire:

1. Submit Your LLC’s Official Name

Follow all New Hampshire naming guidelines for limited liability companies. The name must contain one of the following designations: Limited Liability Company, L.L.C., or LLC. The name must be distinguishable from other New Hampshire businesses.

There are also several other restrictions, most of which serve to ensure that your name is not misleading. Before submitting your Certificate of Formation in New Hampshire, make sure the name you want is available with our Business Name Checker

If you choose to go by a name that is not your actual business name, you can file for a DBA (doing business as). In New Hampshire, this is called a fictitious business name. 

2. Add a Copy of the Name Reservation Certificate

Once you find that perfect business name, you won’t want to give it up. File an Application for Reservation of Name with the Secretary of State. All business entities in New Hampshire use the same form. You have 120 days before the name is put back on the market for anyone to use. 

3. Optional Principal Business Addresses

The physical address of your business is optional for your Certificate of Formation in New Hampshire. If you do not include one, your registered agent’s address will be used in its place. This makes the most sense for online businesses without a brick-and-mortar building. 

4. Indicate the Primary Nature of Your Business

You are required to state the primary nature of your business. It must be somewhat specific, and it cannot  be just a general statement of “any lawful activity.” New Hampshire uses NAIS codes for this purpose.

5. Provide the Name and Address of Your Registered Agent

A registered agent is mandatory for all New Hampshire limited liability companies. This entity or person is responsible for receiving all legal and business correspondence on behalf of your company during all normal business hours. If you don’t have a registered agent in New Hampshire, we can help you find one. 

6. Determine Your LLC Management Structure

The New Hampshire Certificate of Formation form will require you to assert how your LLC will be managed. Your options are:

You have the option to choose how you want your limited liability company to be managed. This can depend on several factors, including other people involved in forming your limited liability company. 

7. Manager Signature

Your New Hampshire Certificate of Formation needs a printed name and signature from an LLC manager. This can be you or someone else. 

8. Filing Fee

Make sure to include the necessary filing fee. Your document will not be processed without it. 

Where to file your New Hampshire Certificate of Formation

Your New Hampshire Certificate of Formation is filed with the Secretary of State. There are two ways to file your document:

Mailing Address:

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

Remember, we can also take care of this for you. 

What are the next steps? 

Filing your Certificate of Formation in New Hampshire makes your business official, but there are still some steps to take before your business is fully operational.

Create an Operating Agreement 

A limited liability company operating agreement is not required in New Hampshire, but it is highly recommended. This internal document details how your company runs. Elements may include rights and responsibilities of members and managers, dispute resolution, and changes to business owners. We can get you started on the right path with our Operating Agreement Template.

Get an EIN

Every business needs an Employer Identification Number (EIN). This number is necessary for filing tax documents and opening business accounts. We can also take this task off your plate and acquire your EIN for you. 

Open Business Accounts

It’s essential to keep your business financial accounts separate from your personal accounts. Once you have acquired your EIN, you can open bank accounts and other business accounts. Taxes are complex enough without having to separate business and personal finances.

Licenses and Permits

There is no statewide general business license in New Hampshire, but most local governments will require some sort of license or permit to do business. Trying to figure out what you need can be a daunting task that takes a lot of research. We can help you determine what you need with our Business License Report

We can help with your Certificate of Formation in New Hampshire

Running a business can be fun and rewarding, but few business owners enjoy the complexity of submitting legal documents. We can file your Certificate of Formation in New Hampshire with our New Hampshire LLC Formation Service. We can help you file your New Hampshire Certificate of Formation along with additional paperwork that could keep you from doing what you do best. 

Let us keep you in good standing with our Worry-Free Compliance Service and Annual Report Service. We can even help you manage transactions with our ZB Money app. There are so many ways we can make running a business more manageable, and we are excited to do it. 

Disclaimer: The content on this page is for informational purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.

FAQs

  1. How do I change my Certificate of Formation in New Hampshire? 

    To make changes to your Certificate of Formation in New Hampshire, you will need to file a limited liability company Certificate of Amendment to the Certificate of Formation to the New Hampshire Department of State (DOS). You can also restate your New Hampshire LLCs Certificate of Formation by filing a Restated Certificate of Formation. We can help with your amendment needs.

  2. How do I file Articles of Dissolution in New Hampshire? 

    To dissolve your LLC, submit a completed Certificate of Cancellation of New Hampshire Limited Liability Company to the New Hampshire Department of State by mail or in person.

  3. What documents are required for starting a corporation in New Hampshire? 

    All New Hampshire corporations file Articles of Incorporation. This document is similar in purpose to the LLC Certificate of Formation.

  4. Does New Hampshire require an LLC to have an Operating Agreement?

    New Hampshire doesn’t require an Operating Agreement for your LLC, but it’s highly recommended.

  5. Do I need a lawyer to form an LLC in New Hampshire?

    A lawyer may be valuable for insight on the best business structure for your company, but you don’t need a lawyer to form a New Hampshire limited liability company.

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