We offer a simplified template you can readily download and tailor to suit your business’s unique needs. This user-friendly resource is designed to make creating an Operating Agreement as straightforward and cost-effective as possible.
Key Takeaways
- While New Hampshire doesn’t mandate a Limited Liability Company Operating Agreement, it’s still highly advisable for many LLCs.
- Utilize our free New Hampshire LLC Operating Agreement template to ensure compliance with state regulations.
- To form an LLC in New Hampshire, you’ll need to file Articles of Organization with the New Hampshire Secretary of State, appoint a registered agent, and fulfill the required filing fee.
New Hampshire LLC Operating Agreement Templates by Type
Single Member LLC
Basic Single Member LLC Operating Agreement
Used 4,920 times
Are you required to uphold your limited liability corporation status in accordance with state law? If the business is sued, the owner’s assets may be safeguarded by this agreement.
Use this operating agreement template in New Hampshire when there is only one owner of the LLC.
Multi Member LLC
Multi-Member LLC Operating Agreement Template
Used 4,872 times
Ensure that your newly formed LLC is run the right way by having a multi-member operating agreement in place.
Utilize this operating agreement template in New Hampshire when multiple individuals or entities co-own the LLC.
50/50 LLC
50/50 LLC Operating Agreement Template
Used 4,872 times
This free 50/50 LLC Operating Agreement template for businesses with equal ownership.
Employ this operating agreement template in New Hampshire when two equal partners equally share ownership and management responsibilities within the LLC.
Member-managed LLC
Member-Managed LLC Operating Agreement Template
Used 4,919 times
A manager is chosen by the firm owners to oversee day-to-day operations in a manager-managed LLC. Use this Member-Managed LLC Operating Agreement Template right away.
Opt for this operating agreement template in New Hampshire when the LLC’s management responsibilities are delegated to appointed members.
Legal Requirements
- Without this agreement, any disputes are resolved according to New Hampshire law’s default Limited Liability Company operating rules (NH Rev Stat § 304-C).
- These state rules may suffice for straightforward business arrangements, but they may not be ideal when significant differences exist in members’ contributions and ownership percentages.
- The state’s standard provisions may not offer the desired flexibility in defining operating rules and roles.
- An LLC Operating Agreement can help maintain a clear distinction between personal and business matters, which is especially important for safeguarding the limited liability status of single-member LLCs.
- Even if the state doesn’t require Limited Liability Company Operating Agreements, they could still be necessary when interacting with business partners, investors, or financial institutions. These external entities often expect a formal agreement to understand the operations and how potential disputes are handled.
How to Form LLC in New Hampshire
Forming a Limited Liability Company in this state involves several key steps:
Choosing a Name for Your LLC:
- The first step is to select a unique name for your Limited Liability Company. You can check the availability of your desired name by conducting a business search on the New Hampshire Secretary of State website.
Appointing a Registered Agent:
- A registered agent is a person or business entity that agrees to receive legal documents on behalf of your Limited Liability Company. This can be a company member, an employee, or an external individual or business.
- The registered agent must be a resident of New Hampshire with a physical address in the state.
Filing the Certificate of Formation:
- This document is of utmost importance as it serves as the official establishment of your LLC. It includes information about your business, such as its name, purpose, and details about the registered agent.
- The filing fee for the Certificate of Formation is $100.
Creating an Operating Agreement:
- While not mandatory in the state, an Operating Agreement is highly recommended. It outlines the operational procedures and ownership structure of your LLC.
Obtaining an Employer Identification Number (EIN):
- An EIN is a unique number the IRS assigns to your business for tax purposes. Apply and obtain it online from the IRS site.
Filing a Beneficial Ownership Information Report:
- This is a requirement for all LLCs in New Hampshire.
Remember, while forming an LLC in this state is straightforward, ensuring all steps are completed accurately is important to avoid potential legal issues.
New Hampshire LLC Laws
- Absence of State Income Tax: The state is unique because it doesn’t levy a state tax on businesses. It can result in substantial financial savings for your Limited Liability Company.
- Annual Report Submission: All LLCs in this state must submit a yearly report. This ensures that the state has the most current information about your business.
- Requirement for a Registered Agent: New Hampshire law stipulates that every LLC must designate a registered agent.
- Registration of Foreign LLCs: If your LLC was initially formed in another state but intends to conduct business in New Hampshire, you must register as a foreign LLC.
- Real Estate Considerations: If your Limited Liability Company is involved in real estate, you must comply with specific laws and regulations. These can include zoning laws, property taxes, and more.
- Employment Laws: If your Limited Liability Company employs individuals, you must adhere to New Hampshire’s employment laws. These cover minimum wage, overtime, workers’ compensation, and more.
