The NJ LLC amendment online process is one of many completed by the New Jersey Secretary of State. Other online services include filing Annual Reports, Standing Certificates, Business Endings, and Business Reinstatements.

Forming an LLC in New Jersey Online

Companies looking to form a Limited Liability Company (LLC) in New Jersey are not required by law to hire an attorney. However, if there are certain aspects of the process that seem questionable, it's a good idea to seek the advice of an experienced accountant and/or lawyer before completing the required paperwork. New Jersey doesn't require companies to reserve a business name before submitting the application to form an LLC. Whether or not to reserve a business name is totally dependent on the business situation of the organization.

A business owner should file a Do Business As (DBA) if they wish to operate the business under a trade name or under a name different from their own. By filing a DBA, a secondary name is registered with the State of New Jersey. Also, it will make the DBA a fully legal name for business purposes. The DBA will be filed with the New Jersey Department of Treasury (NJDT).

The following information must be submitted to the NJDT in order to form an LLC:

  • DBA name of the business.
  • Alternative name for the business in case the first option is taken.
  • New Jersey address.
  • Name and address of the registered agent.
  • A brief description of the operating plan.
  • Name and address of all members
  • The start and cease date of the LLC.

The typical processing time of the articles of organization with the NJDT is about one to two business days, with an additional two to three days to ship the completed documents. The NJDT does not currently offer any expedited processing options. There's a $175 fee for filing the articles of incorporation. A certified copy is included in the price.

All companies looking to operate as an LLC in New Jersey must register with the New Jersey Secretary of State (SOS). The registration process is officially referred to as the New Jersey LLC foreign qualification. The requirements to register a domestic LLC are similar to the process of forming a foreign one. They are:

  • File the articles of organization.
  • Create the corporate bylaws.
  • Assign members and managers to the business.

The LLC name must be distinguishable from other businesses in the area. Users can register their LLC on the New Jersey SOS website in order to:

  • Determine if the preferred name for their LLC is available.
  • File forms.
  • Make payments.

The name of the LLC will need to be authorized by certain New Jersey government departments and must meet the specific guidelines set up by the New Jersey SOS. Requesting to use words such as bank, attorney, or university in the name of the LLC may require additional paperwork. Any words that may confuse the name of the LLC with a government agency are prohibited.

What Is an LLC Operating Agreement?

An LLC Operating Agreement is considered to be the most significant document of the LLC because it draws out the framework and roles of the business. More specifically, this agreement outlines the working and financial relationships among the managers and members of the company. Most Operating Agreements include these six sections:

  • Management and voting.
  • Organization.
  • Distributions.
  • Capital contributions.
  • Membership changes.
  • Dissolution.

The agreement identifies the rules agreed to by all members of the LLC in managing profit distribution and disputes. It's significantly more important for a multi-member organization to have an Operating Agreement than a single-member LLC. This agreement can be written or oral. Written agreements are recommended because they clearly outline what actions the members agreed to perform in the event of a dispute.

Obtaining an EIN

After forming a company, it's important to contact the IRS in order to receive an EIN, or Federal Tax Identification Number. An EIN is required to complete state and federal income tax returns. It also may be needed to open up a business bank account.

Assigning a Registered Agent

All New Jersey LLCs must nominate a registered agent who is responsible for sending and receiving legal papers on behalf of the LLC. These papers may include state filings and services of processing legal actions. The registered agent must have a business office that's identical to the registered office. The registered office cannot be a P.O. Box, but can be the same as the main place of business.

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