New Hampshire LLC Operating Agreement

Set out who owns your New Hampshire LLC, who manages it, and how profits are split — and download a print-ready PDF. Single-member or multi-member. Free, no signup. The preview updates as you type.

Reflects current New Hampshire rules · 2026 Official source linked Free PDF · no signup · nothing uploaded

Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.

New Hampshire LLC act rules · as of 2026

Required by law?: No — but strongly recommended
Recognized form: "written, oral, or implied by course of dealing or otherwise" — RSA 304-C:40 (Form of Operating Agreement): unless a written operating agreement provides otherwise, an operating agreement, including amendments, may be written, oral, or implied by course of dealing or otherwise.
Governing act: New Hampshire Revised Limited Liability Company Act (N.H. RSA ch. 304-C, enacted 2012, effective 2013)

Without an agreement: Unless the operating agreement provides otherwise, profits and losses are allocated on the basis of the agreed value of the contributions made by each member (received and not returned) — N.H. RSA 304-C:90. Source: N.H. RSA 304-C:16 (definition); RSA 304-C:40 (form) · verify ↗.

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Why your New Hampshire LLC needs this — even single-member

It overrides the default rules. Without an agreement, the New Hampshire Revised Limited Liability Company Act (N.H. RSA ch. 304-C, enacted 2012, effective 2013) decides how profits are split and who can act for the company — not you.
It protects limited liability. A written agreement is core evidence that the LLC is a real, separate entity.
Banks and lenders ask for it. Opening a business account or getting a loan routinely requires it.

New Hampshire law

No — New Hampshire does not require an operating agreement (as of 2026): Not required. RSA 304-C:40 is permissive ("an operating agreement... may be written, oral, or implied"); the act supplies default rules when members have no agreement.. But without one, the default rules of the New Hampshire Revised Limited Liability Company Act (N.H. RSA ch. 304-C, enacted 2012, effective 2013) decide ownership, management, and profit questions for you — which is why one is strongly recommended even for single-member LLCs. Source: N.H. RSA 304-C:16 (definition); RSA 304-C:40 (form). Check the current New Hampshire LLC rules before relying on any default.

Frequently asked questions

Is an operating agreement required in New Hampshire?

Does the operating agreement get filed with the state?

No. Unlike the formation certificate (articles of organization), the operating agreement is an internal document — you sign it, keep it with your records, and give each member a copy. Banks, lenders, and courts may ask to see it, but no New Hampshire agency records it.

Can the agreement be oral in New Hampshire?

New Hampshire's statute recognizes: "written, oral, or implied by course of dealing or otherwise" — RSA 304-C:40 (Form of Operating Agreement): unless a written operating agreement provides otherwise, an operating agreement, including amendments, may be written, oral, or implied by course of dealing or otherwise. (N.H. RSA 304-C:16 (definition); RSA 304-C:40 (form)). Even where oral or implied agreements count, put yours in writing — proving an oral term in a dispute between members is exactly the fight the document exists to prevent.

How does New Hampshire compare? See which states actually require an operating agreement, every claim cited to the state LLC act.

How New Hampshire compares

Computed from our 51-jurisdiction dataset (as of 2026). Source for New Hampshire: N.H. RSA 304-C:16 (definition); RSA 304-C:40 (form) ↗.

New Hampshire is one of 47 of 51 jurisdictions that leave the operating agreement optional (statutory default rules apply without one) (4 require an LLC to have an operating agreement).

The rest of what New Hampshire requires

The figures below are New Hampshire's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full New Hampshire page for that document.

Security deposit cap · as of 2026: 1 month's rent or $100 (whichever is greater) N.H. Rev. Stat. §540-A:6 ↗
Deposit return deadline · as of 2026: 30 days after move-out N.H. Rev. Stat. §540-A:6 ↗
Notice to end a month-to-month tenancy · as of 2026: 30 days N.H. Rev. Stat. §540-A:6 ↗
Notice for unpaid rent · as of 2026: 7 days to pay or quit RSA 540:2, 540:3 ↗
Notice to cure a lease violation · as of 2026: 30 days RSA 540:2, 540:3 ↗
Small claims limit · as of 2026: $10,000 N.H. Rev. Stat. Ann. (RSA) 503:1 ↗
Where you file · as of 2026: Small Claims (Circuit Court — District Division) · filing fee approx. $125 (claims ≤$5,000) / $180 (over) per the 2025 schedule — confirm with the Circuit Court clerk (older guides still show $90/$145) N.H. Rev. Stat. Ann. (RSA) 503:1 ↗
Rental application fee · as of July 2026: No statutory limit New Hampshire General Court ↗
Bill of sale notarization · as of 2026: Not required New Hampshire DMV (Form TDMV 22A) ↗
Power of attorney signing · as of 2026: Notarization required N.H. Rev. Stat. §564-E:105 (form §564-E:301) ↗
Recording a deed · as of 2026: Register of Deeds (county registry of deeds) · no witnesses NH RSA 477:3 ↗

LLC operating agreement in other states

More New Hampshire legal forms

Different state? See LLC operating agreements by state →