Starting an LLC in New Jersey

The New Jersey LLC filing fee is the cost of registering a new limited liability company (LLC) in New Jersey, currently $125. In New Jersey, LLCs are governed by Title 14A of the state code and administered by the Division of Revenue. To form an LLC in New Jersey, you must fill out all applicable forms, pay the fee, and meet formation and naming regulations. Forms include the Business Registration and Public Records filing. The latter includes:

  • The name and primary business address of the LLC
  • The type and purpose of the LLC
  • The intended duration (if other than permanent)
  • The name and address of the LLC's registered agent
  • Whether the LLC is managed by the members (owners) or by an appointed manager.

You must file two copies of each form along with the filing fee, either online, by mail, by fax, or by courier. The fee can be paid in cash or with a check, credit card, or money order. Filings done online or via fax are processed within one to three business days. However, you can pay an additional fee for 24-hour processing. Mailed filings are typically processed within a month.

Every LLC must assign a registered agent who is authorized to accept and notify members of legal documents on behalf of the LLC. This individual or corporation must have a permanent address in New Jersey.

Although New Jersey LLCs are not required to file an operating agreement, multimember LLCs are advised to create this legal document. The registered agent should keep a copy of the operating agreement on file.

New Jersey LLCs can opt to be taxed as:

  • Single-member LLCs
  • Partnerships
  • Corporations. 

Each classification carries specific federal tax responsibilities. Depending on the products or services you offer, your LLC may be charged other state and federal taxes. Depending on the type of LLC you form, you may be required to file:

  • Annual meeting minutes
  • Reports
  • Membership certificates
  • Membership interest bills of sale, as applicable.

Formation and Registration Overview

In addition to filing formation documents, you will need to submit them for public record and register for tax purposes. An LLC established elsewhere with one or more employees who reside in New Jersey must submit pages 17-19 of Form NJ-REG.

Registering Businesses for Employment and Tax Purposes

All business must file Form NJ-REG, which can be completed online. Foreign LLCs doing business in New Jersey must file Form NJ-REG to get a Business Registration Certificate. These LLCs will undergo a nexus review by the Division of Taxation. Doing so ensures you'll receive the proper tax notices and returns.

Your federal employer identification number (EIN) is also used as the New Jersey tax ID number. All employers must have an EIN, which can be obtained online from the IRS for free. Form NJ-REG can be filed with or within 60 days of submission of your business entity filing.

After filing Form NJ-REG, you'll receive a business registration certificate. This must be obtained to do business with:

  • New Jersey state agencies
  • Colleges and universities
  • Local governments
  • Local school boards
  • Casinos.

Choosing a Name for Your Business

Before choosing a name for your LLC, review business names on file with the state to ensure you don't select a name that is similar to that of an existing business. The name must end with either "LLC," "L.L.C.," or "Limited Liability Company." You can call 609-292-9292 to request a fee-based, business name search assistance.

If your LLC was formed elsewhere, you must use the exact legal name of the business to register to conduct business in New Jersey. If the name is already in use by another New Jersey business, you'll need to establish a "doing business as" (DBA) name to use in the state. Domestic New Jersey businesses may not use a DBA name. DBA paperwork must be filed by mail.

You can reserve a name for up to 120 days before registering your business. To do so, you must:

  • Submit the name you want to reserve (provided it is available)
  • The type of business
  • Your name
  • Your address
  • The date
  • Your signature.

If you need help with registering a limited liability company in New Jersey, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.