If you are forming an NH LLC, then this page’s content would be vital. As you learn how to start an LLC, you will realize that the bulk of your initial work and LLC cost comprises filing a New Hampshire certificate of formation, which we will elaborate on this page.
On this page, you’ll learn about the following:
What is a Certificate of Formation?
A Certificate of Formation, also known as an LLC certificate or Articles of Organization in some states, is a document filed with the secretary of state to form an LLC.
Each state has a different requirement to fill out a form. A Certificate of Formation usually includes the following:
- The name of the LLC,
- the effective date of the LLC,
- the company’s principal office,
- the business purpose,
- the duration of the business,
- a copy of the LLC’s name registration certificate, and
- the name and address of the registered agent, organizers, and
- at least one member of the company.
Note that the certification of formation is a legal requirement, not to mention, the core of your LLC formation. It even makes up the bulk of your New Hampshire LLC cost. Without it, you have no LLC. So, take the time to complete and file this certificate.
How to File a New Hampshire Certificate of Formation
These are the simple steps to follow in filing a Certificate of Formation in New Hampshire.
Step 1: Find Forms Online
Go to the New Hampshire Secretary of State to download the certificate of formation form for your LLC or to log into the online service.
Step 2: Fill Out Form
You must attach a copy of your Name Reservation to your filled-out Certificate of Formation form when filing. You also need to nominate a registered agent. Here are 3 of the best LLC services on our list.
Step 3: File Formation Certificates
Filing New Hampshire Certificate of Formation Online
Time needed: 5 minutes.
To establish your business LLC in the State of New Hampshire, you must file for the Certificate of Formation. You can apply either online or offline mode via mail or in-person. The cost of registration is $100. When applying through online mode, you get the benefit of immediate processing of the application. The formation guide in the following steps will help you file the Certificate of Formation, so read on and get the info.
- Visit the Official Website of the Secretary of State of New Hampshire
Visit the New Hampshire QuickStart portal on the New Hampshire Secretary of State website. You can create your account for free on the portal and access different online business services offered by the State.
- Create your Account
If you already have an account on the QuickStart portal, proceed to log in by entering your username and password in the space provided on the page. If you do not have an account, click on the ‘Create a Free Account’ tab.
- Enter your details
On the Create account page, enter your personal details such as First and Last Name, Street address, contact details, and email address. Next, click on the ‘Continue’ tab. On the next page, create your login details, such as your User ID and Password. Proceed to the account confirmation page.
- Apply for the Certificate of Formation
After confirmation of your Account, log in to your QuickStart Account. From the New Hampshire QuickStart side menu, select the option of ‘Business Services’ and then click on ‘Create a Business Online’. Start to fill in the required information and proceed as per the instructions provided for applying for the New Hampshire Certificate of Formation.
- Review the information
Before submitting your application, review all the information entered by you to be correct and accurate.
- Make the payment
As a final step, on the payment gateway page, pay $100.00 as the filing fee. After submitting the application, you will receive a notification confirming your successful submission of the NH Certificate of Formation Application.
Filing New Hampshire Certificate of Formation by Mail
Though online filing is an easier and convenient method of filing, if you want to file your application via mail, you can do that also easily. Follow the instructions below to file the Certificate of Formation in New Hampshire.
- Download the Application Form PDF (Form LLC-1) on your computer system.
- Read the instructions carefully provided on the first page of the application form.
- Proceed to fill in the required details such as the name of your business LLC, principal business information like Principal office street address and mailing address. In the next section, describe the nature of your business and the purpose of its setup. Provide the name of the registered agent and their complete address. Next, provide the details about the management of the company. Provide your signatures at the end of the form.
- Attach the name reservation certificate.
- Before finalizing the application, review the information provided by you to be correct and accurate to your knowledge.
- Make the payment of $100.00 via money order or check payable to the ‘State of New Hampshire’.
- Attach all the documents and send them to the following mailing address, Corporation Division, NH Dept. of State, 107 N Main St, Rm 204, Concord, NH 03301-4989. You can also drop the application in-person at the following address, State House Annex, 3rd floor, Rm 317, 25 Capitol St, Concord, NH.
Cost of Filing a New Hampshire Certificate of Formation
It is more convenient to apply for the Certificate of Formation online than through the mail. The cost of filing a New Hampshire LLC is the same for both methods of filing, i.e., through online and offline mode. Here is the cost of filing Certificate of Formation in New Hampshire,
- Online filing costs $100.00
- By mail filing costs $100.00
Where Can You Find Your New Hampshire Certificate of Formation
Certificate of Formation for New Hampshire LLC can be accessed through the New Hampshire Secretary of State website by creating your account. You can also download the PDF from New Hampshire Department of State website.
When forming an LLC in New Hampshire, you will need to file annual reports with the Secretary of State. You can either file online or send a letter. Either way, you will have to pay a filing fee of $15. This can get time-consuming, and you risk accidentally filing an annual report that is too late. If you’re in a hurry, you can use a Managed Annual Report Service.
The EIN is a nine-digit number assigned to your business by the IRS. This is also used for tax purposes. If you’d like to open a business bank account, you need to obtain an EIN. You can get it directly from the IRS or use a service such as Incfile to get one for you.
The legal name of your limited liability company should be unique and distinct from other businesses in New Hampshire. You can even use the name of a manager or member. However, the name of your LLC cannot imply a purpose other than what’s specified in the Certificate of Formation. You should also avoid using words that may confuse a potential customer with another business or an entity.
The address of your LLC should be different from your personal address. In New Hampshire, a registered agent is required for every limited liability company. They receive all correspondence regarding your business during normal business hours. The registered agent can be anyone – an individual or a corporation. Your registered agent should have a physical address in New Hampshire, and it must also be listed on public record.
In New Hampshire, a certificate issued by the Secretary of State is an official document. It contains the seal of the state and the Secretary’s signature. In addition, you can find information about other entities in the state by visiting the Secretary of State’s office. The office is located in the Annex building on the third floor. Its office hours are 8:30am-4pm.
When you form an LLC in New Hampshire, you must file a Certificate of Formation with the Secretary of State’s office. You can file the form online, via mail, or in person. It is essential to file annual reports with the state. The annual report for New Hampshire is due on April 1 each year.
The name of your LLC must be different from other companies in the state, and it cannot contain words that could be considered illegal by the government. The LLC must also have members. The members must be of legal age and be residents of New Hampshire. In addition, you should have at least two people in your company as the registered agent.
An operating agreement is another important legal document for an LLC. These documents set out the basic rules of your business, and define the rights and duties of each member. While an operating agreement is not required by New Hampshire law, it is recommended for the sake of the business and the owners. An operating agreement also helps to ensure mutual expectations. For example, if you sell a stake in your LLC, you must follow the terms of your operating agreement to ensure a smooth transition. The operating agreement should also spell out who will take over the duties when you sell your stake.
A Certificate of Formation is a legal document that will officially make your LLC into existence. This document is needed specifically for New Hampshire in forming an LLC business structure.
The application form for the Certificate of Formation needs to include the LLC name, date of establishment, the company’s registered office, business purpose, how long the business will exist, and a copy of the LLC’s name registration certificate.
Filing by mail or in person is neither highly recommended nor required; waiting an extra week for your LLC to be approved isn’t that bad. The LLC approval you send in will be returned by mail. Online filing, meanwhile, is more convenient as you won’t have to stay in a queue.
Articles of Organization or Certificate of Formation is the most important document for your New Hampshire LLC. Before you submit/file the document make sure to provide proper and correct information about your company. If you have any questions, share that below in the comment section.