Forming a New Hampshire limited liability company
If you could use a guide on how to fill out and file the necessary forms to open you own LLC in New Hampshire, check out the step-by-step instructions below. If you could benefit from some additional information, like an article discussing the benefits and potential drawbacks of forming a limited liability company, instructions on how to get an EIN (which you may need for banking and tax reasons), as well as samples of the necessary forms you will fill out, check out our state kit, available for just $34.95.
1. Check if the LLC name you want is available
You first want to check if the limited liability company name you want is available. An easy way to do this? Search for a similarly named LLC using the New Hampshire online database at:
https://www.sos.nh.gov/corporate/soskb/csearch.asp
You can reserve a name for a fee of $25. This is not a necessary step in forming your LLC.
2. Download the LLC application form from the New Hampshire Secretary of State’s web site, then print this form
The URL, or web page address, for this form is as shown below.
http://www.sos.nh.gov/corporate/PDF/Form_LLC-1_V-1.0.pdf
3. Identify the name you want to use for your new LLC
Enter your business or investment name onto the lines provided. (I used the example name, “Acme Explosives LLC.”) Name must contain the words Limited Liability Company or the abbreviation L.L.C., L. L. C., L L C or LLC. For example, all of the following names should be acceptable:
- Acme Explosives Limited Liability Company
- Acme Explosives LLC
- Acme Explosives L.L.C.
- Acme Explosives L L C
- Acme Explosives L. C.
4. List business activity information
Put in the description of your business activity. In the example, I put wholesaling to mining companies.
5. Provide your name and address to the Secretary of State’s office
New Hampshire wants to know the name and contact information of the registered agent. A registered agent may be either an individual resident of New Hampshire whose business office is identical with the limited liability company’s registered office, or a domestic corporation, or a foreign corporation authorized to do business in New Hampshire. Accordingly, enter your name and address information onto the lines that ask for this information.
6. Indicate date that LLC will dissolve
This statement must be completed only if the limited liability company is to have a specific date of dissolution. If no specific date of dissolution, enter “NONE.”
7. State the management style of the LLC
If the LLC is going to be managed by managers, put the word “is” in the blank describing the management. If the LLC is going to be managed by its members, place the words “is not” in the blank space.
8. Sign and date the form
The certificate of formation must be signed by a manager if the limited liability company has a manager. If no manager, it must be signed by a member.
9. Fill in the SRA form, found at the same URL
This certificate of formation must be accompanied by form SRA, certification pursuant to RSA 421-B:11, II, stating that the limited liability company’s securities (generally, membership interests) have either been registered or are exempt from registration under the Uniform Securities Act because ten or fewer members own the LLC and you haven’t been out trying to sell interests in the LLC to investors.
10. State the LLC name, address, phone number, email, contact person, and contact person’s address
Please provide the business name and address, including number, street, city, state, and zip code. In addition, please provide the businesses telephone number, e-mail address of any contact person’s name and the contact person’s full address if different from the business address.
11. Indicate need to register with the NH Bureau of Securities
Check only one item in part II and part III. If more than one item is checked, New Hampshire will reject your application and filing.
Note that most small, owner-operated businesses registering in New Hampshire should qualify for the exemption in Part II, Item 1. Before marking this box, however, be sure that your LLC meets all the requirements.
If you’re forming a New Hampshire LLC and have complied with state laws, you would mark box 2 in Part III.
12. Certify the accuracy of the SRA form
This is a statement certifying the accuracy of all the information contained in the Form SRA. Please note that they will not accept photocopied signatures for this filing. All signatures must be original. The SRA must be signed by one or more authorized members or managers of your LLC.
13. Submit the applications
Mail fees ($50 filing fee and $50 SRA fee), dated and signed original and form SRA to:
Corporate Division
Department of State
107 North Main Street
Concord NH 03301-4989.
Processing lead times vary, but in general, it takes several weeks to get your LLC certificate back from the Secretary of State’s office.
