The New Hampshire LLC operating agreement is a legal document that is used by any sized company that would like to not only protect their personal assets by separating the members from the business, but also to establish their company policies, procedures, and daily business activities. As well, it offers establishment of member relations that all members must agree upon unanimously, avoiding future issues.
This State will not require that any business complete and file this document. However, to ignore this step in business ownership is extremely risky. The document will also provide beneficial tax benefits that will not be afforded to the company without it.
Members/owners should review all aspects of the agreement prior to completion and filing to be certain that they are comfortable with the language. The member(s) will always have the option of attorney consultation to ensure a clear understanding and therefore, proper completion of the document.
Table of Contents
Multi-Member – Use this form for companies that will have more than one (1) owner/managing member, to outline the various functions of the company policies and procedures.
Single-Member – To be used for companies with only one (1) owner. The document, once filed, will separate the owner’s assets from the business. It will also establish company procedures and activities. This form helps separate the owner’s assets from the business’s debts.
Filers attempting to register a Domestic or Foreign LLC in the State of New Hampshire should investigate the availability of their operating name before commencing the LLC filing process. The Secretary of State’s Corporation Division allows filers to to ensure the availability and uniqueness of any particular business name.
Step 1 – Nominate a Registered Agent
Each LLC in New Hampshire must elect a Registered Agent, which may be an individual residing in the State or a legal business entity operating in the State. The duties of the Registered Agent are to accept service of process and State filings on behalf of the LLC.
Step 2 – LLC Type
The specific filings you submit to the State will depend on the category of LLC being filed. Review the information below to understand which LLC type is suited to your business.
- Domestic LLC – An LLC being formed within the State
- Foreign LLC – A preexisting LLC expanding into New Hampshire
Step 3 – Complete the Application
Download the application below which corresponds with your LLC type.
*To pay the filing fee, enclose a check made out to the ‘State of New Hampshire’.
Step 4 – Submit your Filings
The last step of the LLC filing process is to submit your documents to the Secretary of State’s Corporation Division. If filing by mail, send your documents to the following address:
Corporation Division, NH Dept. of State, 107 N Main St, Rm 204, Concord, NH 03301-4989
Alternatively, you may hand deliver your filings to the Corporation Division. Their operating hours are Monday through Friday, 8:30am – 4:00pm, and they are located at the below address.
State House Annex, Room 317, 25 Capitol Street, 3rd Floor, Concord, NH 03301
Step 5 – Operating Agreement
LLC owners are advised to draft an operating agreement once successfully filed with the Secretary of State’s offices. The form is not required, though implementing an agreement of this nature provides documentation of each member’s financial interest in the company as well as other provisions established by the managing member(s).
Step 6 – Employer Identification Number (EIN)
The Internal Revenue Service issues an Employer Identification Number to business entities for the purpose of reporting tax information. Applying for an EIN is free of charge and will enable your LLC to hire employees and otherwise conduct a variety of legal financial transactions.
To apply for an EIN, you may:
- Submit Adobe PDF Form SS-4 by mail
- Complete the
Step 1 – Download the document and submit the business name at the top of the form.
Step 2 – The Agreement – Submit the following:
- Select the box that applies
- The required information
- Single-Member – The name of the company and the state of location. Enter the owner’s name and the business address
- Multi-Member – Submit each member’s full name and address
Step 3 – Name and Principal Place of Business – Enter the following:
- The name of the company as it is registered
- The business address
- The city where the business is located
Read the remaining information and submit all required information.
- The date of formation of the business, in dd/mm/yy format
- Read the following titles:
Member Capitol Contributions –
- Check the correct box
- Single-Members – Review all information
- Multi-Members – Enter each member’s name and contribution
Distributions – Members must read the information and provide additional information:
- Check the box that applies to the company type
- Single-Members – Review the information
- Multi-Members – Enter the names and Percentage Interest for the members
- Members may continue to read the remaining information
Step 4 – Books, Records and Tax Returns –
- Check the box that applies
- Read the information
Continue by reviewing the following titles:
- Bank Accounts
- Management of the Company
- Check the applicable box
- Single-Member – Read the this section
- Multi-Members – Review the information, proceed
- Submit the limits in each of the lines within the paragraph
Step 5 – Titled Sections – Check the box, if applicable. Next, review and enter any additional information.
- Meetings of Members – Submit annual member meeting date
- Assignment of Interests
- Ownership of Company Property (Sole Proprietors)
- Right of First Refusal
- Admission of New Members
- Withdrawal Events
- Dissolution and Liquidation – Check the box and read the information
- Representations of Members
- Certificates Evidencing Membership (Multi-Member) – Provide a company name and enter an effective date (dd/mm/yyyy)
- Indemnification (Owners/Sole Proprietors)
Step 6 – Signatures –
- Submit the date of the document’s execution
- Apply the signature of a selected company representative
- Members must apply their respective signatures
After completion of the document, all members must receive individual copies for their record keeping.