Ready to Form Your Corporation in New Jersey?
New Jersey has a thriving business community and is a popular state for incorporation and LLC formation. NJ is home to some of the largest companies in the U.S., including Johnson & Johnson, Prudential Financial, and Honeywell International. Starting a business in NJ is very popular, particularly in key industries such as agriculture, tourism, and pharmaceuticals.
When forming an LLC in New Jersey, you will be required to follow certain steps in order to obtain the needed licenses and permits.
Below is an overview of the process of how to form an LLC in NJ:
1. Select a Name for Your NJ LLC Formation
To register an LLC in New Jersey, you'll first need to choose a name. It is required by state law that New Jersey LLC names end with "Limited Liability Company," "LLC" or "L.L.C." Your company's name must not contain any language that indicates or implies that it is organized for any other purpose than that stated on the Certificate of Formation in NJ.
It must be distinguishable from the names of other LLCs, foreign LLCs, and current name reservations or registrations. The use of certain words to register an LLC in NJ is "restricted" by the state, meaning special approval by the state is required for names containing them. These include:
- Funeral Homes
- Little League
- Urban Renewal
The state of New Jersey also prohibits the use of certain words in the names of LLCs, including:
- District of Columbia
- Little League
incorporate.com will do the necessary research to make sure your company's name meets the state standards.
2. Complete a Public Records Filing for New Businesses in New Jersey
Once we have verified your company name, incorporate.com will complete a Public Records Filing with your Certificate of Formation in NJ. Under New Jersey’s LLC laws, a LLC is formed through filing a Public Records Filing for New Business Entity with the New Jersey Department of Treasury. The Filing includes the following information:
- LLC Information: The Certificate of Formation must include the LLC's name and address, purpose, and dissolution date, if there is one.
- Members/Managers: Your LLC must have one or more members/managers, and their names and addresses must be listed on the Certificate of Formation. Members/managers must be 18 years old but are not required to reside in New Jersey.
- Registered agent: LLCs must list the name and address of a registered agent with a physical address (no post office boxes) in New Jersey. The registered agent must be available during normal business hours to accept important legal and tax documents for the business.
If you set up an LLC in NJ with more than one member, you will need a federal Employer Identification Number (EIN), even if it has no employees. incorporate.com can help expedite this step as well.
3. Appoint a Registered Agent
New Jersey requires that every LLC has an agent for service of process. The registered agent functions as a business entity that accepts legal documents on behalf of the LLC. The registered agent can be either an individual or a type of business entity that is authorized to do business within the state of New Jersey.
4. Complete a Business Registration Application (NJ-Reg)
New businesses must also file an Application for Registration (NJ-Reg) with the New Jersey Division of Taxation in order to receive tax information from the state, even if you don't intend to collect or withhold taxes. There's no fee for registration, but you must file an application at least five business days prior to starting to do business.
The NJ-Reg form asks for comprehensive information about your company and its activities. If you will be collecting sales tax, the NJ-Reg must be submitted at least 15 days before your first sale.
5. Pay New Jersey LLC Taxes, Annual Fees, and Costs of Formation
To complete the process of registering an LLC in New Jersey, you will be required to pay the state filing fee for LLC formation. incorporate.com will handle all filing requirements and provide you with the total cost to get your LLC registration in NJ up and running. New Jersey LLCs must pay an annual minimum state tax per member.
6. File Annual Reports
In New Jersey, all LLCs are required to file a yearly Annual Report to maintain an "active" operating status. This report must be filed yearly on the anniversary month of the LLC's creation. Additionally, the Department of the Treasury requires an annual report be filed each year by your anniversary filing date. The report can be filed through the New Jersey Division of Revenue Online Annual Reports and Change Services page.
NJ LLC Formation FAQs
Do I need to submit an operating agreement to form my NJ LLC?
An operating agreement does not have to be submitted with your filing; nevertheless, it is a critical governing document and should be created when you form your company.
Can professionals form professional limited liability companies (PLLCs)?
New Jersey does not allow professionals, such as accountants, attorneys, and physicians to form a professional limited liability company (PLLC); however, professionals may incorporate as an LLC.
Do I need to reserve a name?
New Jersey does not require name reservation; however, it is a good way to ensure that your company name is available, and will remain available while you file for incorporation.
Does New Jersey have publication requirements or other follow-up filings?
No. New Jersey does not require you to publicize your company's formation, and does not have follow-up filing requirements.
Need Help with Forming a New Jersey LLC?
If you decide to form a New Jersey LLC, incorporate.com will can take care of all the details. We'll research the availability of your company name and help you prepare and file your Certificate of Formation with the New Jersey Department of the Treasury. We can also take care of many of your company's follow-up needs, including annual report preparation and filing.
Call us at 855.235.3824 or click here to get started on applying for your New Jersey LLC today!