How To Form an LLC In New Hampshire
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1. Choose a Name for Your New Hampshire Limited Liability Company
Check for an Available Name for the LLC in New Hampshire: If you are getting ready to form an LLC in New Hampshire you will need to choose an available name for your LLC. Search databases and records online and in other archives before you file so that you can be sure that the name that want to use is available and not in use by another New Hampshire LLC. The official website of the New Hampshire Secretary of State has a database of New Hampshire business entities that you can search at New Hampshire LLC.
Reserve a Name for Your New Hampshire LLC: You do not have to reserve a name before you file Certificate of Formation in New Hampshire, but it might be a good idea to reserve a name if you cannot file at the present time. Go to New Hampshire LLC to download the name reservation application form. The LLC name that you choose will be reserved for a period of 120 days. There is a $15.00 fee to file this application.
Filing for Trademarks Protection and Doing an LLC Name Search: It may be the case that the name that you have chosen for your LLC is available in New Hampshire but in use by an LLC in some other state. It could be that there are restrictions that affect your use of the LLC name that you have chosen. Consult an attorney to learn what these restrictions are and what you can do to protect the name of your company. To find more information about choosing a name for your LLC, see how to choose a name for your llc.
New Hampshire LLC Name Requirements: When you are choosing a name for your New Hampshire LLC, remember that the name of your LLC needs to include the designation "LLC," “L.L.C.,” or "Limited Liability Company." Remember that “LLC” stands for “Limited Liability Company,” NOT “LLC Corporation, “Limited Liability Corporation,” or anything else that may seem to be related to a corporation. LLCs should not be confused with corporations since LLCs are a separate type of business entity.
2. Find a Registered Agent in New Hampshire
If you are getting ready to form an LLC in New Hampshire you will need to choose a registered agent. A registered agent acts as an agent for service of process and is responsible for receiving tax documents and other official documents for your LLC. You should know that there are some corporate services companies that provide registered agent services for LLCs in return for a fee of around $75.00 to $150.00.
3. File a Certificate of Formation with the New Hampshire Secretary of State
Minimum Requirements for the Certificate of Formation: The Certificate of Formation that you file for your New Hampshire LLC must contain the name and purpose of your LLC, the name and address of your registered agent, and the signature of the organizer. You must also indicate whether the LLC will be managed by a manager or by the members of the LLC. You can find and download a form for this document online at New Hampshire LLC.
Other New Hampshire Legal Provisions: You may want to include additional clauses or provisions in your Certificate of Formation that are relevant to your business. Consult a lawyer for help in including the additional clauses that are most useful.
Where to Submit the Certificate of Formation for Filing: You should mail your Certificate of Formation to the Corporate Division, Department of State, 107 North Main Street, Concord NH 03301-4989.
Filing Fee: The fee to file a Certificate of Formation in New Hampshire is $100.00.
4. Form a New Hampshire Limited Liability Company Agreement (Operating Agreement)
The Certificate of Formation document that you file to form your LLC is only the first document that you will create for your LLC. Next you will need to create an LLC Agreement that will govern your LLC and the actions between the members. Each LLC Agreement is different since LLCs can be formed for various purposes. LLCs can be formed to run retail stores or restaurants, manufacture products, or acquire and own real estate. The details of your LLC Agreement will depend on the purpose of your LLC and factors such as whether the company has one owner or several owners, whether there are outside investors, and whether the LLC will be managed by a manager or by the members. Will the members be organized as a board or a committee? How will money be distributed among the members? Will there be employees? You should also determine what will happen if you eventually decide to incorporate or sell the company. Since there are so many factors involved, you should consult both a lawyer and an accountant when it is time to create your LLC Agreement so that you can be sure to comply with all state requirements and federal tax laws.
You should also prepare to make securities filings, obtain an EIN from the IRS, and obtain a business license. There are corporate services companies that can help you make these filings. To learn more about how to get a business license in your city, check out our online guide at http://www.cityapplications.com/business-licenses.html.
5. Qualify Your New Hampshire LLC to Do Business in Other States
You will need to qualify or register your LLC to do business in other states and even in your home state if the main office of the company is located out of state. Most states will require you to pay taxes in your home state when you do business in other states. To learn more about how to qualify your LLC to do business in other states, go to [Qualifying to Do Business in Other States].
6. Make Annual Filings and Pay Annual Taxes in New Hampshire
The state of New Hampshire requires that all LLCs file an annual report with updated information about your LLC. To file this report online, go to New Hampshire LLC. The filing fee is $100.00. You will also be required to file a tax report and pay taxes annually for your LLC. To learn more about the taxes that apply to your LLC, go to the official website of the New Hampshire Department of Revenue Admiration at New Hampshire LLC.
It can be complicated to form a New Hampshire LLC, especially if your LLC will have more than one owner. Consult an accountant and an attorney during this process so that you can make sure that an LLC is right for you and that all your paperwork is being processed correctly.
This article is for informational purposes and does not constitute legal, financial or tax advice. This information is derived from various sources and should not be relied on as an official source of information. All information should be independently verified. You should consult a legal or accounting professional before incorporating your business.Search by State
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