Starting a new business is an exciting and challenging venture, and one of the first essential steps in forming a limited liability company (LLC) in New Hampshire is selecting a suitable and legally available name. A business entity search is a key part of this process, helping you verify that your desired name is available and in compliance with the state’s legal requirements.
This article provides a step-by-step guide on how to conduct a business entity search in New Hampshire, the naming guidelines you must follow, and what to do once you find an available name.
Why Do You Need to Do a Business Entity Search?
Before you settle on a name for your LLC, it is crucial to ensure that it is legally available. A business entity search helps you do just that by providing valuable information about existing businesses in New Hampshire. Here’s why conducting a business entity search is necessary:
- Ensuring Uniqueness: You must confirm that the name you want for your LLC is not already in use by another business. If the name is already taken, you may face legal issues, such as trademark infringement or confusion in the marketplace.
- Avoiding Legal Issues: A business entity search can help you avoid potential legal conflicts with other businesses, especially if their name is too similar to yours. Trademark and copyright infringement can result in costly lawsuits or forced name changes.
- Complying with New Hampshire’s Naming Regulations: New Hampshire has specific rules about naming an LLC, and a business entity search ensures your name complies with these rules. You must follow certain guidelines to avoid penalties or rejections during the LLC registration process.
- Establishing Your Brand: A unique business name is vital for creating a strong brand identity. It can set your business apart from competitors and build recognition in the marketplace. Conducting a search ensures you choose a name that supports your brand’s success.
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State Naming Guidelines for LLCs in New Hampshire
When selecting a name for your LLC in New Hampshire, there are several state-specific rules that you must follow to ensure the name is acceptable. These guidelines are designed to avoid confusion, prevent fraudulent activity, and ensure compliance with both state and federal laws.
Uniqueness Requirement
Your LLC name must be distinguishable from any other business entity already registered in New Hampshire. This includes not only exact matches but also names that are “confusingly similar” to others. For example, names that differ only in spelling or punctuation may still be rejected if they create confusion.
Inclusion of Required Words
The name of your LLC must include the words “Limited Liability Company” or an acceptable abbreviation such as “LLC” or “L.L.C.” This ensures that anyone interacting with your business understands its legal structure. Using the term “Corporation” or “Inc.” is not allowed unless your entity is registered as a corporation.
Restricted Words
Certain words are restricted or prohibited in LLC names. These words could mislead the public or suggest an affiliation with a government agency. For example, terms like “FBI,” “Treasury,” or “Bureau” are not allowed unless you have permission from the relevant authority. Additionally, avoid words that may suggest an illegal or regulated business activity unless you meet specific regulatory requirements.
Prohibited Words
Certain terms are outright prohibited in LLC names due to their association with regulated industries, such as “bank,” “trust,” or “insurance.” You should also avoid using offensive language, hate speech, or terms that could negatively impact your brand’s reputation. Stick to words that are clear, professional, and appropriate for the general public.
Conducting a Business Name Search in New Hampshire – Step-by-Step Guide
Once you understand the naming guidelines, you can proceed to conduct a business entity search in New Hampshire. Here’s a step-by-step guide to help you navigate the process:
Access the Database
The first step in performing a business entity search is to access the New Hampshire Secretary of State’s online business database. This is where you can find all businesses that are registered in the state. You can start by visiting the New Hampshire Business Search page.
Search Options
You will be provided with several search options to help you find your desired business name:
- Entity Name: If you are searching for a specific LLC name, you can enter the name directly in the search field. This will show you any businesses that are already using that name.
- Business ID: If you already know the business ID of an entity, you can search for it to obtain more detailed information.
- Assumed Name/DBA: If you are planning to operate under a “doing business as” (DBA) name rather than the LLC’s official name, you should search this field to check for availability.
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Different Filters
To refine your search results, you can apply several filters, such as:
- Entity Type: Filter by business entity types like LLC, corporation, or partnership.
- Active or Inactive Status: You can choose to search for only active businesses or include inactive, dissolved, or expired businesses. If a name is already used but the business is inactive, you may still be able to claim it.
- Business Status: The search allows you to sort results based on the current status of the business entity, helping you identify active businesses that may have a conflicting name.
Search Tips
While searching, keep these tips in mind to ensure a thorough check:
- Use Variations of Your Desired Name: Try different spellings, abbreviations, or word variations to cover all possibilities.
- Check for Similar Names: Ensure that your business name is not confusingly similar to existing ones, even if the spelling differs.
- Review Spelling and Abbreviations: Be careful with abbreviations like “LLC” and make sure they are used properly in your name.
Reviewing the Results
Once you run the search, you will receive a list of results showing businesses that match or are similar to the name you want. For each result, review the following details:
- Entity Status: Check if the business is active, inactive, dissolved, or expired.
- Entity Type: Make sure the existing business is of a different entity type, such as a corporation or partnership, if you’re registering an LLC.
- Registered Agent: The search will display the name of the registered agent for the business, which can help you avoid conflicting with businesses in the same field.
Fictitious Name/DBA
If you plan to operate under a different name than your LLC’s official name, you will need to conduct a search for a fictitious name or DBA (doing business as). A DBA is a trade name used to market your business under a name other than its legal one. Ensure this name is also available and compliant with New Hampshire’s naming guidelines.
What to Do Once You Have an Available Name
If the search reveals that your desired LLC name is available, there are a few steps you can take to secure it and proceed with starting your business.
Consider Reserving Your Business Name
New Hampshire allows you to reserve your LLC name for up to 120 days. If you need extra time before formally registering your LLC, you can file a name reservation application with the Secretary of State. This costs $15, with an additional $2 processing fee for online payments. Name reservation ensures that the name remains yours while you finalize other aspects of your LLC formation.
Consider Trademarking Your Business Name
To protect your brand across the United States, you may want to consider trademarking your LLC name. A trademark will prevent other businesses from using your name, even if they are in a different state. Registering a trademark with the U.S. Patent and Trademark Office (USPTO) can provide nationwide protection and strengthen your brand’s identity.
Consider Registering a Web Domain
In today’s digital world, having an online presence is crucial. Even if you don’t plan on selling products or services directly through a website, securing a matching domain name is an important step. It prevents others from claiming your business name online, ensuring consistency in your brand across platforms.
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Conclusion
Choosing the right name for your LLC in New Hampshire is an essential first step in establishing your business. By conducting a thorough business entity search and understanding the state’s naming guidelines, you can ensure that your name is legally available and compliant with the law. Once you find an available name, you can take additional steps, such as reserving the name, trademarking it, and securing a domain, to protect and enhance your brand.
Starting a business is an exciting venture, and the name you choose is an important part of your company’s identity. Taking the time to perform a business entity search, follow the naming guidelines, and secure your name will help set you up for success and avoid any potential legal complications down the road.
FAQ
Why Do I Need to Perform a Business Entity Search in New Hampshire?
Performing a business entity search ensures that the name you want for your LLC is unique and legally available. It helps avoid conflicts with other businesses and ensures your name complies with New Hampshire’s naming regulations.
How Do I Check if My LLC Name Is Available in New Hampshire?
You can check the availability of your LLC name by visiting the New Hampshire Secretary of State’s business search database. You can search by entity name, business ID, or DBA to see if your desired name is already in use.
How Much Does It Cost to Reserve My LLC Name in New Hampshire?
Reserving your LLC name in New Hampshire costs $15, with an additional $2 processing fee if paid online. This reservation secures your name for 120 days while you complete the rest of the LLC formation process.
Should I Trademark My LLC Name?
Trademarking your LLC name offers protection across the United States. By registering your name as a trademark with the U.S. Patent and Trademark Office, you prevent other businesses from using your name, even if they are located in a different state.
Do I Need to Register a Web Domain for My LLC?
It is highly recommended to register a web domain that matches your LLC name. Having an online presence, even if it’s just for informational purposes, helps establish your brand and prevents others from using your name online.
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