How to Register a Business in New Hampshire

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TLDR

New Hampshire also has a robust startup ecosystem with numerous tools for founders. For example, entrepreneurs can find valuable information and support from the NH Small Business Development Center, SCORE-Merrimack Valley NH, N.H. International Trade Resource Center and the New Hampshire Procurement Technical Assistance Program (PTAP).
When you register a business in New Hampshire, you’ll need to satisfy several requirements, allowing you to start your company legally and compliantly. Before registering, though, it’s a good idea to map out your business, including your location, your ideal customer, and your marketing and sales approach, to name a few topics. You can do this by drafting a business plan.
Before registering your startup in New Hampshire, you must first determine your organization’s legal entity structure. When deciding upon your startup’s structure, it’s a good idea to discuss your options with your accountant or attorney, as they can advise you in detail about the ownership, management, tax benefits, and drawbacks of each structure.
You’ll also have to choose a name in choosing your startup’s structure. When picking a name for an LLC, corporation, or limited partnership, you’ll need to distinguish it from other business names already registered with the state. Further, your startup’s name must comply with New Hampshire’s naming conventions.
Next, after choosing your startup’s name, you need to identify a registered agent. A registered agent is an individual or a business that can receive legal and financial documents on behalf of the startup. Similar to most other states, New Hampshire does not permit the registered agent to have a P.O. Box address. Founders can access a list of approved registered agents on New Hampshire’s Department of State’s website.
Finally, after completing the above steps, it’s time to submit your formation forms to New Hampshire’s Department of State. The State of New Hampshire provides sample forms for your use or review for new entities.

Home to the highest peak east of the Mississippi River, New Hampshire’s history is firmly rooted in early American history. In 1775, New Hampshire was the first state to declare its independence from England as one of the original 13 colonies. New Hampshire became the country’s 9th state in June 1788. With the state’s motto of “Live Free or Die,” it’s easy to see how New Hampshire played such an integral role in early America.

New Hampshire also has a robust startup ecosystem with numerous tools for founders. For example, entrepreneurs can find valuable information and support from the NH Small Business Development Center, SCORE-Merrimack Valley NH, N.H. International Trade Resource Center and the New Hampshire Procurement Technical Assistance Program (PTAP).

Small business numbers are equally impressive. In 2021, New Hampshire was home to just over 137,000 small businesses, employing 304,765 people, making up 99.0 percent of all New Hampshire companies. Top small business industries include professional, scientific, and technical services; construction; retail trade; health care and social assistance; accommodation and food services; and administrative, support, and waste management.

As you’re launching your startup and exploring where to locate your new business, this article will explore registering your business in New Hampshire.

When Do You Need to Register a Business in New Hampshire?

When you register a business in New Hampshire, you’ll need to satisfy several requirements, allowing you to start your company legally and compliantly. Before registering, though, it’s a good idea to map out your business, including your location, your ideal customer, and your marketing and sales approach, to name a few topics. You can do this by drafting a business plan.

To help guide you in drafting your business plan, you can check in with the U.S. Small Business Administration or SCORE, which focuses specifically on small businesses and startups. New Hampshire also offers numerous resources for founders when starting a new business, in addition to resources specifically for entrepreneurs. Once you’ve identified some of the basics about your startup’s operation, it is time to register your business.

Below, we’ve broken the New Hampshire requirements into an easy step-by-step process.

Determine Your Business’s Entity Structure

Before registering your startup in New Hampshire, you must first determine your organization’s legal entity structure. When deciding upon your startup’s structure, it’s a good idea to discuss your options with your accountant or attorney, as they can advise you in detail about the ownership, management, tax benefits, and drawbacks of each structure.

In New Hampshire, you can choose from several different business structures. One of the more prevalent business types is the sole proprietorship. If you operate as a sole proprietorship, you do not have to formally file your startup in New Hampshire. Instead, any profits or losses are reported on your personal tax return.

In addition to sole proprietorships, five other popular New Hampshire business entities include:

General partnerships
Limited partnerships
Limited liability partnerships
Limited liability companies
Corporations

For example, a limited liability company is an entity that lets founders “take advantage of the benefits of both the corporation and partnership business structures. LLCs protect you from personal liability in most instances; your personal assets — like your vehicle, house, and savings accounts — won’t be at risk if your LLC faces bankruptcy or lawsuits. Profits and losses can get passed through to your personal income without facing corporate taxes. However, an LLC member is considered self-employed and must pay self-employment tax contributions towards Medicare and Social Security.”

In a c-corporation, the corporation is “a legal entity that’s separate from its owners. Corporations can make a profit, be taxed, and be held legally liable. Corporations offer the strongest protection to their owners from personal liability, but the cost to form a corporation is higher than other structures. Corporations also require more extensive record-keeping, operational processes, and reporting. Corporations pay income tax on their profits, unlike sole proprietors, partnerships, and LLCs. In some cases, corporate profits are taxed twice — first, when the company makes a profit, and again when dividends are paid to shareholders on their personal tax returns.”

Founders must register their startups (typically online) for these types of entities with New Hampshire’s Department of State.

Choose Your Business’s Name

You’ll also have to choose a name in choosing your startup’s structure. When picking a name for an LLC, corporation, or limited partnership, you’ll need to distinguish it from other business names already registered with the state. Further, your startup’s name must comply with New Hampshire’s naming conventions.

You can check for available names by visiting New Hampshire’s business name lookup database. If you want to register a business with a “conflicting name,” you’ll need to obtain consent for the other business. Once consent is received, you must file a Letter of Consent with the Department of State.

Reserved Names

Suppose you’re not ready to register your business in New Hampshire, but you want to preserve your startup’s name. In this case, you can reserve a business name, preventing another new business from taking the name. You can book your startup’s name for 120 days. After that, you’ll need to pay a $25 fee for new filings.

DBA or Assumed Names

Note that reserving a startup name is not the same as registering a “doing business as” or DBA name. DBA names are also called fictitious, assumed names, or trade names. In New Hampshire, for corporations, limited partnerships, and limited liability companies, you’ll need to file a Trade Name Registration form indicating the fictitious name, along with a filing fee of $50.

Suppose the founder chooses a DBA name, or trade name, rather than their name for sole proprietorships. In that case, the founder will need to file that assumed name with New Hampshire’s Department of State, even though the entity itself does not need to be registered. Further, founders with sole proprietorships must check with local and municipal business license offices before conducting business.

Identify Your Statutory Agent

Next, after choosing your startup’s name, you need to identify a registered agent. A registered agent is an individual or a business that can receive legal and financial documents on behalf of the startup. Similar to most other states, New Hampshire does not permit the registered agent to have a P.O. Box address.

Founders can access a list of approved registered agents on New Hampshire’s Department of State’s website.

Submit Your Formation Forms

Finally, after completing the above steps, it’s time to submit your formation forms to New Hampshire’s Department of State. The State of New Hampshire provides sample forms for your use or review for new entities.

For example, if you choose to register as a for-profit corporation, you will file an Articles of Incorporation application along with a non-refundable $100 filing fee. For New Hampshire startups registering as an LLC, you will file a Certificate of Formation along with a non-refundable $100 filing fee.

How Much Does It Cost to Register a Business in New Hampshire?

Depending upon your chosen entity for your startup, you will have your initial filing fee payment, any additional annual filings, and any taxes. For example, as stated above, you must pay a non-refundable $100 filing fee for registering a for-profit corporation or an LLC.

You’ll need to file annual reports for your entity, requiring a $100 filing fee.

Additionally, most New Hampshire startups must apply for specific business licenses or permits through New Hampshire’s Department of Revenue and local municipalities, which all may have separate filing fees.

New Hampshire has created an online to help founders complete all business filings and registrations. Filing system called New Hampshire QuickStart.

How to Register a Business in New Hampshire that Started in Another State

If you founded a startup in a state other than New Hampshire but want to conduct business in New Hampshire, you’ll have to register your business as a foreign entity. Whether a business is a domestic or foreign entity depends upon where the startup was formed and which state governs its management and operation.

For example, a registered startup in New Hampshire is a “domestic” startup. However, if you have a Delaware registered startup but want to conduct business in New Hampshire, your business would be considered a “foreign” startup.

Let’s look at an example. Suppose you have a Delaware corporation, but you’d like to conduct business in New Hampshire. Then, you can complete an application for registration of your out-of-state entity, along with the applicable filing fee.

The Benefits of Registering a Business in New Hampshire

There are many benefits associated with registering your startup in New Hampshire. Let’s look at some top ones:

Economic and tax incentives, such as the Economic Revitalization Zone Tax Credits (ERZ Tax Credit) Program and the Research and Development Tax Credit
Affordable living
Low crime rates
No sales tax
No state income tax on wages or salaries
Numerous beautiful natural settings

The Limitations Associated with Registering a Business in New Hampshire

There aren’t many limitations associated with registering your startup in New Hampshire. However, here are a couple of points to keep in mind:

Very cold, harsh winters
High property taxes
Little access to urban areas
Heavy tourism from spring to fall
Limited diversity

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If you’re looking for help registering your Utah startup, we can get your documentation ready, overall shepherding this process to ensure it’s done right. Get in touch with us.

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