Get an Operating Agreement for your new LLC

Form your New Hampshire LLC for free!

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STEP 1
CHECK NAME AVAILABILITY FOR YOUR NEW HAMPSHIRE LLC

Generally, a limited liability company ("LLC") in New Hampshire may use any permissible name that is not the same as or deceptively similar to existing corporations, partnerships, limited partnerships, or other LLCs. You may verify that the name you have selected for your new New Hampshire LLC is available. There is no fee for this service.

New Hampshire LLC Check Name Availability

STEP 2
FORM YOUR NEW HAMPSHIRE LLC

A New Hampshire limited liability company is formed by filing the following documents with the New Hampshire Secretary of State: (i) The Certificate of Formation, and (ii) The Addendum to Business Organization and Registration Forms - Statement of Compliance with New Hampshire Securities Laws, which is attached to the Certificate of Formation. The filing fee for filing the Certificate of Formation is $100. Please make the check payable to “State of New Hampshire”: Please Submit the completed form and fee to:

Corporate Division
Department of State, 107
North Main Street, Concord NH 03301-4989.

To complete The Certificate of Formation you must include:

A. Certificate of Formation

The name of the LLC. The name must include the words limited liability company, LLC or L.L.C. at the end of the entity name.
The purpose for forming the LLC. An LLC may list any lawful purpose.
A registered agent and registered office must be provided. The registered agent must reside in New Hampshire and is the person who would receive service of process should the limited liability company be sued. The registered office is the registered agent's business address where the registered agent can be found for in-hand service of process; it cannot be served to a post office box. A street address or physical address must be provided in addition to a post office box. If a specific date of dissolution is set, a full date (month, day, year) must be stated. If no specific date of dissolution is set, "none", "perpetual" or "ongoing" is acceptable.
The certificate of formation must state whether or not management is vested in a manager or managers. A member managed LLC means that every member has authority to act on behalf of the business. If the LLC will have only one owner, typically the LLC will be member managed. With a manager managed LLC, the members, by virtue of being members, do not have authority to manage and operate the business of the limited liability company. Instead, the members elect “managers” and it is the managers who have this authority. A manager managed LLC can either be managed by one or more members or by appointed non-members. A manager managed LLC is typically the structure of choice for multi-member LLCs for a number of reasons. With no management structure, multiple owners acting on behalf of the LLC by signing checks or contracts could lead to potential problems for the LLC and its members. In addition, where one or more members are “passive members (not actively engaged in management) using a manager managed structure is useful in order to create a layer between the members and managers. It is important that a manager managed LLC have a well drafted LLC Operating Agreement that sets out the rules and procedures for the managers to follow when managing the LLC.
Whether the sale of ownership interests in the LLC will comply with the New Hampshire Uniform Securities Act – See Form SRA attached to the Certificate of Formation.
The Certificate of Formation must be signed by a manager. If there is no manager then the Certificate of Formation must be signed by a member.

B. Form SRA – Addendum to Business Organization and Registration Forms - Statement of Compliance with New Hampshire Securities Laws

This form is required for all businesses being formed or registering in the state of New Hampshire. New Hampshire law requires that before an application for business registration is accepted, the limited liability company must provide a statement that its business has complied with the state's securities law.

To complete the Form SRA you must include:

The business name, address, telephone number, contact person, email, and contact person address
Whether the sale of ownership interests in the LLC will comply with the New Hampshire Uniform Securities Act.
The Form SRA must be signed by one or more authorized persons of the LLC.

STEP 3
GET A CUSTOMIZED NEW HAMPSHIRE OPERATING AGREEMENT

It is extremely important that every New Hampshire LLC has an LLC Operating Agreement. The LLC Operating Agreement is the core document that is referred to when issues concerning the LLC need to be resolved. The LLC Operating Agreement reflects the agreement among the members with respect to the affairs and management of the LLC, as well as governs the relationship amongst the members of the LLC.

STEP 4
GET AN EIN FOR YOUR NEW LLC

An Employer Identification Number (EIN) is also referred to as a Federal Tax Identification Number. The EIN is generally used to identify a business entity. In general, every business requires an EIN.

Receive your entity's EIN for FREE in minutes