INSTRUCTIONS: NH CERTIFICATE OF FORMATION (LLC)

Use this form to form a limited liability company in the state of New Hampshire. You’re encouraged to consult with an attorney before completing this form.

“NH Certificate of Formation (LLC) Step 1”

In Article I, make sure the name of the company has one of the following designations: Limited Liability Company, L.L.C., L. L. C., or LLC.

“NH Certificate of Formation (LLC) Step 2”

List the primary nature of the business in Article II. Descriptive words need used in the description. Then, list the name and street address of the LLC’s agent in Article III. If the mailing address is different, provide the address after the physical address.

“NH Certificate of Formation (LLC) Step 3”

If there is an estimated date of dissolution, state the full date in Article IV. Write “perpetual” or “ongoing” otherwise.

“NH Certificate of Formation (LLC) Step 4”

State if the limited liability’s management is or is not vested in the manager or managers in Article V.

“NH Certificate of Formation (LLC) Step 5”

A manager or member of the business entity needs to sign and print their name at the bottom of the Articles. Provide the date of signature as well.

“NH Certificate of Formation (LLC) Step 6”

You then need to fill out the Addendum to Business Organization and Registration Forms. After providing the complete name, street address, and contact information in Part I, check ONLY ONE of the items in Part II.

Check the first section if the limited liability company meets criteria under (A), (B) and (C). If you check section two, the LLC will receive federal exemption, and an exemption or notice filing number is required. If you check section 3, the LLC knows they have to register and sell its securities in New Hampshire. If you check section 4, the LLC will not offer or sell securities in New Hampshire.

“NH Certificate of Formation (LLC) Step 7”

Check the appropriate section in Part III, and provide the necessary signatures at the bottom of the page. See the last page of the packet for instructions on the signatures.

“NH Certificate of Formation (LLC) Step 8”

The filing fee for this form is $100.00. Send the date and signed original, SRA form, and filing fee to the following address:

Corporate Division

Department of State

107 North Main Street

Concord, NH 03301-4989