NH Secretary of State Business Registration: Formation and Filing

To complete a New Hampshire Secretary of State business registration, file the formation document that matches your entity type with the Corporation Division, either online through the NH QuickStart portal or by mail to Concord. Most formations cost $100, and you need a distinguishable business name and a New Hampshire registered agent before you file.¹

Pick Your Entity and the Right Form

The form you file depends on how you want the business structured. Each entity type has its own statute, its own document, and its own fee.

Domestic LLC: Certificate of Formation (Form LLC-1) under RSA 304-C. Filing fee $100.
Domestic Corporation: Articles of Incorporation (Form 11) under RSA 293-A. Filing fee $100.²
Trade Name: Form TN-1 under RSA 349, required for any sole proprietor or partnership operating under a name other than the owner’s exact legal name. Adding a word like “Enterprises” to your own name triggers the requirement. Filing fee $50, with a $50 renewal.³
Foreign Entity Registration: for an LLC or corporation formed in another state that wants to do business in New Hampshire. Filing fee $100.⁴

The LLC is the most common choice for small businesses because it combines liability protection with flexible management and pass-through taxation. Corporations have a more rigid structure with directors, officers, and shareholders, which some investors and lenders prefer.

Make Sure Your Name Is Distinguishable

Your proposed name has to be distinguishable from every other entity already on file, including corporations, LLCs, trade names, nonprofits, and limited partnerships. The standard is stricter than most people expect.

Under both the corporate and LLC statutes, a name is not distinguishable if the only difference is punctuation, an abbreviation, a plural form, a phonetic spelling, a suffix or prefix, a change in entity designation (such as switching “LLC” to “Inc.”), or a swap between Arabic numerals, Roman numerals, and spelled-out numbers.⁵⁶ If “Granite State Builders LLC” already exists, you cannot register “Granite State Builder’s Inc.” or “Granite State Builders 2.”

Check availability before you file by running the business search tool on the QuickStart portal. Searching early saves you from completing the paperwork only to have it rejected at the name review stage.¹

What the Formation Document Must Include

LLC Certificate of Formation

Under RSA 304-C:31, every LLC Certificate of Formation must include four things: the LLC’s name, its registered agent and registered office address, the nature of its primary business, and whether it will be managed by its members or by appointed managers.⁷

The business purpose line catches people off guard. New Hampshire will not accept a vague description like “any lawful activity.” You need a concrete description of what the business actually does, such as “residential construction” or “software consulting and development.” If you later expand into different work, that is allowed without amending the certificate, but the initial filing needs specificity.⁸

The form also asks for a NAICS code and a principal office address, though the instructions note principal business information is optional. If you leave the principal office address blank, the Secretary of State uses the registered agent’s address instead.⁸

Articles of Incorporation

Corporations file Form 11. The articles must include the corporation’s name, its registered agent and office, the number and classes of authorized shares, and the names and addresses of the incorporators. RSA 293-A also sets structural requirements for board composition and officer roles.²

Registered Agent

Every LLC and corporation must designate a registered agent to receive lawsuits and official state notices. The agent has to be a New Hampshire resident or a business entity authorized to operate in the state, and the registered office must be a physical street address. A P.O. box does not qualify.⁷ Many owners appoint themselves. Commercial registered agent services are available if you prefer not to list your home address on the public record.

How to File

The Corporation Division accepts filings two ways: online through the NH QuickStart portal or by mail to Concord.

QuickStart walks you through the filing step by step. Create an account, select your entity type, enter the required information, and pay the fee at the end. Online filing is faster to submit and faster to process. If you need same-day turnaround, the Corporation Division offers expedited in-person service at its customer lobby for an additional $25 fee.⁹

For a mail filing, print the form on 8.5″ x 11″ paper in black ink, sign it, and send the original to the Corporation Division at the State House Annex in Concord. Include a check or money order payable to “State of New Hampshire” for the filing fee. Mailed submissions take longer because staff enter the data by hand, and processing times fluctuate by season. The Secretary of State posts current processing dates on the QuickStart login page.⁹

What to Do After Approval

Once the Secretary of State processes your filing, you receive a file-stamped copy of the document confirming your entity is officially recognized. If the office finds errors, they notify you using the contact information from your submission. Keep the stamped copy somewhere safe. It is your proof of formation.

Two more registrations usually follow.

First, get a federal Employer Identification Number from the IRS. You need an EIN to open a business bank account, hire employees, or file business tax returns. The IRS issues EINs online for free and assigns the number immediately. The application must be completed in a single session (it times out after 15 minutes of inactivity), and you are limited to one EIN per responsible party per day. Do not pay a third-party website to obtain one for you.¹⁰

Second, register with the New Hampshire Department of Revenue Administration. All businesses operating in the state must register with the DRA.¹¹ New Hampshire has no broad-based income tax or sales tax, but it does impose a Business Profits Tax and a Business Enterprise Tax on most entities. Registering ensures you receive the correct tax forms for your entity type.

File an Annual Report by April 1 Every Year

Registration is not a one-time event. Every LLC and corporation must file an annual report with the Corporation Division by April 1 each year. The report fee is $100, and missing the deadline triggers a $50 late fee. You file through the same QuickStart portal.¹²¹³

Miss April 1 and your entity is placed into “Not in Good Standing” status, which can cause problems with banks, lenders, and business partners who check your standing. A domestic entity that fails to file for two consecutive years will be administratively dissolved. Foreign entities can be administratively suspended after missing just the current year’s report.⁹

Reinstatement If You Get Dissolved

Dissolution does not have to be permanent, but the cost and the paperwork climb the longer you wait. The state uses three reinstatement windows:

Within 120 days: File a reinstatement form, submit all missing annual reports, and pay a $135 reinstatement fee plus $100 per delinquent report and $50 per late fee.
After 120 days but within three years: Same paperwork, plus a $30 tax clearance from the Department of Revenue Administration.
After three years: Obtain clearances from both the Department of Revenue Administration and the Department of Employment Security, then file an Application for Reinstatement under RSA 293-A:14.22-a. The Secretary of State schedules a public hearing, and reinstatement requires approval from both the Secretary of State and the Attorney General. The reinstatement fee is $500, on top of all missed annual report fees and late fees.

Setting a calendar reminder for March is the cheapest compliance strategy available.

1
New Hampshire Secretary of State. Corporations
2
New Hampshire Secretary of State. Domestic and Foreign Corporation
3
New Hampshire Secretary of State. Trade Names
4
New Hampshire Secretary of State. Application for Registration as a Foreign Limited Liability Company
5
New Hampshire General Court. New Hampshire Code 293-A:4.01 – Corporate Name
6
New Hampshire General Court. New Hampshire Code 304-C:32 – Name
7
New Hampshire General Court. New Hampshire Code 304-C:31 – Certificate of Formation
8
New Hampshire Secretary of State. New Hampshire Code RSA 304-C – Certificate of Formation of a New Hampshire Limited Liability Company
9
New Hampshire Secretary of State. Business FAQs
10
Internal Revenue Service. Get an Employer Identification Number
11
NH Department of Revenue Administration. Registering a New Business
12
New Hampshire Secretary of State. Secretary of State Reminds Corporations and LLCs to File Their Annual Reports by April 1
13
New Hampshire Secretary of State. File an Annual Report