Limited Liability Company Formations; Related Matters
Section 304-C:31
304-C:31 Certificate of Formation-General Requirements. –
I. In order to form a domestic limited liability company, one or more authorized persons shall deliver a certificate of formation to the secretary of state for filing.
II. (a) The certificate of formation shall set forth the name of the limited liability company.
(b) The certificate of formation shall set forth the address of the registered office and the name and address of the registered agent for service of process required to be maintained by RSA 304-C:36.
(c) The certificate of formation shall set forth the nature of the primary business or the purpose of the limited liability company. However, if, after its formation, a limited liability company engages in any other purpose permitted by law, by this act, and by its operating agreement, the limited liability company's actions in pursuing that other purpose shall not be deemed invalid merely because the other purpose was not set forth in the certificate of formation.
(d) The certificate of formation shall state whether the limited liability company is to be managed by its members or by persons, who may also be members, appointed as its managers under its operating agreement.
(e) The certificate of formation may set forth any other matters the members or managers decide to include.
III. Unless an effective time and date are specified in accordance with RSA 304-C:29, II, a domestic limited liability company is formed on the date and at the time of the filing of the certificate of formation with the secretary of state.