How to Form an LLC in New Jersey

This guide to starting an LLC in New Jersey provides step-by-step instructions on filing formation documents, obtaining tax IDs, and setting up company records.

Overview

LLCs are the most popular business structure because they are inexpensive to form, provide flexibility to the owners, and are easy to run. Forming your LLC legally establishes your business, limits your personal liability, and gains tax flexibility. The following step-by-step will help you as you undertake this process.

Fast Facts: Your Budget and Timeline

Here is an overview of the total paperwork, cost, and time it takes to form an LLC in New Jersey. Be sure to read the final step in this guide - "Ongoing Filings" - to understand your ongoing costs to maintain a compliant New Jersey LLC.


Paperwork
  • Public Records Filing for New Business Entity
  • Operating Agreement
  • IRS Form SS-4: Obtain an EIN
  • Form NJ-REG: Business Registration Form
Cost
  • Formation: $125 + optional $25-$1,000 expedite fee + optional $.10/page for a return fax
Time
  • Formation: ~4 weeks. ~8.5 hours for $25 expedited fee. Same-day for $50 expedite fee. ~2 hours for $500 expedite fee. ~1 hour for $1,000 expedite fee.

Step-by-Step New Jersey LLC Instructions

  1. Check Name Availability

    The legal name of your LLC may not conflict with any other registered name. Check availability of your desired name by conducting a name search.

    Name Search: New Jersey Department of the Treasury
    Name search
    Name Reservation: Optional
    Suffix:

    The name of a limited liability company shall contain the words "limited liability company" or the abbreviation "L.L.C." or "LLC". "Limited" may be abbreviated as "Ltd.", and "company" may be abbreviated as "Co.". 
    New Jersey Statutes 42:2C-8

  2. Appoint a Registered Agent

    Before you officially file to create your New Jersey LLC, you will need to decide who your New Jersey registered agent will be. A registered agent is a business's legal appointee to receive notice of lawsuit and other legal or government notices.

    State law requires every LLC to have a registered agent. The registered agent is designated when you file New Jersey articles of organization with the New Jersey Department of the Treasury.

    Our reliable registered agent service fulfills this requirement. You get:

    • Same-day documents from our local office in Marlton
    • Immediate online access to state forms with our address and, where required, our signature
    • Annual fees from $89 to $99 per state with no additional charges

    Order Now
  3. File New Jersey Certificate of Formation

    File the articles of organization to create your limited liability company.

    Agency:New Jersey Department of the Treasury
    Form:

    Public Records Filing for New Business Entity

    Filing Method:

    Mail, in-person, fax, or online

    Agency Fee:

    $125 + optional $25-$1,000 expedite fee + optional $.10/page for a return fax

    Turnaround:

    ~4 weeks. ~8.5 hours for $25 expedited fee. Same-day for $50 expedite fee. ~2 hours for $500 expedite fee. ~1 hour for $1,000 expedite fee.

    Law:

    New Jersey Statutes - 42:2C-1: Revised Uniform Limited Liability Company Act

    Notes:

    Include cover letter or self-addressed stamped envelope for return

    Fact Checked:6/13/17
  4. Establish Company Records

    Your LLC must keep correct and complete books and records. Your filed articles of organization are the first documents for your LLC’s records. Your LLC will generate many other official records such as:

    • Meeting minutes
    • Operating agreement
    • EIN verification letter
    • Amendments and other filings made to the LLC throughout its lifetime

    Organizations need a secure, centralized tool for managing and accessing sensitive records. Our Records Manager software offers a simple, efficient way for LLCs to store records, track members and managers, and customize meeting notifications.

  5. Create the Operating Agreement

    Draft an Operating Agreement (potentially using a template) which is the governing document for the LLC. It defines the formalities of how the LLC will run itself such as holding an annual meeting. You will review and adopt the agreement at your organizational meeting.

  6. Hold the Organizational Meeting

    The first meeting of the members of the LLC is the organizational meeting. You will need your filed articles of organization and your operating agreement in order to conduct this meeting. Keep minutes of this meeting and store them in your company record book.

  7. Get a Federal Employer Identification Number (EIN)

    If your LLC has more than one member or will hire employees, it must obtain an EIN. An EIN is also often required to open a bank account.

    Agency:Internal Revenue Service (IRS)
    Form:

    IRS Form SS-4

    Filing Method:

    Mail, phone, fax, or online.

    IRS fee:

    $0

    Turnaround:

    Immediately online or by phone. 4 business days by fax. 4-5 weeks by mail.

    Notes:

    The IRS website is only available during certain hours. Print your EIN before closing your session. For additional guidance, see IRS Pub 1635: Understanding Your EIN.

    Fact Checked:8/28/19
  8. Get New Jersey State Tax Identification Numbers/Accounts

    This filing registers your LLC for applicable taxes.

    Submit to:
    State of New Jersey - Department of the Treasury
    http://www.state.nj.us/treasury/index.shtml
    Form:
    Form NJ-REJ: Business Registration Form
    Guidance:
    Registration Forms and Information
    Fee:
    $0
    Filing Method:
    Mail or online
    Notes:
    • Submit within 60 days of filing business entity.
    • If the LLC will collect sales tax, submit NJ-REG at least 15 days prior to the date of your first sale. You will receive a Certificate of Authority for sales tax and 12-digit identification number.
  9. Consider Electing S-Corp or C-Corp Taxation

    By default, your LLC receives pass-through taxation and the vast majority of LLCs keep this tax classification. Some LLCs benefit from electing S-Corp or C-Corp tax treatment:

    • S-Corp treatment can help owner-employees who earn more than ~$75,000 per year save on self-employment taxes. File Form 2553: S-Corp Election.
    • C-Corps suffer from double taxation: the corporation pays taxes on profits then members pay taxes on their distributions. If profits exceed $250,000 per owner, you provide employee benefits, or you will re-invest most of your profit in the business, you may benefit from the low tax rates on retained earnings under C-Corp treatment. File Form 8832: C-Corp Election.
  10. Obtain Business Licenses & Permits

    To run your business legally, you must obtain applicable licenses and permits. The easiest way to navigate the wide range of federal, state, and local requirements is to search by your business type and locality using the Small Business Administration Business License & Permit look-up tool.


    New Jersey Business License

    Not required



    General Business License licensure is not required on the State level in New Jersey.

    New Jersey does not have a general business license at the state level, but local licenses are often required.

  11. Ongoing Filings to Maintain Your LLC

    You must file federal and state tax returns.

    Many states also require business entities to file an annual report to maintain good standing with the secretary of state. If an annual report is required for LLCs formed in New Jersey, view the table below.


    New Jersey Corporation Annual Report Requirements:

    Agency:New Jersey Department of the Treasury
    Form:

    None - you must file online.

    Filing Method:

    Online

    Agency Fee:

    $75 + $3 credit card fee

    Due:

    By the end of the registration anniversary month. So if you incorporated or foreign-qualified on March 15, then your annual report is due every year by March 31.

    Law:

    New Jersey Statutes § 14A:4-5.

    Original Ink:Not required
    Notarize:Not required
    Penalties:

    No late fee. Your business can be dissolved or revoked if you fail to file 2 annual reports in a row.

    Notes:
    • Either the registered agent or a corporate officer may file.
    • Changing the registered agent or registered office is an additional $25 fee.
    Fact Checked:1/11/21

    For more details, see our New Jersey annual report information center page.

    As your LLC grows, you will need to demonstrate your company’s good standing to banks, customers, and other state agencies. After all the work involved in forming your New Jersey LLC, don’t let a missed annual report filing cause your new business to fall out of compliance.

    Tracking and filing annual reports on your own can be time consuming and lead to accidental lapses. Protect your LLC’s good standing with Managed Annual Report Service, which tracks and automatically files reports on time, every time, so you can focus on your business.

Order Registered Agent Service Order Online

Helpful Tools


Welcome to Our Community

We're committed to publishing free informational resources such as this how-to guide. Our resources have been shared by important industry organizations including:






© 2012 - 2021 Harbor Compliance. All rights reserved. Harbor Compliance does not provide tax, financial, or legal advice. Use of our services does not create an attorney-client relationship. Harbor Compliance is not acting as your attorney and does not review information you provide to us for legal accuracy or sufficiency. Access to our website is subject to our Terms of Use and Service Agreement.