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Read our comprehensive guide on how to write the New Hampshire LLC operating agreement using our professionally designed template.
Customized for New Hampshire This document may be legally binding in New Hampshire according to your state specific regulations.
The New Hampshire limited liability company's (LLC) operating agreement is a legal document that provides detailed information about each member’s contribution, interests, rights, and responsibilities inside the company.
The LLC operating agreement, or business operating agreement, is a document that enables members of the LLC to define all the aspects of their relationship within the company in more detail.
The main reason for this is that the federal and state laws provide a broad framework and leave it to the company members to provide detailed rules for operating their company based on their specific business model.
No, an operating agreement is not required when forming an LLC in New Hampshire. Regardless, many parties choose to draft the operating agreement and optimize the business processes inside the company.
In New Hampshire, you have four main types of operating agreements you can choose to draft for your LLC:
Chapter 304-C of the New Hampshire Statutes regulates the status of limited liability companies in New Hampshire.
Moreover, a few sections of that chapter regulate the status of operating agreements in New Hampshire, namely:
The easiest way to form a limited liability company in New Hampshire is to follow the steps outlined below:
The first step in the LLC formation process is to choose a business name that is distinguishable from other registered names in New Hampshire. Failing to do so can result in your application being rejected.
To check if your business name is distinguishable from other business names, go to the Department of State’s website and do a business search.
In New Hampshire, there are two main types of limited liability companies based on the place of their initial formation:
In this step, you should nominate an individual or an entity that is going to receive official notifications and documents on behalf of your LLC. This can be an individual with a registered address in New Hampshire or an entity with the authority to operate in New Hampshire.
The registration documents differ based on the type of LLC you are establishing.
For domestic LLCs, you should submit the Articles of Incorporation. You can submit this document online after creating an account or submit the Form LLC-1 in hard copy.
For foreign LLCs, you should submit the Application for Registration. You can also submit this document online after creating an account or submit the Form FLLC-1 in hard copy.
The filing fee for both the domestic and foreign LLCs is $100. You can pay it online or write a check and submit it with other documents to the Secretary of State’s Corporation Division.
After completing your registration, you can create the operating agreement according to the management structure of your company and the number of members that have established the company.
Finally, you should obtain the EIN that will enable you to open a company bank account and hire employees. It can be obtained on the IRS website or by filling out Form SS-4.
