Setting up an LLC in New Hampshire can be an exciting step towards starting your own business. To legally establish your company structure, you need to file a Certificate of Formation with the New Hampshire Secretary of State. In this guide, we will walk you through the process and explain in detail everything you need to know to successfully file your new hampshire LLC certificate of formation.
Understanding the Certificate of Formation
The Certificate of Formation is a crucial document that officially creates your LLC in the eyes of the state. It outlines essential information about your company and establishes its legal existence. Before you begin the filing process, make sure you have all the necessary details ready.
Here are the key elements you will need to include in your Certificate of Formation:
1. LLC Name: Choose a unique name for your LLC that complies with New Hampshire's naming requirements. Make sure to conduct a search on the Secretary of State's website to ensure no one else is using the name you desire.
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2. Registered Agent: Every LLC in New Hampshire must have a registered agent, also known as a resident agent or statutory agent. This person or business entity is responsible for accepting legal documents and official correspondence on behalf of the LLC. The registered agent must have a physical street address within the state.
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3. Principal Office Address: Provide the street address where you plan to locate your LLC's principal office. This address does not have to be a physical location and can include a P.O. Box.
4. Management Structure: Choose whether your LLC will be managed by its members (member-managed) or by appointed managers (manager-managed), and indicate this in the Certificate of Formation.
Step-by-Step Guide to Filing the Certificate of Formation
Now that you have the necessary information, follow these steps to complete and file your New Hampshire LLC Certificate of Formation:
Step 1: Obtain the Certificate of Formation Form
The New Hampshire Secretary of State provides an official Certificate of Formation form on their website. Obtain the form in a fillable PDF format to make it easier to complete electronically.
Step 2: Fill Out the Form
Open the PDF form on your computer and enter the required information accurately. Ensure that you double-check the information you include, as any mistakes or inaccurate details within your application can potentially cause delays or rejections.
Step 3: Choose the Filing Method
You can choose to file your Certificate of Formation via mail or online. While both options are acceptable, filing online is the recommended choice as it ensures a faster processing time.
Step 4: Online Filing (Recommended)
If you choose to file online, visit the New Hampshire Secretary of State's website and locate the "Business Division" section. In this section, you will find the required instructions and a link to create an online account.
Once you have created your account, complete the online filing process by following the instructions provided. Upload the completed Certificate of Formation form and pay the necessary filing fee online.
Step 5: Mailed Filing (Alternative)
If you prefer to file your certificate via mail, print out the completed Certificate of Formation form. Ensure you sign the form, as unsigned forms will be rejected. Enclose a check or money order made payable to the "State of New Hampshire" for the required filing fee.
Mail the completed form and payment to the following address:
New Hampshire Department of State
(Corporation Division or LLC Filing)
107 North Main Street, Room 204
Concord, NH 03301-4989
Step 6: Pay the Filing Fee
Regardless of your chosen filing method, you are required to pay a filing fee for your LLC Certificate of Formation. As of this writing, the filing fee is around $100, but it is always wise to confirm the current fee before submitting your form. Payment by credit card or electronic funds transfer is recommended for online filings, whereas checks or money orders are acceptable for mail filings.
Step 7: Await Confirmation and Approval
Once you have successfully filed your LLC Certificate of Formation, whether online or via mail, you can expect to receive a confirmation and approval from the New Hampshire Secretary of State. This confirmation will serve as evidence of your LLC formation, enabling you to conduct business legally in the state.
Important Notes:
- Filings made online result in faster processing times, typically within 2-3 business days. Mailed filings may take longer, so plan your business launch accordingly.
- The New Hampshire Secretary of State strongly advises checking the availability of your desired LLC name prior to submitting your Certificate of Formation to avoid potential issues.
Conclusion
Filing your New Hampshire LLC Certificate of Formation is a necessary step to establish your business as a legal entity in the state. By carefully following the outlined steps in this guide, you can ensure a smooth filing process and set your entrepreneurial journey on the right track. Remember to provide accurate information, pay the required fee, choose the appropriate filing method, and then patiently await the approval of your New Hampshire LLC Certificate of Formation. Good luck with your exciting new venture!
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