How to Start Your Own LLC in New Hampshire

This guide explains each step of forming a New Hampshire Limited Liability Company (LLC), from choosing a compliant business name to filing state paperwork, understanding tax obligations, and staying compliant year after year.

1. Choose a Name for Your New Hampshire LLC

Choosing the right name for your LLC is both a creative and legal process. Your business name should clearly reflect what you do, be easy for customers to remember, and meet all New Hampshire naming requirements.

Before selecting a name, clarify your business idea. Understanding your services, products, and target audience makes it easier to choose a name that fits your brand. Many entrepreneurs also find it helpful to ask friends, colleagues, or mentors for feedback, especially to identify names that might be confusing or misleading.

Once you have a few strong options, research them thoroughly. Look for existing businesses with similar names, check domain name availability, and search social media platforms. Online name generators can offer inspiration, but they should support—not replace—your own branding decisions.

New Hampshire LLC Naming Requirements

Under New Hampshire law, your LLC name must:

• Be distinguishable from all other registered business names in the state
• Include "Limited Liability Company" or an approved abbreviation such as LLC or L.L.C.
• Avoid implying activities your business is not legally authorized to perform
• Not suggest affiliation with a government agency
• Exclude restricted or misleading terms such as bank, credit union, or vulgar language

After confirming availability through the New Hampshire Secretary of State, you should also check the U.S. Patent and Trademark Office (USPTO) database to ensure the name is not federally trademarked.

Reserving a Business Name

If you're not ready to form your LLC immediately, New Hampshire allows you to reserve a business name for 120 days. Name reservations can be completed online through the NH QuickStart portal or by mailing a paper application.

The name reservation fee is $15, and once approved, no other business may register that name during the reservation period.

Doing Business As (DBA) / Trade Name in New Hampshire

Even after forming your LLC, you may wish to operate under a different name for branding or expansion purposes. In New Hampshire, a DBA is known as a Trade Name.

A trade name allows one LLC to operate multiple brands. For example, an LLC named JJ's Waffles LLC could legally operate JJ's Muffins without forming a new business entity. Trade names also allow you to open bank accounts and accept payments under the alternate name.

Trade names are registered online through the Secretary of State's website, and the filing fee is $50. Registration typically lasts five years before renewal is required.

2. Appoint a Registered Agent

Every New Hampshire LLC must designate a registered agent. This individual or company is responsible for receiving official legal and government correspondence on behalf of the LLC.

To qualify, a registered agent must:

• Be at least 18 years old
• Maintain a physical street address in New Hampshire
• Be available during normal business hours
• Be authorized to do business in New Hampshire if the agent is a company

While you may serve as your own registered agent, doing so requires consistent availability. Many business owners hire professional registered agent services to maintain privacy and ensure compliance.

3. Decide on Your LLC's Management Structure

New Hampshire LLCs may be either member-managed or manager-managed, and this choice must be stated in your Certificate of Formation.

In a member-managed LLC, all owners take part in daily operations and decision-making. This structure works best for small businesses where all members are actively involved.

In a manager-managed LLC, one or more managers handle daily operations, while other members act as passive investors. This structure is common when ownership and management responsibilities are separated.

Most small New Hampshire LLCs are member-managed, but your decision should reflect how you plan to operate the business long-term.

4. File a Certificate of Formation

To legally form your LLC, you must file a Certificate of Formation with the New Hampshire Department of State using the NH QuickStart online portal.

The Certificate of Formation requires information such as:

• LLC name
• Principal office address
• Registered agent and registered office address
• Business purpose (NAICS code)
• Governing authority type (member-managed or manager-managed)

After entering the required details, you'll certify the information, sign electronically, and submit payment. Most filings are processed within 7–10 business days.

The filing fee is $100.

New Hampshire Secretary of State Contact Information

NH Department of State – Corporation Division
State House Annex, Room 317
25 Capitol Street, 3rd Floor
Concord, NH 03301

Phone: 603-271-3246

Email: corporate@sos.nh.gov

5. Create an Operating Agreement

Although New Hampshire does not legally require an Operating Agreement, having one is strongly recommended—even for single-member LLCs.

An Operating Agreement outlines ownership percentages, management authority, voting procedures, profit distribution, and rules for resolving disputes. It also helps reinforce your LLC's limited liability protection and is often requested by banks and investors.

While templates are available online, having an attorney review your agreement can prevent misunderstandings and legal conflicts later.

6. Obtain an Employer Identification Number (EIN)

An EIN is issued by the IRS and functions as a federal tax ID for your LLC. It is required if your LLC has more than one member, hires employees, or elects corporate tax treatment.

You can apply for an EIN online at no cost through the IRS website. The application must identify a responsible party, who is an individual with authority over the business's finances.

7. Obtain Required Licenses and Permits

New Hampshire does not issue a general statewide business license, and it does not impose a state sales tax. However, depending on your industry and location, you may still need federal, state, or local licenses.

Certain professions—such as construction, healthcare, food service, childcare, and financial services—require industry-specific licensing. Local cities and towns may also require zoning approvals or permits.

Failing to obtain required licenses can result in fines or operational shutdowns, so it's essential to research requirements thoroughly.

8. Understand Your LLC's Tax Obligations

By default, New Hampshire LLCs are taxed as pass-through entities, meaning profits and losses flow directly to the owners' personal tax returns.

Single-member LLCs are treated as sole proprietorships, while multi-member LLCs are taxed as partnerships unless an alternative tax election is made.

New Hampshire imposes two primary business taxes that may apply to LLCs:

• Business Profits Tax (BPT) if gross income exceeds $103,000
• Business Enterprise Tax (BET) if gross receipts or enterprise value exceed $281,000

LLCs may also elect C-Corporation or S-Corporation tax treatment if beneficial.

Additional Ongoing Requirements

After forming your LLC, you should open a dedicated business bank account, apply for a business credit card, and obtain appropriate insurance coverage to protect your business assets.

New Hampshire LLCs must file an Annual Report each year between January 1 and April 1. The filing fee is $100, and failure to file can result in administrative dissolution.

Maintaining accurate records, compliance filings, and insurance coverage helps ensure your LLC remains in good standing.

New Hampshire LLC FAQs