Starting a New Business in Rochester
Starting your own business is truly the American Dream, and the City of Rochester in New Hampshire is one of the best places to make your dream come true. New Hampshire has been named 7th in the US for Economic Freedom and 1st Most Livable State. The City of Rochester is anticipating sustained and consistent population and business growth throughout the decade.
Though the rewards are extraordinary, starting a business takes time and patience, hard work and perseverance, planning and organization. It will take commitment to get your business off the ground and planning to ensure operations run smoothly.
To get you started we’ve listed some of the basic steps of starting a business with links to some of the resources available to you.
Step One: Create a Business Plan
Starting a business off on the right foot is an important step to achieving your dreams. Planning and organizing your strategy is the first of many steps to making the dream a reality.
Please visit the following websites for information on creating business plans and more start-up information:
Step Two: Permits Local Licensing Code Enforcement
The structure your business assumes is important in determining your limitations and liabilities. Depending on the type of structure you choose, additional paperwork may be necessary to establish the business in New Hampshire. The New Hampshire Secretary of State Corporate Division is responsible for the statutory filing of business entities, trademarks and trade names and numerous miscellaneous filings. The Division is responsible for recording all required information regarding Business Entities and making this information available to the public.
Scroll over the business entity type in the following list for a brief description of each of the principal types of legal business structures available in New Hampshire. Your accountant or attorney can help you decide what type of business structure best fits your needs.
Sole Proprietorship
A sole proprietorship is the form of business entity with the least amount of legal formalities. In a proprietorship, the owner assumes sole responsibility for the operations and finances of the business, including profit and loss. In the proprietorship form of business entity, the owner?s personal property is tied directly to the business; therefore, the owner assumes unlimited risk of his personal assets.
"C" Corporation
Corporations are a separate entity from its owners. Corporations provide the shareholders with the most protection from liability and responsibility from debts and contracts. Profits for a corporation are taxed at the corporate level when the income is earned and is also taxed at the individual shareholder level.
"S" Corporation
An "S" Corporation is similar to a corporation in that it provides its shareholders with protection from liability. However, unlike a corporation, an "S" corporation is exempt from federal income tax. Instead the taxes are paid solely by the individual shareholders.
General Partnership
General Partnerships require an agreement between two or more individuals or entities to jointly own and operate a business. Profit, loss and managerial duties are shared among the partners, and each partner is personally liable for partnership debts. Partnerships do not pay tax, but must file an informational return, while individual partners report their share of profits and losses on their personal return. Short term partnerships are also known as joint ventures.
Limited Partnership
A limited partnership is a form of business organization that offers some of the partner's limited liability. It consists of a general partner who organizes and manages the partnership and its operations, and limited partners who contribute capital but have limited liability and assume no active role in day-to-day business affairs.
Limited Liability Partnership
LLP's are organized to protect individual partners from personal liability for the negligent acts of other partners or employees not under their direct control. LLP's are not recognized by every state and those that do, sometimes limit LLP's to organizations that provide a professional service, such as medicine or law, for which each partner is licensed. Partners report their share of profits and losses on their personal tax returns. Check with your Secretary of State's office to see if your state recognizes LLP's and if so, which occupations qualify.
Limited Liability Company
A Limited Liability Company (LLC) is a combination of the corporate and partnership forms of business. In an LLC, parties control shares of the company and like corporations, and their liability for the operations of the company is determined by their level of investment. However, like partnerships, income tax is not paid at the LLC level, but rather it is "passed through" and taxed at the shareholder level. This somewhat complicated form of business entity should be discussed further with an attorney or accountant to determine if it will fit your needs.
Each of the above has legal, tax, and practical consequences that may require the advice of an attorney and/or CPA. You may contact the NH Bar Association website or call them at 603-224-6942 for a listing of attorneys.
For information on licensing at the local level, contact the staff of the Code Enforcement Department at 603-332-3508.
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