How to form an LLC in New Hampshire

This page is for a person who lives in New Hampshire, will do the work from New Hampshire, and is choosing between remaining a sole proprietor and filing a domestic New Hampshire LLC. It is a filing walkthrough, not a recommendation that every 1099 earner needs an LLC. Compare the structures on LLC vs sole proprietorship.

Formation Lane is not forming a New Hampshire LLC. A Georgia operator who lives and works in Georgia should not treat this page as a reason to file in New Hampshire.

Short version for 2026: form through the New Hampshire Secretary of State, Corporation Division (Certificate of Formation), expect $102 online ($100 paper), appoint a New Hampshire street registered agent — see registered agent, skip any newspaper advertising pitch that is not on the Certificate path, and calendar the annual report ($100 paper / $102 online) by April 1 each year following the year of registration ($50 late fee after April 1).

File in New Hampshire if the work is in New Hampshire

A domestic New Hampshire LLC is organized by filing a Certificate of Formation with the New Hampshire Secretary of State, Corporation Division (RSA 304-C; NH SOS LLC Forms and Fees; RSA 5:10-a). Online filing runs through NH QuickStart. A company already formed somewhere else that wants to transact business in New Hampshire files a foreign LLC registration — a different instrument (official fee materials: $100 for Application for Foreign Limited Liability Company Registration (Form FLLC-1) — confirm current attachments).

Filing in Wyoming, Delaware, or Georgia does not move New Hampshire work out of New Hampshire. A foreign entity that transacts business here still needs a New Hampshire registered agent and New Hampshire foreign registration, plus the formation state’s agent and recurring fees. Home-state filing is the cheaper default for a one-state operator. Multi-state registration overview: Foreign LLC and certificate of authority.

What to have on the desk before opening NH QuickStart

Checked against official New Hampshire SOS fee materials and statutes on 23 September 2026:

• A distinguishable LLC name that includes an allowed identifier. Search SOS entity records before ordering letterhead.
• Certificate of Formation contents: LLC name, principal office, New Hampshire registered agent with New Hampshire street address, and organizer / authorized signature as the form requires.
• Registered agent who can accept service of process in New Hampshire. See Registered agent basics for a new LLC.
• Organizer / payment method for the $100 paper / $102 online ($100 + $2 electronic handling under RSA 5:10-a) Certificate of Formation fee.
• No newspaper or other advertising is required on the standard domestic Certificate of Formation path.

No newspaper or other advertising is required on the standard domestic Certificate of Formation path. Professional LLC paths are out of scope for a default 1099 single-member LLC on this page. Optional name reservation is a separate fee line when offered — not required to form.

File through NH QuickStart

The primary path on this page is NH QuickStart (quickstart.sos.nh.gov/). Create or sign in, choose domestic LLC formation, enter the entity details, and pay. Official fee materials list $100 paper / $102 online ($100 + $2 electronic handling under RSA 5:10-a) for Certificate of Formation.

Optional certified copies, expedites, or other line items belong on the current fee table and checkout screen — this page does not invent add-ons. Pay what the portal shows and keep the receipt.

After the Certificate of Formation is filed

Formation with the SOS is not a state tax account, a sales-tax license, a city business license, or a professional license. Those have their own filings.

The IRS tells applicants to form the state entity first, then obtain an Employer Identification Number. That application on IRS.gov is free.

New Hampshire does not require an operating agreement to be filed with the Certificate of Formation. A written agreement still matters between members. Banks often ask for one anyway. See LLC operating agreement basics.

Annual report — April 1 starting the year after registration

New Hampshire requires an annual report for domestic LLCs. SOS Forms and Fees / Business FAQs: report fee $100 (plus $2 electronic handling online under RSA 5:10-a → $102 on QuickStart), due by April 1 of each year following the year of registration. Late fee $50 after April 1. File on QuickStart.

Notices go to the registered agent; keep that address current. Cross-state renewals: LLC annual report and annual registration.

Overview of admin status vs reinstate: Reinstate an administratively dissolved or revoked LLC — confirm catch-up totals on the portal before paying.

New Hampshire LLC FAQ

How much does it cost to form an LLC in New Hampshire?

The New Hampshire SOS Limited Liability Companies Forms and Fees table lists Form LLC-1 Certificate of Formation at $100. Online QuickStart filings add the $2 electronic handling charge under RSA 5:10-a ($102 total). Pay what the portal shows and keep the receipt.

Does a New Hampshire LLC file an annual report?

Yes. New Hampshire LLCs file an annual report. SOS Forms and Fees: $100 (plus $2 electronic handling online → $102), due by April 1 of each year following the year of registration; $50 late fee after April 1. File on QuickStart. Cross-state renewals: LLC annual report and annual registration.

Does a New Hampshire LLC need a registered agent?

Yes. The Certificate of Formation must state the registered agent with a New Hampshire street address. DIY versus commercial tradeoffs: Registered agent basics for a new LLC.

Does a domestic New Hampshire LLC need newspaper publication?

No. The New Hampshire SOS Certificate of Formation path and fee materials do not include a newspaper publication step for a standard New Hampshire LLC. Skip any “New Hampshire LLC publication” add-on that is not on the Certificate of Formation path. New York LLCs do publish under a different statute — see How to form an LLC in New York. Nebraska LLCs do publish — see How to form an LLC in Nebraska.

Should I form in Wyoming or Delaware if I live and work in New Hampshire?

For a one-state operator who lives and works in New Hampshire, home-state (domestic New Hampshire) filing is the honest default. A Wyoming or Delaware LLC that transacts business in New Hampshire still needs a New Hampshire registered agent and New Hampshire foreign LLC registration (Application for Foreign Limited Liability Company Registration (Form FLLC-1): $100 on the official fee materials — confirm current attachments) — plus the formation state’s agent and recurring fees. Multi-state overview: Foreign LLC and certificate of authority.

Do I get an EIN before or after filing the New Hampshire LLC?

After the Certificate of Formation is accepted. The IRS tells applicants to form the state entity first; the EIN application on IRS.gov is free. Walkthrough: Get an EIN after the state entity exists. After the EIN, park operating cash in a dedicated account — see First business checking account.

What this page does not cover

• Professional LLC, series LLC, conversions, or foreign registration of an out-of-state company beyond the fee citation above.
• Sales-tax, employer withholding, unemployment, Workers’ Compensation, or local business licenses.
• Whether an S corporation election is worth the payroll. That is a CPA conversation after there is real net income.
• Any promise that an LLC prevents a personal guarantee on a bank account or a business card. It usually does not.
• Telling a Georgia operator to file New Hampshire as a sophistication upgrade.
• Voluntary dissolution — confirm current SOS fee lines before filing; see Dissolve or cancel an LLC.
• Processor fees or portal line items that are not printed on the sources above.