New Hampshire Certificate of Formation (Form LLC-1), 2026

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 20, 2026 · Last updated Aug 20, 2026

The New Hampshire Certificate of Formation is Form LLC-1, filed with the New Hampshire Secretary of State's Corporation Division to create an LLC. The filing fee is $100, payable to the State of New Hampshire, and the form can be filed online through NH QuickStart or mailed to the Corporation Division.

Quick Answer

Form: LLC-1, Certificate of Formation
Filing fee: $100, payable to the State of New Hampshire
Agency: New Hampshire Secretary of State, Corporation Division
Online filing: NH QuickStart (quickstart.sos.nh.gov)
Governing law: RSA Chapter 304-C, New Hampshire Limited Liability Company Act
Annual report: Due April 1 each year; $50 late fee after April 1
Professional LLCs: Use Form PLLC-1 instead

What the Certificate of Formation Does

The Certificate of Formation is the document that legally creates a New Hampshire limited liability company. Until the Secretary of State accepts it, there is no entity and no liability shield - only a person doing business. New Hampshire's LLC law is codified at RSA Chapter 304-C, which sets out what the certificate must contain and how the company is governed once it exists.

New Hampshire uses the term "Certificate of Formation" where many states say "Articles of Organization." The documents do the same job. If a national template refers to Articles of Organization, the New Hampshire equivalent is Form LLC-1.

The certificate is public. Anything you put in it - including the principal office address and the name and address of the registered agent - is searchable in the state's business database. It is not the place for private governance terms; those belong in the operating agreement, which New Hampshire does not file.

What Form LLC-1 Must Contain

Form LLC-1 asks for a short and specific set of items.

LLC name - must include an LLC designator and be distinguishable from names already on record. Check availability first through the New Hampshire business entity search.
Nature of the primary business - a plain description of what the company does.
Principal office address - the company's main business address.
Registered agent and registered office - a New Hampshire street address where process can be served. See New Hampshire registered agent requirements.
Management - whether the LLC is managed by its members or by managers.
Signature - by a manager or authorised person.

Professional service entities file Form PLLC-1 instead, which adds the licensed profession and confirms that the members hold the required licences.

The $100 Filing Fee

The total filing fee to register a New Hampshire LLC on Form LLC-1 is $100, made payable to the State of New Hampshire. The same fee applies whether you file on paper or through NH QuickStart, though online filings are processed faster because there is no mail transit or manual data entry.

Item	Amount	Notes
Certificate of Formation (LLC-1)	$100	One-time, at formation
Annual report	See NH Corporation Division fee schedule	Due April 1
Annual report late fee	$50	Assessed after April 1
Federal EIN	$0	Free from the IRS

For a full first-year budget including name reservation and agent costs, see New Hampshire LLC cost.

How to File the Certificate of Formation

Search the name. Confirm the exact name is available and includes a permitted LLC designator.
Line up the registered agent. You need a New Hampshire street address; a post office box alone is not sufficient for the registered office.
Create a QuickStart account. NH QuickStart is the Secretary of State's online filing portal and is also where you will file annual reports later.
Complete Form LLC-1. Describe the primary business plainly and select member-managed or manager-managed.
Pay $100 and submit. Paper filers mail the signed form and payment to the Corporation Division.
Get an EIN. Apply free with the IRS once the LLC exists - see how to get an EIN in New Hampshire.

Keep the acceptance confirmation. Banks ask for it when opening an account, and it is the proof of formation date used for tax and contract purposes.

After Formation: What New Hampshire Expects

Formation is the start of a recurring cycle. Every New Hampshire LLC must file an annual report by April 1 each year, and a $50 late fee is assessed on reports and fees received after that date. Filing is done through NH QuickStart, and the One Click option lets an unchanged business file quickly.

You must also maintain a registered agent continuously and keep the registered office address current. Losing the agent is a standard route to administrative dissolution. On the tax side, New Hampshire has no general sales tax and no wage income tax, but the Business Profits Tax and Business Enterprise Tax administered by the Department of Revenue Administration apply above statutory thresholds - see business tax for the federal side and confirm current NH thresholds with the Department of Revenue Administration.

Amending or Correcting the Certificate

Changes to the information in the certificate - the LLC name, the nature of the business, or the management structure - are made by filing an amendment with the Corporation Division. Changes to the registered agent or registered office are made on their own dedicated form rather than by amending the certificate.

Amend promptly. New Hampshire's public record is what third parties, courts, and process servers rely on. An out-of-date registered office can mean a lawsuit is served somewhere you never see it, and a default judgment entered against the company.

Out-of-State LLCs Doing Business in New Hampshire

An LLC formed in another state does not file Form LLC-1. It registers as a foreign LLC with the Corporation Division, appoints a New Hampshire registered agent, and then carries the same annual report obligation as a domestic LLC. See foreign LLC registration in New Hampshire.

The opposite mistake is also common: forming in New Hampshire while operating entirely in another state. That usually produces two sets of filings and two sets of fees. Forming where you actually operate is normally cheaper and simpler.

Common Filing Mistakes

Four issues cause most rejections. Choosing a name that is not distinguishable from an existing record is the leading one - always search first. Omitting the LLC designator is second. Listing a post office box as the registered office is third; the registered office must be a street address in New Hampshire. Fourth is a mismatch between the form type and the business: licensed professionals must use Form PLLC-1, not LLC-1.

A fifth, quieter mistake is treating formation as the finish line. Diary the April 1 annual report date immediately, and see how to dissolve an LLC in New Hampshire if the business ever winds down, because an abandoned LLC keeps accruing obligations until it is formally dissolved.

Frequently Asked Questions

What is the New Hampshire Certificate of Formation?

It is Form LLC-1, the document filed with the New Hampshire Secretary of State's Corporation Division that legally creates a limited liability company under RSA Chapter 304-C. New Hampshire uses this term where other states say Articles of Organization; the two documents serve the same purpose.

How much does it cost to file Form LLC-1 in New Hampshire?

The total filing fee is $100, payable to the State of New Hampshire. The same fee applies whether you file online through NH QuickStart or submit the paper form by mail to the Corporation Division. A federal EIN from the IRS is free and is a separate step.

Can I file the New Hampshire Certificate of Formation online?

Yes. NH QuickStart, the Secretary of State's online portal at quickstart.sos.nh.gov, accepts Certificate of Formation filings and is also used later for annual reports. Online filing is processed faster than paper because there is no mail transit or manual data entry.

When is the New Hampshire LLC annual report due?

April 1 each year. The Secretary of State assesses a $50 late fee on annual reports and fees received after April 1. Reports are filed through NH QuickStart, and businesses with no changes can use the One Click filing option.

What form do professional LLCs use in New Hampshire?

Professional limited liability companies file Form PLLC-1 rather than Form LLC-1. The professional form identifies the licensed profession and confirms that the members hold the required licences. Filing the wrong form is a common cause of rejection for licensed practices.

Does New Hampshire require an operating agreement?

No. New Hampshire does not require an operating agreement and does not accept one for filing. Only the Certificate of Formation and later amendments, agent changes, and annual reports go to the Corporation Division. The operating agreement stays in your private company records.

Sources

New Hampshire Secretary of State - Corporation Division Forms and Fees.
New Hampshire Secretary of State - Domestic LLC forms.
New Hampshire Secretary of State - Form LLC-1, Certificate of Formation ($100 total filing fee).
New Hampshire Secretary of State - Form PLLC-1, Certificate of Formation for a Professional LLC.
New Hampshire Secretary of State - File an Annual Report (due April 1; $50 late fee).
New Hampshire Secretary of State - NH QuickStart online filing.
New Hampshire General Court - RSA Chapter 304-C, New Hampshire Limited Liability Company Act.
New Hampshire Department of Revenue Administration - Business Profits Tax.
New Hampshire Department of Revenue Administration - Business Enterprise Tax.
IRS - Get an Employer Identification Number (free EIN).
IRS - Limited Liability Company (LLC).
Cornell Legal Information Institute - 26 CFR § 301.7701-3 (entity classification election).

LegalGlass provides general information for educational purposes and is not legal advice, is not a law firm, and is not a substitute for advice from a licensed attorney or tax professional. Laws, fees, and thresholds change; verify current amounts with the New Hampshire Secretary of State and the NH Department of Revenue Administration before acting.