Every state has its own rules for forming an LLC (Limited Liability Company) and New Hampshire is no exception. Learning New Hampshire’s requirements will help prepare you for the formation process.
Naming your NH LLC
Your New Hampshire LLC’s name must contain one of the following: “Limited Liability Company,” “LLC,” or “L.L.C.” The name, based upon the records of the Secretary of State, must be distinguishable from, and not the same as the name of an entity incorporated, authorized, formed, or registered to do business in the state, or any reserved or registered name. The name must not contain language implying the LLC is organized for a purpose not permitted by the Act or its Certificate of Formation.
The following are New Hampshire’s requirements for the members/managers of LLCs:
- Minimum number. LLCs must have one or more members. An LLC may, but is not required to have one or more managers.
- Residence requirements. New Hampshire does not have a provision specifying where members/managers must reside.
- Age requirements. New Hampshire does not have age requirements.
- Inclusion in the Certificate of Formation. Member/Manager names and addresses are not required to be listed in the Certificate of Formation, but a member or manager must sign the Certificate of Formation.
Requirements for the Certificate of Formation
In New Hampshire, you form an LLC by filing a Certificate of Formation and paying the required fee. New Hampshire's requirements include:
Statement of Purpose. Description of the nature of the primary business or purposes, such as “sales and manufacturing of disposable products” or “software consulting and development.” New Hampshire will not accept a general clause such as “any lawful activity.” You must include a descriptive word.
Manager-managed or Member-managed. You must state whether your LLC will be managed by a manager or by its members.
Signature: The Certificate must be signed by a member if the LLC will be member-managed, or by a manager if it will be manager-managed.
An LLC in New Hampshire must provide both a registered agent and a registered office. The Registered office is the registered agent’s business address where the agent can be found for Service of Process. A post office box is not acceptable for the Registered Agent’s address.
Professional services businesses
New Hampshire allows professionals, such as accountants, attorneys and physicians, to form a professional limited liability company (PLLC).